Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law

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Thaghafi Maryam; NIAZI ABBAS

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Journal Paper

Paper Information

Journal: Journal of Comparative Law Year:2022 | Volume:8 | Issue:2 (16) Page(s): 57-74

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Information Journal Paper

Title

Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law

Author(s)

Thaghafi Maryam | NIAZI ABBAS | Issue Writer Certificate

Keywords

Ehsan rule

Good Samaritan immunity

Tortious liability

Good Samaritan

Abstract

"Ehsan" rule is among Islamic jurisprudence rules that in order to support Good Samaritans, knowing excluded the Tortious liability arising from their actions. Similar to this rule, is the doctrine of Good Samaritan immunity/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Good Samaritan immunity that has formed in common law with a 2000-year history and like “ Ehsan” rule and Good Samaritan will be considered exempted from liability. Each of these rules is considered some conditions for Good Samaritans that that agree in two conditions: acting based on good faith and no consideration for action. Aside from the exemption of Good Samaritans that have been investigated in numerous books and articles, significant issue is the exemption of Good Samaritans from liability that is not unqualified and absolute. Good Samaritan also is liable for losses resulting from his actions although the action is motivated by charity and gratuitous. Among these are creation of intentional damages, more losses and any legal or contractual duty in helping others and with harm in from of loss, which will be studied in this paper.

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APA: Copy

Thaghafi, Maryam, & NIAZI, ABBAS. (2022). Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law. COMPARATIVE LAW (NAMEH-YE MOFID), 8(2 (16) ), 57-74. SID. https://sid.ir/paper/957144/en

Vancouver: Copy

Thaghafi Maryam, NIAZI ABBAS. Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2022;8(2 (16) ):57-74. Available from: https://sid.ir/paper/957144/en

IEEE: Copy

Maryam Thaghafi, and ABBAS NIAZI, “Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 8, no. 2 (16) , pp. 57–74, 2022, [Online]. Available: https://sid.ir/paper/957144/en

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