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

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 Sama...

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Main Authors:	Jahn Kassim, Puteri Nemie, Shahul Ikram, Nur Adlin Hanisah
Format:	Book Chapter
Language:	English
Published:	USIM Press, Universiti Sains Islam Malaysia 2018
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/68933/ http://irep.iium.edu.my/68933/ http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf

id	iium-68933
recordtype	eprints
spelling	iium-689332019-01-15T01:38:02Z http://irep.iium.edu.my/68933/ Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law Jahn Kassim, Puteri Nemie Shahul Ikram, Nur Adlin Hanisah K Law (General) KBP Islamic Law 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. USIM Press, Universiti Sains Islam Malaysia 2018-12-01 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf 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 http://penerbit.usim.edu.my/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Jahn Kassim, Puteri Nemie Shahul Ikram, Nur Adlin Hanisah Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
description	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.
format	Book Chapter
author	Jahn Kassim, Puteri Nemie Shahul Ikram, Nur Adlin Hanisah
author_facet	Jahn Kassim, Puteri Nemie Shahul Ikram, Nur Adlin Hanisah
author_sort	Jahn Kassim, Puteri Nemie
title	Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_short	Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_full	Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_fullStr	Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_full_unstemmed	Medical practitioners as 'Good Samaritans': the emerging duties and liabilities under the Shari'ah and civil law
title_sort	medical practitioners as 'good samaritans': the emerging duties and liabilities under the shari'ah and civil law
publisher	USIM Press, Universiti Sains Islam Malaysia
publishDate	2018
url	http://irep.iium.edu.my/68933/ http://irep.iium.edu.my/68933/ http://irep.iium.edu.my/68933/1/68933_Medical%20practitioners%20as%20Good%20Samaritans.pdf
first_indexed	2023-09-18T21:37:50Z
last_indexed	2023-09-18T21:37:50Z
_version_	1777412939479777280

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

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