Criminal Liability Arising from Biomedical Research in Islamic Jurisprudence ni Law: A Comparative Study Yemeni

Abstract

This study examines the issue of criminal liability for biomedical research involving the human body through a comparative analysis between Islamic jurisprudence and Yemeni law, in light of the rapid advancement in medical science and the legal and ethical challenges it raises regarding human protection and the limits of legality. The research aims to establish the theoretical foundation of criminal liability, analyze its elements, and determine its applicability to acts arising from biomedical research, while highlighting the impact of scientific intent, consent, and professional negligence on the establishment or exclusion of liability.

The study adopts a doctrinal (theoretical) approach to explore Islamic legal principles, an analytical method to examine Yemeni legal texts, and a comparative method to identify similarities and differences between the two systems. The findings reveal that biomedical research is considered a form of restricted permissibility, subject to strict legal and ethical controls, and that criminal liability arises when these controls are violated, whether intentionally or negligently. The study also identifies a legislative gap in Yemeni law due to the absence of a specific legal framework governing biomedical research, relying instead on general legal provisions.

Accordingly, the research emphasizes the need to develop a comprehensive legal framework that accommodates the specific nature of biomedical research and balances human protection with scientific progress. In this regard, the study presents a proposed draft law regulating biomedical research on human subjects, including definitions, procedural safeguards, informed consent requirements, the role of ethics committees, and rules governing criminal liability, thereby enhancing legal protection and ensuring responsible scientific practice.