Unit one

Introduction to Medical Jurisprudence

1- The meaning of Medical Jurisprudence.

2- Importance of Medicine in Islamic History.
3- Ruling on learning Medicine.
4- Objectives of learning Medical Jurisprudence.

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 1- What is meant by medical jurisprudence?
Allah sent His prophet Muhammad (peace be upon him) with the
best of revelations, a complete and comprehensive legislation
guiding all human endeavors. Amongst the clearest matters
encompassed by Islamic jurisprudence is the medical field.
Definition of terms:
Fiqh linguistically: comprehension, understanding.
Fiqh technically: knowledge of the legislative rulings derived
from its detailed textual material(Quran + Sunnah)
Medicine linguistically: treatment of body and soul.
Medicine technically: the science or practice of the diagnosis,
treatment, and prevention of disease.
Medical Jurisprudence: Islamic moral principles that govern the
practice of medicine.
2- Medicine in Islamic history:
Medicine was given extreme importance during the rise of
Islamic civilization. It was encouraged, supported and further
endorsed by Islamic rulers of different eras. This is manifested in
the following:
 Learning and teaching medicine.
 Establishing schools providing medical education.
 Utilizing knowledge of earlier nations.
 Advancing the science of medicine in manifolds.
Important Muslim achievements in medicine:

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  Muslims were the first to codify laws for practicing
medicine.
 Systematic tests to prove competency of students of
medicine.
 The appearance of the greatest Muslim physician, Abu Al Qasim A
Zahrawi. (Abulcasis).
 Muslim physicians were the first to invent surgical threads,
invented by A’Razi.
 Muslim physicians were the first to discover the Pulmonary
Circulation by Ibnu A’nafees.
 Muslims were the first to establish hospitals, providing
patients new cloths, sufficient funds for their families while
hospitalized.
 Books authored by Muslim physicians that remained as text
material for medicine students in Europe until recently, like
Al Qanoon for Ibn Sina, and Al Hawi for A’Razi.
 Muslim physicians like Abu Al Qasim A
Zahrawi.(Abulcasis). invented surgical tools.
 Muslim physicians were the first to establish fundamentals
of surgery, the only medical institutions that accredited
surgeons were in Al Andalusia.
3- The ruling on learning Medicine:
In all times and places medicine is a necessity, from this
perspective Islamically it is considered a collective duty upon
Muslims to learn the sciences of medicine, so that they suffice the
ummah in its need for medicine.
 What do we mean by collective duty?

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Imam A’shafi’I said: “I do not know a of a science greater in
virtue after the knowledge of Halal and Haram, then medicine.”
 Evidence proving incumbency upon Muslims to learn the
science of medicine:
 Amongst the five matters that revelation has come to
preserve are (self and intellect). Through the science of
medicine, this can be achieved.
 The prophet commanded some Bedouins to make use of
healing aspects of medicine, when they came to the prophet
(peace be upon him) said oh Messenger of Allah should we
make use of medicine , the prophet said: “Yes, make use of
medicine , for indeed Allah has not sent down an ailment ,
save that He has sent its cure, except for one ailment, they
asked what that was , he said (old age)”
 He himself the prophet (peace be upon him) made use of
medicine available to him.
 Physicians were brought to him (peace be upon him), to his
companions when needed.
 If learning plumbing, sowing, and other professions is
considered a collective duty upon Muslims to provide these
services for the Ummah, then medicine indeed is a higher
priority.
4- Objectives of learning Medical jurisprudence:
The text at hand aims to provide those working in the field of
medicine or studying to enter the medical field (physicians,
nurses, technicians, etc.) or even the general reader, with the
following goals:

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 Providing solutions for newly accruing medical problems,
enabling medical personal to apply Islamic understanding
properly according to cre ruling ed and regulations of
sharia’.
 Clarifying Islamic regarding learning medicine, working
physicians find themselves facing many situations that
require application of Islamic guidance. For this reason, a
Muslim physician must know these rulings, that they will not
fall in negligence of their faith.
 Comprehensiveness of Islamic law. Its applicability to all
times and places.
 Medical jurisprudence is an integral part of the general
umbrella of Islamic Jurisprudence, by learning it on is
learning their deen, the prophet said (peace be upon him)
“whoever Allah wants good for them, then they will be
guided to learn their deen”.
 Learning medical jurisprudence might serve to guide the
physician in the field of medicine they might embark upon.

