رعاية ذوي الإعاقة في الشريعة الإسلامية والقانون الوضعي الفلسطيني (محافظة نابلس نموذجا _ دراسة تحليلية مقارنة)

Date
2013-06-05
Authors
أحمد سليمان محمد ضميدي
Ahmed AL-Domide
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Al-Quds University
Abstract
The study discussed the caring the of disabled according to the Islamic Shareea and Palestinian Law. The researcher has indentified the concept of the disability linguistically and technically and how this meaning developed through history. The researcher also talks about the types of the disability and the position of the disabled in Quran and Suna, and according to the Caliphs and scientists. He also affirmed the importance of taking care of disabled in Islam through religious texts and historical evidences. It also included a group of Palestinian law materials. The researcher didn’t ignore the practical side of the study through indentifying many Palestinian institutions that take care of the disabled in Nablus Governorate through an explanatory questionnaire . The importance of this study lies in how it focuses objectively and scientifically on how Islamic and Palestinian law take care of the disabled through considering Shareea’ and its interpretations in addition to considering how good or bad the application of these official and civil institutions of the Palestinian law and Islam. The researcher depended on the prescription and analytical method in his study which fits in with the theme of the study and its objectives through religious evidences which affirms the right of the disabled in care and interest. The study’s problem lies in the presence of a big difference between the Islamic instructions and Palestinian materials law on one side, and between the healthy people's behavior with the disabled on the other side . The researcher has concluded that the Islam and the Palestinian Law have offered the disabled everything they need such as health safety , labor and care in all fields-despite the bad application sometimes, and the Palestinian Law is still in need of some amendments such as penal provisions while Islamic Sharrea’ included worldly and after death punishments. The researcher’s recommends that there is a necessity for forming the National Council for the disabled affairs, and the disabled parents are to be taught that the disability is a matter of God’ will. And the concerned establishments and the organizations must offer help, advice and educating programs to the disabled and their families and provide them with amenities which reduce their suffering.
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