موقف الفقه الإسلامي من القتل بدافع الشفقة مقارن بالقانون الجنائي المليزي والليبي
Because of growing the phenomenon of killing motivated by compassion in all Arabic and Islamic societies and there are no legal and legitimate frameworks as well, which are required to criminalize this behavior in Islamic Sharia and in both laws of Libya and Malaysia, the study aims at knowing the a...
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| Format: | Thesis |
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| Summary: | Because of growing the phenomenon of killing motivated by compassion in all Arabic and Islamic societies and there are no legal and legitimate frameworks as well, which are required to criminalize this behavior in Islamic Sharia and in both laws of Libya and Malaysia, the study aims at knowing the attitude of the Islamic Jurisprudence from the campaign of mercy killing , if compared with the Criminal Law of both Malaysian and Libyan countries .The researcher adopts the deductive & analytic methodology in his study , based on the proofs & opinions of scholars on the subject ; as he also focuses on the comparative approach of both positions : The Islamic Jurisprudence on the one hand , and the Malaysian & Libyan Laws on the other hand , since this approach is fit with the nature of the current study , based on the proofs and rules of Islamic Jurisprudence & the opinions of scholars ; lastly the interview approach is of considerable importance as well .Among the outcomes the researcher draws is that the human soul has sanctity and legitimate immunity , inspired by its Creator , then , Islam forbids the killing of a human being illegally , more than that , the Islamic Jurisprudence considers the act of killing , perception , & choice as a legitimate basis background of human responsibility for any criminal acts ; the researcher concludes that the physician is legally & legitimately responsible to preserve the lives of his patients with extra care , as this principle becomes weak if we regard the scientific & technical progress in the ways & means of physical treatment , the discovery of inventions in the field of medicine , seen as a technical & scientific revolution ; henceforth , there is no justification to join the campaign mercy of killing , as verily Muslims believe that healing & safety from diseases is a matter in God`s hands ; the researcher concludes that the positive law today doesn`t differ much from what Muslim jurists drew as conclusions before . The researcher recommends through this study to amend the penal laws of Libya & Malaysia as well as to ensure an explicit provision criminalizing the campaign of mercy killing , and to issue an act of punishment in accordance with the provisions of Islamic Sharia . The researcher calls for a campaign of awareness among the physicians and their assistants , through strengthening their religious faith , remembering them that medicine is a legitimate honesty before it is an occupation , while they should observe God in its performance ; the researcher also recommends to strengthen family and social ties , exploring consciousness in the minds of people to avoid the conditions that encourage these negative aspects , to avoid the spread of this phenomenon contrary to Sharia law. |
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