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 Unit two

Maqasid A shrai’a
Major/Higher aims of Sharia’

1- Preservation of Faith
2- Preservation of Self/Soul
3- Preservation of Intellect/Mind
4- Preservation of Lineage/Offspring
5- Preservation of Wealth/Possessions

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Major/Higher aims of Sharia’: Maqasid A shrai’a
The agreed upon matters that the Sharia’ has confirmed its
preservation is are five:
Preservation of (Faith, Wealth, Lineage, reputation, and self).
1- Preser accruing vation of Faith: this is the most important
of the fi group, the reason being without faith all a other
matters are insignificant, this is also the reason behind Islam
setting clear boundaries against any attempt to harm faith on
an individual level or a collective level.
The means to achieving preservation of Faith/Religion:
 Condemning associationism (shirk) in all its types, Allah
commanded to worship Him alone and shun any
associationism whatsoever.
 Enjoining what is good and forbidding what is bad.
 Allah has prescribed faith upon believers, and action
accordingly, further to invite and call to this faith. (Say
O’Muhammd , this is my way I call to the way of Allah ..).
Relevance of preservation of faith with Medicine:
 Medicine contributes in providing the believer with both a
healthy body and mind.
 The main acts of worship depend on a healthy body and
mind, like prayer, fasting pilgrimage etc.
 Knowing the prohibition of magic and sorcery to avoid their
use in healing process or using them as a means medicine,

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 while realizing that they are means of associationism with
Allah.
2- Preservation of Self/Soul: Islam has legislated laws to
ensure the preservation of self, deterring those who might
attempt to harm others by either taking another life or
harming them in other ways.
Means of achieving preservation of the Self/Soul:
 Prohibiting any attempt against a human’s life or harming
any part of another human.
 Retribution is part of the preservation of self, also the
payment of (diyah) if the harm was unintended.
 Islam has prohibited suicide, in the same sense, one’s life
cannot be taken even with their consent, or the taking of parts
of their body, these are matters entrusted from Allah to each
human.
 Islam has ensured the preservation of self to extent of
protecting the infant in its mother’s womb.
 Prohibition of abortion.
 Not to wish for death. The prophet said (peace be upon him)
“do not wish for death because of a calamity that has befallen
you”.
 Islam has prompted to save human life from any danger. The
preservation of one life is of the likes of preserving all of
humanity.
 Prohibition of mutilating bodies in Islam.
 Permission to consume unlawful matters when necessary for
preserving life.

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Preservation of self and its relevance to Medicine:
 Islam has prescribed the care of body and intellect, because
it is a means of preserving the rest of the five.
 Measures of medical checkup prior to marriage.
3- Preservation of Intellect/Mind: Intellect is the essence of
responsibility to adhering to the revelation, for this reason,
the intellect has been preserved so that it wouldn’t be altered
in anyway. Amongst the things Islam has made prohibited to
preserve the intellect:
 Allah has prohibited all intoxicants and has appointed a
punishment to deter people from consuming it. This is to
ensure the preservation of the intellect.
 On the same note, the Sharia’ has deemed the drugs and
narcotics as prohibited.
 Protection of the intellect from harm inflicted by others.
Medicine holds an important place in preserving the intellect and
body, as it is a means of preserving the psyche known in medicine
as the science psychology.
4- Preservation of Lineage/Offspring: the prophet stated
clearly the preservation of family in his final sermon, the
prophet said:
“Verily your blood, your property are as sacred and inviolable as
the sacredness of this day of yours, in this month of yours, in this
town of yours. Behold! Everything pertaining to the Days of
Ignorance is under my feet completely abolished”. (Muslim)

