This study is titled "Criminal responsibility resulting from the transmission of the emerging corona virus in Islamic jurisprudence and law", to show the images of the transmission of the Corona virus and the resulting penal responsibility in Islamic criminal jurisprudence and the Jordanian Penal Code, and followed the descriptive approach that combines induction and deduction, in addition to the comparative approach. Which is consistent with the nature of the study, to give a clear vision that contributes to building the appropriate legal ruling. The study concluded that it is difficult to determine who transmitted the virus to others - due to the nature of this virus. Punishment can be inflicted without knowing the true carrier of the virus. And if we know the virus carrier, then the responsibility resulting from its transmission in law varies according to the outcome. If he does not know that he was infected with the virus, and he mixed with others that led to his death, then he is asked about causing the wrong death, and as for the responsibility resulting from the transmission of the Corona virus in Islamic criminal jurisprudence, it varies according to the type of damage caused by the transmission of the virus to others, and the extent of its impact on the individual or society with harm. Or perishing and losing one’s life or not, and accordingly, if the carrier’s intention is to spread disease among people and cause them harm, it can be considered as a matter of enmity and corruption on earth, and it can also be considered as a disciplinary punishment punishable by the ruler in proportion to the seriousness and impact of the crime, in order to achieve public order in the state. And if he intends to transfer it to the victim to kill him and he dies from that, then he shall be punished with the penalty of semi-intentional murder, because the virus does not usually kill, and if some people die because of infection with it, and if he did not intend to kill the victim, and he died due to infection with it, then it is considered as one of killing the Wrong, as well as negligence and lack of caution, but if he was infected with the disease and did not know that he was infected, then he does not have to do anything, because he did not know and did not transgress it .Key words: corona, criminal responsibility, causing death.

Title

جمعية كليات الشريعة جمعية كليات الشريعة

Publisher

جامعة الجزائر

Publisher Country

Algeria

Publication Type

Both (Printed and Online)

Volume

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Year

2023

Pages

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