جستجوی مقالات مرتبط با کلیدواژه « Contagious disease » در نشریات گروه « فقه و حقوق »

It is difficult to discern the religious and legal duty to save the lives of those trapped or to save the lives of rescuers in dangerous situations that seriously threaten the life or physical health of the rescuers. This research has reviewed the reasons and jurisprudential documents in a descriptive-analytical method and concluded different rulings by rereading the evidence of venturous search and rescue in different situations. Rescue and treatment in the case of equality of lives are not obligatory, because both of the lives must be saved. It is not obligatory, according to the necessity of the Ḥadīth (“News” or “Story”) of “prohibition of detriment (Arabic: لا ضرر, Ḥadīth of harm)” and the generalization of harmful worships and food to the situation of physical harm, on the savior to suffer the harm in the absence of protective equipment for the purpose of treating and repel the harm from others. However, according to the absoluteness of the proofs of search and rescue, preference (Arabic: رججان, Rujḥān) and recommendation (Arabic: استحباب, Istiḥbāb) were proved in these conditions. It is rejected to refer to the Ḥadīth of “No Infectiousness (Arabic: لا عدوی)” in denying the contagion of disease and staying in the environment of the outbreak of the contagious disease. However, the rescuers in the field of medicine and nursing, in addition to having knowledge, expertise and equipment, according to the commitment, should provide treatment as much as possible as secondary necessity. However, it is not possible to sentence to the liability of a leaver of rescue in case of failing (abandoning) to rescue in these circumstances, although the leaver has committed a sin.

In this paper, the effect of dangerous contagious diseases on the ability and acts and rituals of Hajj is studied. This library research concludes that if the contagious disease is dangerous and deprives the affected person from the opportunity to perform the rituals until the last possible time, he would lose the ability and in the case that his financial ability remains, he should take action in the next year. However, if he is healthy and is afraid of contracting a contagious disease existing in Saudi Arabia, if the conjecture of contracting the disease is strong and rational, the fear of contracting the disease prevents the obligation of Hajj and in case he knows or it seems strongly probable to him that preventive and appropriate measures will be taken against the spread of the disease in Saudi Arabia, such a fear does not prevent the obligation of Hajj. In that case, if, despite precautionary and preventive measures, he contacts a contagious disease and at the same time, following a physician's instructions, he is able to complete his acts and rituals before the time expires, even if he confines himself to performing the minimum obligations and rituals, his Hajj is sufficient (Mujzi). Otherwise, illness and failure to perform the acts indicate his inability in that year.

Today the expansion of contagious diseases from HIV, Hepatitis, Ebola, Tuberculosis, made several crises in the world including our country, Iran. Among significant problems in this area is the responsibility of legal entities which is due to transmission of dangerous contagious diseases. What is called “Civil Liability” in English law is tort. Legal entities which are responsible for transmission of dangerous contagious diseases are the hospitals which negligence of any of hospital authorities can cause the transmission of the dangerous contagious disease to some people. “Civil Liability” of the hospital in the case can be contractual or tortuous or blood transfusion center which has the obligation of transportation of healthy and free from contamination blood and blood products, so in the event of neglect of any of legal entities, legal obligations must be considered so the rights of the victims of these diseases won't be violated.

Nowadays, the human society is facing big challenges as a result of development of serious contagious diseases, such as Ebola, various kinds of Hepatitis, HIV and … and it has created civil liability problems. Civil liability is one of the most important issues in private law, which is considered sanction of individual rights. This paper deals with civil liability of natural persons resulting from transmission of serious contagious diseases and liability of each of them so as to prevent from violation of the rights of victims suffering from such severe contagious diseases. For instance, if a hairdresser causes disease transmission to a healthy person due to his/ her imprudence, it indicates an element of his/ her liability. Also, if a mother refrains from pre-pregnancy vaccination and needed tests and thus causes disease transmission to her baby, it is indicative of an element of her liability. On the other hand, liability arising from contagious disease is not particular to patients who are aware of their disease, but also involves unknowing patients and the liability of unaware patients can be proven by destruction and causation rules.

 

Infectious diseases, especially coronavirus, are one of the most challenging issues in the world, overshadowing all aspects of human life. One of the main factors in the spread of these diseases is their concealment from others. This article was written at the time of the outbreak of corona in the world using descriptive-analytical research methods and library documents and has provided the latest jurisprudential and legal achievements on infectious diseases, especially coronavirus and their concealment. Numerous evidences, including the rule of denial of harm, the rule of necessity of repulsion of probable loss, the generalities and applications of the prohibition of murder and the principle of precaution, indicate the sanctity and prohibition of concealment of infectious diseases such as corona. The concealer is the guarantor of loss based on the rule of loss, the rule of consolation, the rule of pride, the rule of prohibition of concealment of truth, the rule of the necessity of ignorant guidance, the rule of safe commitment and the rule of commitment to conventional care. The transmitter of the disease according to the warning rule, the rule of action and the rule that the steward is stronger will not have a guarantee and civil liability due to the disclosure of the disease.

The goal of civil liability is to protect the injured persons and compensates all loss. But in some cases, the injured person is also the one who causes damage himself. An ill person with contagious disease is a sample of injured ones who should compensate the loss if he transmits his illness and damages others. For this, the law determines duties for theses ill people who are aware of their illnesses. Some of the mentioned duties are care for the safety of others and preventing from others losses, announcing the disease to whom are related to him and carrying out the cautious affairs to avoid dangers. The protection of human safety is as important that sometimes the responsibility of transmitting diseases are being involved the generous persons and mothers. For instance, carelessness of mothers to do pregnancy tests and injecting the necessary vaccines before pregnancy causes responsibility for them. Blood donation by someone with contagious disease who is aware of his disease is accompanied the responsibility of the donor and the intention of charity does not make him be protected. From the other side, the responsibility that originates from transmitting diseases is not included ones who are aware of their diseases but those who are not aware. Therefore the responsibility of unaware ill persons can be proved by the principles of damaging and causation.