Medical Liability Between Islamic Guarantee and Legal Regulation: A Comparative Analytical Study

Abstract

This study examines medical liability in Islamic jurisprudence and Libyan law through an analytical and comparative approach. Medical liability is one of the most complex issues in both Sharia and modern law، as it directly relates to the protection of life and property—two of the essential objectives of Islamic law.

 The research explores the Shari'a foundations of medical liability، focusing on the principles of amen (guarantee) ، taʿaddī (transgression) ، and khaṭaʾ (fault) ، and how these principles reflect the higher objectives of justice and human protection in Islamic law. It then compares these foundations with the legal framework established under Law No. (17) Of 1986 governing the practice of medical professions in Libya.

 The study highlights the degree of alignment between Islamic and Libyan legal systems in defining medical error، determining the physician’s responsibility، and balancing the rights of both doctor and patient. It adopts an analytical-comparative methodology، relying on primary Shari'a sources، classical juristic writings، and relevant Libyan judicial precedents، to propose a comprehensive understanding of medical liability from both religious and legal perspectives.