Islamic medical jurisprudence part II: the responses of Islamic law to medical dilemmas

ABSTRACT

Judicial decisions [Fatawa] of some of the most learned juridical authorities in the Imamate [Shiite] community [maraja' al-taqlid] of present time on medical issues are examined in this paper. They will provide the reader with the responses of the Islamic jurisprudence to the most involved medical dilemmas. The paper mainly focuses on the rational viewpoints of the Islamic law on permission of family planning and birth control, strict ban of abortion especially when the embryo is four months and above in normal conditions, and legitimacy of artificial insemination by the husband- Judicial prescription of cadaver and organ donation and transplantation are also discussed in some detail. The religious rite of circumcision and its impact on the health of man is duly elaborated and the principles of medical examination explained. The principle of priority of saving human life prevails all forbidden rulings set out for observing human sanctity in ordinary cases. Also, the principle of necessity when no definitive ruling is available on a given issue, has been an important source for religious prescription in all matters pertaining to the welfare of the Muslim society