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Means of preserving lineage:
 Prohibition of adultery/fornication, and homosexuality.
 Prohibition of slandering reputation.
 Prohibition of male treating females, or females treating
males, unless it is a necessity.
 Prohibition of being in private seclusion (doctors/nurses),
unless it is a necessity.
Means of preserving offspring:
 Prohibition of infanticide.
 Prohibition of abortion.
 Abortion of reproductive capacity is prohibited.
 Healthcare of infants and children through their infancy
childhood.
5- Preservation of Wealth/Possessions:
 Encouraging gaining provision. (provisions of the land)
 Permitting healthy financial transactions.
Means of preserving Wealth/Possessions:
 Governing the monetary transactions within what is lawful
and constructive. (prohibition of Riba/gambling).
 Prohibition of transgressing against others possessions.
(punishment of theft).
 Prohibition of spending wealth in ways unlawful, wealth is
an entrustment. (Israf, Tabtheer).
 Managing financial transactions within acceptance between
parties involved.

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Preservation of Wealth/Possessions and its relevance to
medicine:
 Sufficient funds provided for medical workers.
 Not to overburden the ill with high costs.
 Consciousness of Allah (Taqwa) in their loyalty to treatment
of patients, far from scams of pharmaceutical/medical
companies who prey on the weak. (Gifts, special treatment
given to doctors to gain their support).

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 Unit Three

Jurisprudence Maxims/Principles
Its most important applications

1- A’Dhararu Yuzal (Harm must be eliminated/removed).

2- A’Dhararu Yudfa’ bi Qadr Al Imkan (Harm should be
avoided as much as possible).
3- Adhararu La Yuazl Bi Mithlih (Harm should not be
overruled by another harm or by the same harm).
4- Adhararu Al Ashad Yuzal Bi Adharar Al Akhaf (Severe
harm is removed by lesser harm).
5- Dar’a Al Mafasid Muqadam A’la Jalb Al Masalih
(Avoiding detriment takes precedence over bringing
about benefit).
6- A’Dharurat Tubeeh Al Muharamat (Necessities permit
the prohibited).

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 7- A’Dharoorah Tuqadar Bi Qadriha (Necessities have limits
that should not be exceeded).

1- Lexical Meaning:
Lexically, Qawai’dh is the plural form of the word Qa’idhah,
which has many lexical meanings in Arabic, denoting foundation,
stability, firmness.
2- Technical meaning of Qai’dah:
“a comprehensive principle or law that is applicable to all of its
particulars”. for instance: (Al Umoor Bi Maqasidihah) Acts are
judged by the intention behind them or take the will for the deed.

As a term, the word:

Qa’idhah is synonymous with the terms of base, principle, maxim
and the like, and is used as such in different contexts, religious,
philosophical, political or legal.

Benefits of learning Legal Maxims in Medicine:

 Knowing the particulars by returning to the all-inclusive
rule.

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  Studying the particulars of an issue without returning to its
foundation, might result in faulty conclusions.
 Establishing a bird’s eye view on jurisprudence issues, and
the ability to return matters to the essential legal maxim.
 Knowing these legal maxims, one can compare between
schools of jurisprudence.
 Islam’s legal system has comprehended issues related to all
walks of life, especially medicine, ensuring obligations and
rights of both doctors and patients, proving Islam is
applicable at all times and all places.

1- A’Dhararu Yuzal (Harm must be eliminated/removed):

This legal maxim states, the obligation towards any harm is its
removal, rectifying any remnants of that harm.

Relevance of this legal maxim to medicine:

 Legal obligation of treating the ill, illness is harm and should
be removed/cured.
 Reattachment of body parts.
 Conducting operations for correcting sex of a
hermaphrodite.
 Blood transfusions.
 Skin/Bone graphic.
 Organ transplants.

