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International Organizing Committee: § Prof. Berna Arda (Ankara University, Turkey) § Prof. Jonathan Brockopp (Pennsylvania State University, USA) § Prof. Amnon Carmi (University of Haifa, Israel) § Prof. Agostino Cilardo (University of... more
International Organizing Committee: § Prof. Berna Arda (Ankara University, Turkey) § Prof. Jonathan Brockopp (Pennsylvania State University, USA) § Prof. Amnon Carmi (University of Haifa, Israel) § Prof. Agostino Cilardo (University of Naples, Italy) § Prof. Ersilia Francesca (University of Naples, Italy) § Prof. Nouzha Guessous-Idrissi (Faculty of Medicine, Hassan II University Casablanca, Morocco) § Prof. Farhat Moazam (Chair, Center of Biomedical Ethics and Culture SIUT, Karachi, Pakistan) § Prof. Ahmed Okasha (Director, Institute of Psychiatry Ain Shams University, Egypt) § Prof. Vardit Rispler-Chaim (University of Haifa, Israel).
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Selecting the sex of a fetus has been a desire of parents in many different cultures. Modern Muslim religious scholars have identified advantages and disadvantages of this practice, permitting it in certain cases while forbidding it in... more
Selecting the sex of a fetus has been a desire of parents in many different cultures. Modern Muslim religious scholars have identified advantages and disadvantages of this practice, permitting it in certain cases while forbidding it in others. In general, they do not appear to desire that selection of sex become a common practice, yet they are willing to allow it for personal reasons. This case-by-case approach exemplifies a key aspect of Muslim ethical discourse. After an overview of justifications for fetal sex selection in different cultures, I turn to a discussion of authoritative Islamic sources. I then analyze the reasoning of several modern authorities who deal with the issue. In the absence of a clear religious text on the subject, scholars seem inclined to legitimize sex selection, and in so doing they appear strongly influenced by social attitudes. ALTHOUGH EXPECTANT PARENTS OFTEN SAY that all they wish for is the birth of a healthy child, no matter whether a boy or a girl...
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Page 1. Page 2. DISABILITY IN ISLAMIC LAW Page 3. INTERNATIONAL LIBRARY OF ETHICS, LAW, AND THE NEW MEDICINE Founding Editors DAVID C. THOMASMA DAVID N. WEISSTUB, Université de Montréal, Canada ...
Classical Islamic marriage and divorce laws focus on both spouses’ ability to perform sexually. In fiqh texts, sexual disability is considered a serious medical condition. The fiqh literature lists certain sexual disabilities unique to... more
Classical Islamic marriage and divorce laws focus on both spouses’ ability to perform sexually. In fiqh texts, sexual disability is considered a serious medical condition. The fiqh literature lists certain sexual disabilities unique to men, unique to women, or shared by both sexes. Infertility (ʿuqm) is not found in any of these early fiqh lists, although we have proof in various Islamic religious texts that fertility and procreation have always been highly valued in society. In contemporary fatwas (from the Sunni world), the picture appears reversed, as fertility is given priority over sexual performance. In this paper, I illustrate this shift in attitude between the classical legal texts and contemporary fatwas. Then, I offer possible explanations for it. Among the main motivations suggested for the change are feminist Muslim writings, a growing awareness of human rights in the Islamic world, advanced medical technology, and economic factors.
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Zak?t is considered the earliest social solidarity system that does not depend on voluntary charity but on orderly periodic government support. In this article I trace interpretations of the zak?t laws on people with disabilities in the... more
Zak?t is considered the earliest social solidarity system that does not depend on voluntary charity but on orderly periodic government support. In this article I trace interpretations of the zak?t laws on people with disabilities in the past and the present in respect of two main questions: is a disabled person subject to zak?t taxation? and does a disabled person qualify as a beneficiary of funds collected through the zak?t taxation? The main conclusions are that if and when the economic situation of people with disabilities is similar to that of the healthy, they are subject to taxation. People with disabilities become beneficiaries of zak?t funds only when they are “poor,” “needy,” and unable to support themselves, but never only because of the disability.
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In the last few decades surgeons have been able to perform an operation that repairs a torn hymen, and thus allows young women and girls whose hymen is not intact to reappear as virgins. Most of the ethical issues related to hymen repair... more
In the last few decades surgeons have been able to perform an operation that repairs a torn hymen, and thus allows young women and girls whose hymen is not intact to reappear as virgins. Most of the ethical issues related to hymen repair surgery concern the conduct of the surgeon and the question of whether restoration of virginity is a way to deceive husbands. The status of hymen restoration surgery has been the subject of several fatwas issued by leading religious authorities and articles written by Muslim lawyers, physicians and ethicists. Virginity restoration, based on the above sources, appears to have its supporters and opponents. The study of hymen restoration is also related to the status of women in society and their rights, to ancient social taboos, and to the impact of modern scientific technology on society at large.
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The ArgumentMuslims share with others both the interest in and the concern about genetic engineering. Naturally their reactions and views stem from general Islamic dogma and from Islamic medical ethics, but they are not unaware of Western... more
The ArgumentMuslims share with others both the interest in and the concern about genetic engineering. Naturally their reactions and views stem from general Islamic dogma and from Islamic medical ethics, but they are not unaware of Western scientific data. Particularly relevant is the Islamic religious prohibition against “changing what Allah has created.” Muslim muftis try to offer practical solutions for individuals. Islamic law is concerned about maintaining pure lineage. Consanguineous matings are very common, but induced abortions are usually ruled out. Cloning has reawakened among Muslims an old debate over the positive as well as hazardous aspects of genetic engineering.
