A Comparative Study of Benevolence, Brotherhood and Good Samaritan, Criteria and legal responsibilities arising from it in Islamic, European and American Private Law

Abstract

This article compares the principles: neighbor in English law, Good Samaritan in America and Ihsan (benevolence) in Islamic law and also see fraternity in French law. The focus of this article is on the scope and application of these rules especially on the compensation of benefactor. This study shows that the Islamic principle has a wider scope and application and is not limited to the state of necessity, but the criteria for describing a person as a benefactor in the judgments of common law courts are practical and useful. Iranian law could consider these characteristics as the criteria of the reasonableness of the behavior. Indicators of good faith, freeness, absence of contractual relationship, absence of gross negligence should be taken in consideration in all charitable activities.

Keywords

• benevolence principle
• good samaritan
• neighbor principle
• brotherhood
• duty to aid
• duty to care
• civil responsibility of good samaritan