ترك إنقاذ المصاب في حوادث السير في الفقه الإسلامي و القوانين الوضعية

الملخص EN

This paper tackles the issue of not to rescue wounded person in car accidents in Islamic Jurisprudence and Statute Laws.

There are to cases for this subject.

The first one is related to the case where the person who has not rescued the wounded person is not the person who has caused the car accident.

The second of which is related to the case where the causer of the wound is the same person who has not rescued the wounded person.

As there is no text specifies the rulings of these to cases, the researcher has derived their rulings from the similar subjects in Islamic Jurisprudence.

The researcher concludes that we should differentiate between the crime of the accident and the crime of not rescuing the wounded.

The first case is judged according to the legal nature of each incident by referring to the general principles of punishment concerning the accident.

The second case is an independent crime the penalty of which is related to the category of al-Tacazir punishments.

Hence, the judge has the right to estimate the suitable penalty for it.

However, he should be strict if the criminal is the same causer of the accident in question.

Article (26) (a) of Jordanian Traffic Law no.

49, 2008 tackles this crime indirectly, as it legislates a punishment on the escaped person, which includes not rescuing the wounded.

While the Egyptian and Lebanese Laws are more direct in dealing with this crime.

The first states that "to abstain from providing help the injured person the accident, or to ask for an assist".

The second states that "lack of care of the victim".

All the legal systems have treated rescuing the wounded as a reason of easing the punishment.

However, they have not differentiated between the case of not rescuing the injured that requires consequence, and the other one that does not result that.