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  Artificial organ transplants.

2- A’Dhararu Yudfa’ bi Qadr Al Imkan (Harm should be

avoided as much as possible):
This legal maxim states, the obligation towards preventing harm
entirely when possible, “prevention is better then cure”.
Relevance of this legal maxim to medicine:
 Preventive medicine is encouraged, because it prevents harm
before it happens.
 Vaccinations.
 Medical quarantines. Allah's Messenger (may peace be upon
him) said: «Plague is calamity which was sent to the people
of Israel. If you hear of the presence of plague in a land, do
not enter it, but if it spreads in the land where you are, do not
fly from it. » Bukhary and Muslim agreed upon it. It is
correct.
 Dry ablution for those who are ill.
 Disposing of medical waste.
 Caesarean delivery.
 Medical Anesthesia.

3- Adhararu La Yuazl Bi Mithlih (Harm should not be

overruled by another harm or by the same harm):

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This legal maxim states, the obligation is removing the harm,
however not if it causes harm similar to it, not greater then it. This
legal maxim is like a fine tuning for the earlier maxim.

Relevance of this legal maxim to medicine:

 Prohibition of prescribing medicine harmful to the patient,
equal in harm or greater.
 Prohibition of removing medical devices to give to another
patient while both are in need.
 Prohibition of donating body parts if it harms them.
 Prohibition of conducting medical operations if the outcome
might be harmful or hazardous to the patient (death, loss of
senses, body parts).
 Prohibition of donating blood if it might cause harm to the
donator.

4- Adhararu Al Ashad Yuzal Bi Adharar Al Akhaf (Severe

harm is removed by lesser harm):
This legal maxim states, the obligation towards the choice
between two harms one is greater then the other, the lesser is taken
to avoid the greater harm.

Relevance of this legal maxim to medicine:

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  Permission to perform a medical operation that might cause
harm, however not performing the operation might result in
a greater more hazardous harm.
 Women are allowed to take pregnancy pills, if pregnancy
poses a danger to their health, even if these pills might cause
a lesser harm.
 Surgical operation removing the fetus, if the life of the baby
is in danger and can’t be saved otherwise.
 The same with natural birth in contrast with Caesarean
delivery.
 Permission performing skin graphic operations caused by
burns, skin from the patient, or from others, or even artificial.

5- Dar’a Al Mafasid Muqadam A’la Jalb Al Masalih

(Avoiding detriment takes precedence over bringing
about benefit):

This legal maxim states, the obligation if a harm and a benefit

are equal in some cases, then avoiding detriment/harm is given
precedence.

Relevance of this legal maxim to medicine:

 Prohibition of (Khalwah). Between doctors/nurses there is
an apparent benefit in them being in concealment, however

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 the greater harm is what the prophet (Peace upon him) has
warned against.
 Prohibition of using unlawful means for treatment.
 Legal obligation preventing unqualified doctors from
practicing medicine.
 artificial insemination, if from spouses.
 Preventing medical operations with little success expected.
 Prohibition of Tactical transplants. (preservation of
lineage).

6- A’Dharurat Tubeeh Al Muharamat (Necessities permit

the prohibited):

This legal maxim states, things unlawful become lawful, when

one of the five higher aims of sharia is at risk.

Conditions to this legal maxim:

a- Clear apparent risk of the one five higher objectives
revelations have come to preserve.
b- The necessity is immediate.
c- No other solution to prevent or avoid risk or harm.
d- Not exceeding the necessary portion.
e- That it doesn’t cause harm to others.
f- Prescription is issued by a trusted doctor.
g- The procedure in general doesn’t infiltrate the Aqeedah,
Trust, and greater welfare of the Ummah.
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Relevance of this legal maxim to medicine:
 Permission to treat with medicine containing little
percentage of alcohol, if it is necessary.
 Permission to buy blood if necessary, blameworthiness is on
the seller.
 Permission to uncover private parts for necessary cases.
 Permission to use a Medical Anesthesia in operations.

