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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

Capturing at health institutions as a guarantee of rights is considered a contemporary issue. Two aspects of capturing were discussed; the first is the capturing at healh institutions for newborns; the second is the capturing of human body by health institutions. The topic was discussed through three axes.

The first axis deals with Fiqhi and legal adaptation for the act of capturing , and the extent of the legality of the capturing of the people by the health institutions to guarantee the rights according to Fiqh and law , and the research concluded with the following:

1- Illegitimacy of capturing people at the health institutions in Fiqh and law

2- the act of capturing constitutes acrime against the newborn and deprive that newborn from liberty, and acrime against the dead pearson as it violates the sanctity of the body, and that has been detailed in Fiqh and the law with the statement of each case.

3- The moral damage was found in both cases and the entitlement of the victim or has/her family to compensate in Fiqh and law Second axis, the impact of capturing on the costs of treatment due to health institutions was discussed and the person who shall pay the required fees was identified. The cost accrued prior to capturing and costs accrued after capturing were identified. The research concluded that there was no impact on the original treatment costs as they are due to the health institutions and shall be paid by the newborn's own mony, his/her parents in the event of childbirth, and the inheritance of the deceased person and the heirs in the case of the cost of treatment before death, regarding the financial expenses resulting from the person of capturing itself and because the capturing is illegal, these expenses are required by the health institution that has been performed the capturing because they are the causes for that act.

The third axis discusses the means of guaranteeing the financial rights due to the health institutions on the newborn, and due on the desceased's person estate, to overcome the defect of shortage on one hand, and away from prolongation on the other hand. these means are: guarantee to jail the person who shall pay the require fees, guarantee to have guarantor for the person who shall pay the require fees guarantee to transfer the commitment to another person and the guarantee of the provision of a mortgage to those rights by the person who shall pay required fees.

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