Law Commons^™

- د. خليفة بابكر الحسن تقرير عن ندوة المسؤولية الطبية في الشريعة والقانون

UAEU Law Journal

أقامت كلية الشريعة والقانون في إطار نشاطها الفصلي في الفصل الدراسي الأول ندوة عن المسؤولية الطبية في الشريعة والقانون

يوم الثلاثاء 27 ربيع الثاني 1409هـ الموافق 6/12/1988 بقاعة المسرح بالمعهد الإسلامي بالجامعة واشترك فيها لفيق من أساتذة الكلية في الشريعة والقانون بالغضافة إلى طبيب أخصائي من مستشفى الجزيرة بأبوظبي تولى تقديمها الأستاذ الدكتور رمضان السيد علي الشرنباصي رئيس قسم الشريعة الإسلامية بالكلية .

Human Organs Transplantation From Jurisprudence View- نقل وزراعة الأعضاء البشرية في الميزان الشرعي

UAEU Law Journal

The researcher tackles a widely conflicting topic by jurisprudents, a case which opens doors widely for

Discussions. His research covers the following:

1. The Right and its Divisions.
2. Donation of organs and jurisprudence principles.
3. Transfer of organs from the dead.
4. opposers allegations and refutation thereof.

He quoted evidences from Holy Quran, Sunnah and jurisprudents explaining jurisprudential principles related to the subject & finally ends up with his conclusions.

Credibility Of Genetic Profiling In Establishing Paternity A Legal Comparative Study, Fwaz Saleh

UAEU Law Journal

Genetic profiling offers a new dimension for the possibility of exploring biological truth. It plays an important role in establishing paternity in Western legislation, though two conflicting trends are apparent in this connection: free and restricted.

In both trends, however, proving the biological truth is not the only objective of the legal rules organizing the establishment of paternity. The present study has also indicated that genetic profiling poses a threat to human rights, especially inviolability of the human body. Scientific evidence would certainly help determine paternity through the use of biologically accurate techniques. In the event of disputed paternity, however, …

Provisions On The Concealment Of Esthetic Imperfections, Through Therapeutic Or Cosmetic Interventions, From The Fiancé: Islamic Jurisdictive Study From A Medical Perspective, Asma Salmeen Al-Aryani, Nihal Abdullah Ahmed

UAEU Law Journal

The aim of this research is to explain the provisions of jurisprudence of hiding some unapparent defects or imperfections by the fiancée from her future husband through either therapeutic or cosmetic procedures.

The treatment may be a cure of a congenital disease that may affect the marriage, offspring or both, or it may not affect any of them. Treatment may also be the cure of an imbalance that affects the human and caused by himself or others. This imbalance may have impact on marital life, offspring, both of them or it may not have an effect on either of them. …

A Medical Doctor’S Abstinence From Care Giving In Islamic Jurisprudence (Shari'a) And Common Law

UAEU Law Journal

This paper addresses the following: First, it defines the term “Medicine”, its virtues and wisdom on the basis that care giving (treatment) is not the duty of every Muslim. Second, the study states that freedom of action is the foundation of care giving in the medical profession. Nonetheless, the study goes on to point out that doctors are under solemn duty to provide care, and this is governed by such principles as Islamic jurisprudence (Shari'a) and social responsibility. Third, the issue of whether or not to provide care giving is a contemporary one. This has been addressed in relation to …

Concept And Provisions Of Bodily (Physical) Changes: Analytical Study Of Jurisprudence, Abdullah Salem Al Taha

UAEU Law Journal

The research aims to set an important issue entails a lot of issues relating to ancient and modern cosmetic operations and other general medical operations.

In this study, I explained the meaning of the term of the bodily/physical change, which was referred in the Qur'an and Sunnah.

Afterwards, I have addressed the identity of the forbidden physical change and the opinion of Islamic jurisprudence scholars of it.

In conclusion, I dedicated a section for the most important contemporary issues that derive different facts as an application for bodily change

Perspective Of Islamic Law (Sharia) Towards The Liability Of Medical Malpractice, Mohammed Abdul Rahim Al Olama

UAEU Law Journal

In this brief study, I have addressed the view of Islamic Law (Sharia) towards liability in medical malpractice. I have cited the views of early scholars from the four schools of Islamic jurisprudence as well as contemporary ones and quoted decisions issued by the jurisprudential academies in reference to this important subject. Moreover, the study sheds light on the position of Sharia especially with the introduction of multidisciplinary modern medicine treatments and the increased likelihood of consequent medical malpractice.

It is noteworthy that the doctor's commitment to the rules and principles of the medical profession without negligence absolves him/her of …

The Legal Provisions Of The Dna In Light Of Seeking To Ensure Effectiveness In The Determination Of Descent, Bassim Chihab

UAEU Law Journal

The discovery of DNA was a turning point in the legal evidence system, With the pursuit of individuals and States to access the facts and to the inability of traditional evidence to meet the need, Both the legislation and the judiciary have moved towards DNA, as an amazing scientific discovery that provides precise answers to vague questions.

As is the case, developed countries have been credited with discovering and prioritizing DNA, In the Arab countries, and specifically in matters of personal status, there is a keen concern not to harm the family rights system, because they are constants, but on …