7- A’Dharoorah Tuqadar Bi Qadriha (Necessities have

limits that should not be exceeded):
This legal maxim perfects the former, unlawful matters permitted
in times of need doesn’t mean unlimited permission. The portion
required to preserve what is at risk is what is permitted.

Examples for this legal maxim:

a- Doctors mustn’t look at patients’ private parts, except to the
extent needed.
b- Caesarean section (C-section), incision should be limited
what is sufficient.
c- Medical Anesthesia.
d- Medical casts shouldn’t exceed the parts needed.
e- Amputations.

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 Unit Four

1- Rulings on seeking cure.

2- Rulings on learning and applying medical surgery.
3- Medical Anesthesia.
4- Rulings related to contagious diseases.

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 5- Practicing Medicine/Gender differences.
6- Rulings related to uncovering private parts.

1- Ruling on seeking cure:

Essentially it is part of Islamic legal system to seek remedies for
ailments. However, different rulings of jurisprudence are applied
when considered in detail:
Mandatory: when life or great risk is involved.
Encouraged: if not seeking knowledge might cause weakness.
Permissible: when both the above aren’t present.
Disliked: if it might lead to side effects.

Textual evidence: Prophet said (peace be upon him) “Allah

has deemed a cure for every illness”.
Prophets actions: Prophet was known to do Hijammah
(Cupping).

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Situation:
If there are many who are need of a specific organ or medicine,
yet it is limited, how is this situation solved and who deciphers
on who receives the medicine?
- Who benefits more?
- If they are equal in benefit, then the first to come. Prophet
said (peace be upon him) “whoever beats to a matter then
they are more rightful to it”.
- If they are equal in both, then straws are drawn.

2- Ruling on learning and applying medical surgery:

Collective duty
Types of surgery in relevance to the rulings:
- Necessary surgery: saving a life, a limb ...etc.
- Needed surgery: eye surgery, removing pain ...etc.
- Neither of the above: cleaning small scares, removing
tissue…etc.
For example:
*surgery for diagnosis.
*caesarean/cesarean.
*circumcision surgery.
*Anatomy. (learning purposes, investigation, saving infant)
{‫}ما ال يتم الواجب إال به فهو واجب‬
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Conditions of performing medical surgeries:
- Patient is in need of surgery.
- Permitted (lawful) surgery.
- Patient/guardian gives consent.
- Competent doctors/medical team.
- Overall (assessment) success of surgery.
- It results in the aimed benefit (saving a life, limb…etc.).
- It doesn’t result in greater harm.

Medical Decorum/comportment of performing surgeries:

- truthfulness/trustworthiness.
- Respecting appointments.
- Loyalty to contacts.
- Sincere advice to patients.
- Sincerity and perfection.
- Consulting others in the profession.
- Vigilant of respecting private parts of patients.
- Confidentiality of profession.
- Following laws of the land.

Medical Anesthesia: (Medical Surgeries)

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Normally depriving a person of their intellectual capacities, is
prohibited in Islam. However, when it involves medical
situations it’s made lawful.
Types of Anesthesia:
- General
- Spinal

3- Rulings related to contagious diseases:

Normally it is required to take patients consent for treatment,
however in regards to contagious diseases, that is not necessary.
It is mandatory to treat such ailments, because of fear of its
massive effect if gone untreated.
Means of combatting contagious diseases:
- Vaccinations
- Quarantines.
‫تر ُجوا‬ ُ ‫تخ‬ْ ‫ض َوأ َ ْنت ُ ْم ِفي َها فَال‬
ٍ ‫ َو ِإذَا َوقَ َع ِبأ َ ْر‬،‫ض فَال ت َ ْقدَ ُموا َعلَ ْي ِه‬
ٍ ‫ون بِأ َ ْر‬
ِ ‫ع‬ َّ ‫س ِم ْعت ُ ْم ِب‬
ُ ‫الطا‬ َ ‫ِإذَا‬
ُ‫ارا ِم ْنه‬ً ‫فِ َر‬

4- Practicing medicine gender differences:

Basic Ruling; it is prohibited, however; when necessary it is
permissible for male/female doctors to treat opposite gender.
Directly observe or uncover parts necessary.
Remember the legal maxim, (Necessities permit prohibitions)

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This is a consensus amongst scholars of Sharia.

