This maxim indicates that if any implementation of the law causes hardship to an individual, then there are alternatives one can do instead, in order to overcome these hardships and difficulties There are several Quranic verses and Hadiths of the Prophet PBUH which indicate that Allah intends to provide facility and to lift all kinds of unbearable hardship from human beings.
An ethical framework for complementary and ethics training on the culture and language of the alternative therapies. Beirut, Lebanon: Gillion, By Andrei Nanu. Where Respect for Autonomy Is not the Answer.
Several legal principles were derived from this maxim, especially those, which relate to the concepts of darurah necessity and hajah need. However, committing the otherwise prohibited action should not extend beyond the limits needed to preserve the purpose.
Similarly, prohibited treatment may become permissible if it is considered a life —saving treatment for the patient. Eliminating harm is portrayed as one of the major principles of Shariah to which all legal determinations can be traced back.
This includes preventing its occurrence, since protection is better than cure, and, in case it occurs, eliminating it by whatever means Medical intervention is justified on the basic principle is that injury, if it occurs, should be relieved. An injury should not be relieved by a medical procedure that leads to an injury of the same magnitude as a side effect. In a situation in which the proposed medical intervention has side effects, we follow the principle that prevention of an injury has priority over pursuit of a benefit of equal worth.
If confronted with two medical situations both of which are injurious and there is no way but to choose one of them, the lesser injury is committed 6, The disclaimer is that the customary practice must be the predominant and widespread practice of medical practitioners in order to be rendered valid 9.
Finally, this fundamental methodology, systematized by the early Muslim scholars over one thousand years ago, is still employed by Muslim jurists to deduce rulings on a number of issues, including the more challenging ones brought about by the modern medical advancements over the last few decades. Conclusion Currently there is an increase in bioethical discourse amongst Muslim scholars from all parts of the world. Most of these discussions look at specific issues pertaining to the permissibility of a new technological application.
A number of issues in the field of bioethics were raised in the last few decades and Muslim jurists have been active in studying these contentious subjects and providing religious and ethical guidance in the form of fatwas religious decisions that are followed by healthcare providers in the Muslim world. References 1.
Gillon R. Philosophical medical ethics. London: Wiley, New York: Oxford University Press; Principles of Biomedical Ethics 3. Ibn Hanbal A.
Musnad Ahmad. No 4. Western and Islamic bioethics: How close is the gap?
Avicenna J Med. Padela AI. Islamic medical ethics: A primer.
Contemporary Bioethics: Islamic Perspective. New York NY : Springer; Islamic medical jurisprudence syllabus: A Review in Saudi Arabia. Med J Malaysia.
Ghanem I. This preview shows page 11 - 14 out of 35 pages.
Subscribe to view the full document. I cannot even describe how much Course Hero helped me this summer. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero. Walden University.
NURS Throughout his entire academic career, Professor Gillon has maintained a part-time general medical practice. The text has been reprinted ten times and a 2nd edition is due out in In , he was one of the drafting authors of the UK consensus document on a core curriculum for medical ethics and law in UK medical schools that was published in the Journal of Medical Ethics. Speaker Profile.