Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law

Although seen as an effective tool in resolving medical disputes at an early stage, apology has yet to be fully embraced by medical practitioners in healthcare settings. This is due to the fact that the act of apologising has constantly been associated with admission of fault as well as confession o...

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Main Authors:	Saleh, Muhammad Ridhwan, Jahn Kassim, Puteri Nemie, Ramlee Saad, Zulfakar
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/68935/ http://irep.iium.edu.my/68935/ http://irep.iium.edu.my/68935/1/68935_Apology%20as%20evidence%20of%20liability%20in%20medical%20disputes.pdf

id	iium-68935
recordtype	eprints
spelling	iium-689352019-01-14T00:59:40Z http://irep.iium.edu.my/68935/ Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie Ramlee Saad, Zulfakar K Law (General) KBP Islamic Law Although seen as an effective tool in resolving medical disputes at an early stage, apology has yet to be fully embraced by medical practitioners in healthcare settings. This is due to the fact that the act of apologising has constantly been associated with admission of fault as well as confession of guilt. In addition, the components of apology which include expressions of guilt, remorse or self-criticism tend to have adverse evidentiary implications in potential lawsuits. Lawyers as well as insurance companies have also labelled the ‘act of apologising’ as suicide, due to the negative implications the act has on legal suits and medical indemnity coverages. In preserving the benefits of apologizing, several jurisdictions have introduced laws halting apologies from being put into evidentiary use by the courts of law. The act of apologising is also regarded as commendable under the Shari’ah as Allah swt has promised reward for those who forgive in many provisions of the Holy Qur’an. Showing patience and giving forgiveness is considered to be the best conduct for a good Muslim as Allah swt stated to the effect in Surah Al- Maidah, verse 13, that “… forgive them, and overlook (their misdeeds), for Allah loves those who are kind”. By employing qualitative methods of research, this paper aims to discuss the evidentiary implications of apology on court litigation under both the Shari’ah and Civil Law and whether the enactment of ‘apology laws’ will eventually encourage medical practitioners to embrace this benevolent act fully and globally. USIM Press, Universiti Sains Islam Malaysia 2018-12-01 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68935/1/68935_Apology%20as%20evidence%20of%20liability%20in%20medical%20disputes.pdf Saleh, Muhammad Ridhwan and Jahn Kassim, Puteri Nemie and Ramlee Saad, Zulfakar (2018) Apology as evidence of liability in medical disputes: a comparative study between 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. 109-118. 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 Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie Ramlee Saad, Zulfakar Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
description	Although seen as an effective tool in resolving medical disputes at an early stage, apology has yet to be fully embraced by medical practitioners in healthcare settings. This is due to the fact that the act of apologising has constantly been associated with admission of fault as well as confession of guilt. In addition, the components of apology which include expressions of guilt, remorse or self-criticism tend to have adverse evidentiary implications in potential lawsuits. Lawyers as well as insurance companies have also labelled the ‘act of apologising’ as suicide, due to the negative implications the act has on legal suits and medical indemnity coverages. In preserving the benefits of apologizing, several jurisdictions have introduced laws halting apologies from being put into evidentiary use by the courts of law. The act of apologising is also regarded as commendable under the Shari’ah as Allah swt has promised reward for those who forgive in many provisions of the Holy Qur’an. Showing patience and giving forgiveness is considered to be the best conduct for a good Muslim as Allah swt stated to the effect in Surah Al- Maidah, verse 13, that “… forgive them, and overlook (their misdeeds), for Allah loves those who are kind”. By employing qualitative methods of research, this paper aims to discuss the evidentiary implications of apology on court litigation under both the Shari’ah and Civil Law and whether the enactment of ‘apology laws’ will eventually encourage medical practitioners to embrace this benevolent act fully and globally.
format	Book Chapter
author	Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie Ramlee Saad, Zulfakar
author_facet	Saleh, Muhammad Ridhwan Jahn Kassim, Puteri Nemie Ramlee Saad, Zulfakar
author_sort	Saleh, Muhammad Ridhwan
title	Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
title_short	Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
title_full	Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
title_fullStr	Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
title_full_unstemmed	Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law
title_sort	apology as evidence of liability in medical disputes: a comparative study between the shari'ah and civil law
publisher	USIM Press, Universiti Sains Islam Malaysia
publishDate	2018
url	http://irep.iium.edu.my/68935/ http://irep.iium.edu.my/68935/ http://irep.iium.edu.my/68935/1/68935_Apology%20as%20evidence%20of%20liability%20in%20medical%20disputes.pdf
first_indexed	2023-09-18T21:37:50Z
last_indexed	2023-09-18T21:37:50Z
_version_	1777412939627626496

Apology as evidence of liability in medical disputes: a comparative study between the Shari'ah and civil law

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