Conditions for male doctors to treat females:

- No female doctors available.

- Patient is in a state of need of treatment.
- Muslim doctor, unless not available.
- Doctor will not be tempted.
- Presence of a third party.
- Uncovering only what is required for the situation.

Conditions for female doctors to treat males:

The same applies, prohibition unless it is necessary.
Women were known to nurse and treat men in battle fields.
There is a consensus on this issue also.

5- Rulings related to uncovering private parts:

‫ وأما إذا خَال األجنبي باألجنبية من غير ثالث معهما فهو حرام باتفاق العلماء‬:‫قال النووي‬

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Unit five

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 1- Rulings on medicines pertaining to prohibited substance.
2- Medicine containing alcohol.
3- Medicine containing prohibited narcotics.
4- Medicine containing Gelatin.
5- Non-consumable Parts taken from prohibited animals meats.

1- Rulings on medicines pertaining to prohibited substance:

What do we mean by prohibited substances?
Anything used in medicine which is deemed Islamically as unclean,
toxic harmful.
Prophet Muhammad (peace be pon him) said: “Indeed Allah Most High
has not placed cure in that which He has made unlawful for you”.
Abu al-Darda (Allah be pleased with him) narrates that the Messenger of
Allah (Allah bless him & give him peace) said: “Indeed Allah has sent
down both illness and it’s cure, and He has appointed a cure for every
illness, so treat yourselves medically, but use nothing unlawful.”

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Textual evidence:
Quran: )And why should you not eat of that upon which the name of
Allah has been mentioned while He has explained in detail to you
what He has forbidden you, excepting that to which you are
compelled)(119-Al An’am).
Sunnah: Hadith of al-Urayniyyin (where the Messenger of Allah
(Allah bless him & give him peace) gave permission for some members
of the tribe of Urayna to drink the urine of camels as medication).

*Conjoining between textual material.

The texts are held as evidence for prohibition of using such substances
generally, however when a necessary situation is at hand, then the ruling
changes to fit the need. Islam is practical in the sense that it doesn’t over
burden believers in the path of following the commands of Allah.

2- Medicine containing alcohol:

It is prohibited to use pure alcohol (intoxicants) as medicine, for the
clear proof and guidance given on this matter.
Tariq ibn Suwayd or Suwayd ibn Tariq asked the Messenger of Allah
(Allah bless him & give him peace) regarding wine, but he forbade it.
He again asked him, but he forbade him. He said to him: “O
Messenger of Allah! It is a medicine”. The Messenger of Allah (Allah
bless him & give him peace) said: “No it is an illness.” (Sunan Abu
Dawud, no: 3869)
However, medicine containing small percentages of alcohol in them are
a different situation. The reason being, is the alcohol is mixed with other
fluids in the process that it changes the characteristics of its substance. In
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this case it doesn’t cause intoxication of the mind, and the (I’llah) reason
behind its prohibition is its intoxicating effect.
Conditions of using medicine containing minimum percentage of
alcohol:
- No other substitute is available.
- A Muslim doctor prescribed it, or was consulted.
- The amount used is minimum and doesn’t cause intoxication.

