The effectiveness of civil protection for dead bodies (a study within the framework of civil law)

Abstract

It is known that a person’s natural life begins with his being born alive, and ends, in fact or by definition, and because of human nature and the religious teachings in our Islamic religion require that the deceased be transported to his final resting place by burying him if his body is available, and given that human nature and the law of God’s creation in worship require that he be A person is a body without a soul after his death That is, he becomes unable to repel any attack that befalls him, which requires the availability of legal protection for these corpses from exhumation, desecration, mutilation, re-exhuming graves, and trading in the removal of human organs. The main problem of the subject of the research is the extent of the effectiveness of the rules of civil liability in protecting the owner of the corpse and his family. Of the material and moral damages that may be caused to them as a result of exhuming graves, as well as explaining and identifying the perpetrator of the harm and who is responsible for compensation, as well as specifying the type of this responsibility in the context of crimes that have become a dangerous phenomenon to society, whether exhuming graves to isolate bodies for the purposes of unauthorized scientific studies. From the competent departments, or for the purposes of mutilation and mutilation, or for practicing witchcraft and sorcery, or for the purpose of extracting human organs.