Responsibility on account of Abstention from Doing Public ‎Duty When Needed

Responsibility on account of Abstention from Doing Public ‎Duty When Needed

Jamal Al-Kilani

alfeqhdep@najah.edu

Received : 17-02-2004 , Accepted : 15-06-2004

Language: Arabic

Abstract

This study, entitled “Responsibility on account of Abstention from Doing Public Duty When Needed”, includes two part, an introduction and a conclusion. In the first theme, I talk about Islam’s consideration of the principle of cooperation and solidarity in the community as a duty stressed by Islamic Shari’ah in time of need. In the second theme, I talk about responsibility or obligation on account of abstention from assisting others in the Shari'ah law. I show that mundane law did not consider the abstainer responsible for the consequences of his/her abstention whereas Islamic Shari’ah ruled abstainer as murderer, in some doctrines (Mathaheb) when abstention resulted in death of the person needing assistance.

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