Islamic Fiqh Council of the Muslim World League (MWL) issued:

1. Using pure alcohol in treatment is not allowed in any case, because
The Prophet (PBUH) said: (Allah didn't put your treatment in what
he prohibited you) Sahih Bukhari, and The Prophet (PBUH) said:
(Allah created medicine for every disease so you have to get
treatment, and don't use haraam (things) in treatment) Ibn Dauood
in his sunan, and Ibn Assuni, and Abu Na'im. And he (The
Prophet) told Tariq bin Swaid when he asked him about using
alcohol in treatment: (It's not a treatment, but a disease) Ibn Majah
in his sunan, and Aub Na'im.
2. It's allowed to use in treatment medicine that contains percentage
of alcohol that dissolve and are important for the medical industry
and have no replacement. Under the prescription of an upright
doctor. It's also allowed to use alcohol as an outside antiseptic for
wounds, and germs killer, and in (outer) creams.
3. The Islamic Fiqh Council recommends medical industry
companies and pharmacists in Islamic countries, and medicine
importers, to make the best they can to exclude alcohol from
medicine and alcohol containing medicine, and use alternative
medicine.

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 4. The Council also recommends doctors to avoid prescribing
alcohol-containing medicine.

Conclusion: it is permissible to use medicine containing small

percentages of alcohol when necessary.

3- Medicine containing prohibited narcotics:

Fatwa by the permanent committee:

With regard to the ruling on using medicines that contain narcotics, the
basic principle is that they are not allowed and they are haraam. But if it
is used for medical purposes and there are no permissible medications
that could be used instead, then in that case it is permissible to use them,
subject to certain conditions:
1.That the patient’s need for this medication is a case of necessity or
urgent need
2.That a trustworthy Muslim doctor should testify that this narcotic
medication is beneficial for the patient
3.That use of the medication should be limited to that which will meet
the need
4.That this medication should not cause the patient greater harm than or
harm equal to the harm because of which he is using it.
Conclusion: if the medicine containing such substances has no
substitute, then the use of such medicine is permitted.

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(..He has explained in detail to you what He has forbidden you,
excepting that to which you are compelled)(119-Al An’am).

4- Medicine containing Gelatin:

Gelatin or gelatine is a translucent, colorless, brittle, flavorless food
ingredient that is derived from collagen obtained from various animal
body parts.
Ruling concerning gelatin use in medicine:
If the gelatin is derived from lawful animals slaughtered according to
sharia’ah rulings, then it is lawful and permitted in any form.
However, if extracted from unlawful animals such as pigs or (maytah)
animals not slaughtered according to shariah teachings, then it is
prohibited.

Textual evidence:
Prophet Muhammad (peace be pon him) said: “Indeed Allah Most High
has not placed cure in that which He has made unlawful for you”.

Internal uses:
Insulin containing pig gelatin, the majority of scholars are of the opinion
of its prohibition, unless there is a necessity governed by the conditions
applied:
- No other substitute is available.
- A Muslim doctor prescribed it, or was consulted.
- Necessity.

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Today medicine has reached the capacity of manufacturing insulin, so
this might be a passing matter in the near future.

*Capsules using elements from such sources.

Characteristics have been altered to an extent that it has changed
the components.
If the alteration is partial, and the components or characteristics
remain even partially, then it is given the general ruling.

External uses:
Jurists have differed on the matter of external uses, like creams and
other matters.
The preponderant position is it is lawful on the condition that its
characteristics have been completely altered.
*when it is possible to avoid such products its best.
5- Non-consumable Parts taken from prohibited animals:

Again, the general rule is prohibition in these cases, unless there

is a clear necessity:
- Necessity
- Use is limited to need
- No substitute
- A Muslim physician prescribes or is consulted

For instance:

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*Use of Heparin in medicines: Heparin is used to prevent blood clots
from forming in people who have certain medical conditions or who
are undergoing certain medical procedures that increase the chance
that clots will form.

Unit Six

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 1- Meaning of Informed consent.
2- Importance of Informed consent.
3- Legal ruling on Informed consent.
4- Situations when Informed consent is dismissed.
5- Conditions of Informed consent.
6- Expiration of Informed consent.

1- Meaning of Informed consent:

Permission given by the patient or guardian for medical procedures to be
carried out.

