According to the Islamic Law, murder is qualified as a qisas crime: therefore, the punishment consists in the law of retaliation. However, when this crime is caused by a physician with gross negligence, in the exercise of his professional activity, he is punished only with diya (literally, the ‘blood price’), so the doctor has to compensate the victim’s relatives for the death. Furthermore, the Islamic law shows other original solutions: such as the aquilah and the ‘afv. Due to the positive effects of these institutes, especially in terms of limiting the phenomenon of defensive medicine and reducing judicial litigation, it is necessary to reflect on the introduction of new legal instruments in the Italian criminal law.
Iagnemma, C., La responsabilità medica nel diritto penale islamico, <<JUS>>, 2020; (3): 1-40 [http://hdl.handle.net/10807/162966]
La responsabilità medica nel diritto penale islamico
Iagnemma, Caterina
2020
Abstract
According to the Islamic Law, murder is qualified as a qisas crime: therefore, the punishment consists in the law of retaliation. However, when this crime is caused by a physician with gross negligence, in the exercise of his professional activity, he is punished only with diya (literally, the ‘blood price’), so the doctor has to compensate the victim’s relatives for the death. Furthermore, the Islamic law shows other original solutions: such as the aquilah and the ‘afv. Due to the positive effects of these institutes, especially in terms of limiting the phenomenon of defensive medicine and reducing judicial litigation, it is necessary to reflect on the introduction of new legal instruments in the Italian criminal law.
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