Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law

Jahn Kassim, Puteri Nemie and Shahul Ikram, Nur Adlin Hanisah (2018) Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law. In: Contemporary and emerging issues in Syariah and Law. USIM Press, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan, pp. 129-138. ISBN 978-967-440-588-5

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Abstract

The ability to cure and alleviate harm has made medical practitioners vulnerable to expectations of the society. Society expects medical practitioners to unhesitatingly render assistance to those who are injured and in distress. In other words, medical practitioners are expected to act as ‘Good Samaritans’ who unselfishly comes to the aid of those who suffer harm, even though they are strangers. Such altruistic behavior has been incessantly reiterated in various provisions in the Holy Qur’an. In Surah Al-Maidah, verse 32, Allah swt stated to the effect “…and if anyone saved a life, it is as if he had saved the life of the whole mankind.” Further, in Surah Al-Nisa’, verse 36, Allah swt stated to the effect “…show kindness to parents, kinfolk, orphans, and those who are in need, neighbours who are near as well as neighbours who are strangers…”. The growing demands by the society for medical practitioners to act as ‘Good Samaritans’ have also triggered the enactment of various laws around the globe imposing criminal sanctions for failure to render assistance to the injured. In understanding these emerging responsibilities of medical practitioners, this paper seeks to discuss the duties and liabilities of medical practitioners when acting as Good Samaritans under the Shari’ah as well as the Civil Law. This paper will also examine the global development of ‘Good Samaritan Laws’ which offers legal protection for medical practitioners from being prosecuted for unintentional injury or wrongful death, with the aim of encouraging the engagement of such altruistic behaviour invariably.

Item Type:	Book Chapter
Additional Information:	1830/68933
Uncontrolled Keywords:	Good Samaritans, duties and liabilities, Shari'ah and Civil law
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Professor Dr Puteri Nemie Jahn Kassim
Date Deposited:	14 Jan 2019 08:55
Last Modified:	15 Jan 2019 09:38
URI:	http://irep.iium.edu.my/id/eprint/68933

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