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The siwāk or miswāk (pi. masāwīk) is often mentioned as a symbol for the emphasis given in medieval Islam to dental health. Although not mentioned in the Qur'ān—the prime source of legitimacy in Islam—the siwāk gained popularity... more
The siwāk or miswāk (pi. masāwīk) is often mentioned as a symbol for the emphasis given in medieval Islam to dental health. Although not mentioned in the Qur'ān—the prime source of legitimacy in Islam—the siwāk gained popularity through being attributed to the daily practice of the Prophet Muhammad whose advanced understanding of preventive dentistry is lauded as being only part of his general concern with preventive medicine. Even on his death bed the Prophet is said not to have given up the use of the siwāk, since he always ordered Muslims to “purify your mouths for they are the channels through which utterances of praise to God (subḥāna Allāh) travel”. The word siwāk derives from the Arabic root swk, which indicates rubbing for the purpose of cleaning. Hence siwāk or miswāk are the names of the wooden instrument which has been used as a “tooth-stick” (Zahnstocher), or as an early form of the toothbrush, to clean the teeth and deodorize the mouth. The siwak is a wooden stick a...
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... Mustaff Ahmad Al-Zarqa', CAqd Al-Ta mfn wa Mawqif Al-Sharifa Al-Islamiyya minhu, Damascus 1962. Muhammad Al-Sayyid Al-Dasfiqi, Al-Ta'mfn waMawqifAl-ShariCa Al-Isldmiyya minhu, Cairo... more
... Mustaff Ahmad Al-Zarqa', CAqd Al-Ta mfn wa Mawqif Al-Sharifa Al-Islamiyya minhu, Damascus 1962. Muhammad Al-Sayyid Al-Dasfiqi, Al-Ta'mfn waMawqifAl-ShariCa Al-Isldmiyya minhu, Cairo 1967. Carlo Alfonso Nallino, "Delle Assicurazioni in Diritto Musulmano Hanafita ...
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... The most accessible sources for fatdwd are the various collections of fatdwd which are either the fatdwd of one muftisuch are the col-lections of Rida, Mahmud Shaltut,... more
... The most accessible sources for fatdwd are the various collections of fatdwd which are either the fatdwd of one muftisuch are the col-lections of Rida, Mahmud Shaltut, Al-Sha'rawi, Ma'mun, and Al-Qirdawior fatdwd collections which cover a certain period and are compiled ...
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... 2000). 7 This is a plant used for curing birth warts (Ibn al-Jazzar 1997, 135, 174). The same use is reported in Amar and Lev 1999, 12. For indication that the roots of the plant were used for birth warts, see Lev 2003, 110. In a ...
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... 1, 288-290. 12 Al-Kasani Bada)ic al-$ana-ic (Cairo: Zakaria CAll Yusuf, 1960), vol. 5, 2205 AbuYusuf and Al-Shaybani state that istimta' has a wider connotation than just "sexual penetration", because a man may enjoy... more
... 1, 288-290. 12 Al-Kasani Bada)ic al-$ana-ic (Cairo: Zakaria CAll Yusuf, 1960), vol. 5, 2205 AbuYusuf and Al-Shaybani state that istimta' has a wider connotation than just "sexual penetration", because a man may enjoy his wife in ways other than penetration. ...
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In practice, stem-cell and embryo research have encountered little resistance in Arab and Islamic countries, and it is already in progress in Egypt, Iran, Turkey, Malaysia, and elsewhere. The Islamic scientific community is largely free... more
In practice, stem-cell and embryo research have encountered little resistance in Arab and Islamic countries, and it is already in progress in Egypt, Iran, Turkey, Malaysia, and elsewhere. The Islamic scientific community is largely free of religious inhibitions that jeopardize attempts of scientists in Christian oriented countries, for example, to engage in embryo and stem-cell research. The reason lies with the nature of Islamic medical ethics. According to this ethical system, obtaining knowledge is a human’s duty, and an act of faith. Also, science is revealed by Allah to humans to serve humankind, and human life must be saved by all possible means. According to Islamic theology, “humanity”/the soul, is inspired into the fetus only at 120 days of pregnancy. Therefore, the use of fetuses younger than 120 days in research, and especially if sick or disabled and with a short life expectancy, if born alive at all, is not prohibited, provided that certain stipulations are followed. Th...
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... 29 Muhammad b. SaCd al-gwaycar, .Himdyat al-Islam li-l-mar2a, p. 88. Yuisuf al-Qirdawi Fatawd MuCdsira, p. 286. 30 Al-~aCrdwi, al-Fatawd, v.6, p. 39 31 Minbar al-lslam, June 1988, pp. 137-138. (a fatwa issued by 'Atiyya Saqr). 32... more
... 29 Muhammad b. SaCd al-gwaycar, .Himdyat al-Islam li-l-mar2a, p. 88. Yuisuf al-Qirdawi Fatawd MuCdsira, p. 286. 30 Al-~aCrdwi, al-Fatawd, v.6, p. 39 31 Minbar al-lslam, June 1988, pp. 137-138. (a fatwa issued by 'Atiyya Saqr). 32 Ibid., p. 138, (<safar al-zawga>>. ...