2- Importance of Informed consent:

Permission is a legal requirement by Islamic law, if consent isn’t given,
then the practitioner is held responsible and ensures damages/harm.
Medical care is ruled as (Mubah) permissible by Islamic legal stance
when consent is provided, however if consent isn’t given, then
permissibility is denied.

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 3- Legal ruling on Informed consent:
It is incumbent upon medical practitioners to obtain consent before
conducting any medical procedure.
Evidence: Al Abas the prophets (peace be upon him) uncle didn’t give
permission so the prophet excluded him, the man who offered the
prophet his medical services and the prophet refused and explained to
the man what he was unaware of.
If the patient openly refuses treatment, in this case it is illegal for
medical practitioners to treat such a patient. If the practitioner carries out
medical procedures, in such cases legal ramifications are applied.

- Forced/coerced medical consent has no validity, like forcing

prisoners to receive medical treatment by threatening them.
- Bribes for medical consent is also considered an invalid form of
permission. (exploiting the poor, homeless, unfortunate).

 With the above said: it is prompted in Islamic law for those who
need medical treatment to give their consent to those who are
competent in medicine. “Hadeeth of the prophet (peace be upon
him) Allah hasn’t sent a disease save that He has sent its cure”
The general ruling in relevance to the patient, they are encouraged by
Islamic law to seek treatment and give consent when needed.

4- Situations when Informed consent is dismissed or not

required:

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There are some situations where consent isn’t required or difficult to
obtain by either the patient or their guardian, so it is dismissed. These
cases are:
- If it involved the general benefit of the community at large, like
contagious diseases.
- Emergency cases, when the patient’s life is at risk or the loss of a
limb and a quick decision is required to made be the physician or
treating doctor. (unconsciousness, psychologically unable to make
a decision, Appendicitis). Legal maxim is applied (Harm is
removed).
- General procedures: for example, mass vaccinations done in school
districts for students.

5- Conditions of Informed consent:

- Consent is issued by the one who has the right to it.

- Consent is issued by a sane adult.
- No coercion is practiced. Prophet (peace be upon him ) said; “My
Ummah is not held accountable for what they forget, or what
they were coerced with”.
- The treatment given consent upon is lawful, if unlawful then
consent is useless. (cosmetics related to change of the creation of
Allaah).
- Consent is issued with full awareness of the entire medical
procedure to be carried out. (thorough explanation).
 In cases of surgery, two additional conditions are stipulated:
- Consent to conduct medical surgery is included in the general
consent form.

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 - Specific statement stating permission to carry out a needed medical
surgery.

6- Expiration of Informed consent:

- If consent is outdated. (requires a new consent form).
- If patient recovers.
- Death.
- If patient/guardian who gave their consent becomes insane.

Issued by the International committee for medical Jurisprudence.

Unit Seven

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 1- Islam’s position on medical confidentiality/privacy.
2- Situations of confidentiality and its rulings.

1- Islam’s position on medical confidentiality/privacy:

Medical doctors are trusted by the public, patients normally inform
doctors of matters they wouldn’t inform the closest people to them.
Confidentiality. Confidentiality is one of the core duties of medical
practice. It requires health care providers to keep a patient's personal
health information private unless consent to release the information is
provided by the patient.

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*Islam’s position on confidentiality towards others private affairs is
strict. However, when it deals with medical treatment the legal ruling is
clear.
*Scholars have stated clearly that it reaches the level of prohibition if the
information causes harm to the person.

Evidence: (O you who have believed, do not betray Allah and the
Messenger or betray your trusts while you know [the consequence]).
Chapter Al Anfal, 27

Ruling: prophet ruled it to be an (Amanah).

2- Situations of confidentiality and its rulings:

- Confession of a crime while someone else has been accused of
perpetuating the criminal act. Prophet said “Should I not tell you
the best of witnesses, those who give their testimony before they
are asked”.
- Marriage checkups.
- Contagious disease and the patient refuses treatment.

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