Jurisprudential and legal bases of criminalization of refusal of rescue and rescue in the absence of obligation and contract

Subject Areas : Criminal jurisprudence

Mehri Salehi ¹ , Ebrahim Yaghouti ² , Vali Rustavi ³

1 - PhD student in jurisprudence and basis of Islamic Law, Department of Law, Tehran Markazi Branch Islamic Azad University, Tehran, Iran
2 - Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 - Professor, Department of Public Law, University of Tehran, Tehran, Iran

Received: 2023-04-05 Accepted : 2023-07-09 Published : 2023-03-21

Keywords: rescue, injured, criminalization, Refusal, legal foundations, jurisprudential foundations, aid,

Abstract :

The institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and according to the single article of the penal law Refusal to help the injured, abandoning this common duty is criminalized based on various bases and according to the rule of "Qa'ida al-Ta'azir Lekol Muharram" it is necessary to punish those who help. A person is required to save another's life, he asks the question, what are the most important bases and sources that consider the ruling on the obligation to help necessary? Refusal to help a person in danger is based on various legal bases, including social cooperation, respect for the right to life. Naturally, utilitarian thoughts, the will of governments and social motives originate.From the foundations of jurisprudence, it is possible to refer to the jurisprudential rules of "aiding wrongdoing", "law of harm", "rule of al-Ta'zir for all Muharram" and enjoining what is good and forbidding what is evil. It is also possible to refer to the verse "Innallah Ya'amru bi'al-adl al-ihsan" , ihsan in its literal sense is also considered as one of the most important jurisprudential sources of the need to help another person. The findings of the research show the place of aid and relief and the importance and necessity of helping a distressed person in jurisprudence. Since jurisprudence is considered the most important legal source, therefore, the criminalization of this case in a single article is fed from the jurisprudential source.