Islamic medical jurisprudence part I: general aspects and principles

ABSTRACT

Islamic medical jurisprudence, which is the subject concerned with the application of Islamic laws to the area of medicine, has never been discussed as an independent field of jurisprudence, although several selected topics, especially those concerning food and beverages, sexuality, death, wounds and injuries, and doctor-patient relations have been more discussed than others. The results of an investigation on the Islamic medical jurisprudence characterized on the basis of practicing Ijtihad are presented. A survey on the Imamate [Shiite] jurisprudence was conducted through the works of prominent Shiite jurists from 4th- 10th century to the present time. The concept and methodology of practising Ijtihad is clarified and the authoritative sources of the Islamic law The Qur'an, the Sunna, the Ijma' [consensus], and the' Aql [reasoning] are discussed. The paper further highlights the value of human life in Islam holding reference to the topics discussed in the Imamate works which proves the existence of a body of medical jurisprudence that enjoys comprehensiveness, penetration, and flexibility. In addition, the specifications of the Islamic medical jurisprudence characterized by the organic connection between the reasoning and divine law, negation of foreign dominance, observation of public benefit, actualization of public responsibility, existence of flexible overriding rules, and the discretionary authority of the jurist are elaborated. The Shiite jurists'views to medical issues prove that pragmatism prevails and the aim is to seek a compromise between Islamic heritage and the achievements of modern medicine, as long as basic Islamic dogma is not violated