Legal Parameters of Fatwas on Medical Treatment Involving Prohibited Substances in Islam
Parameter Perundangan Fatwa Mengenai Rawatan Perubatan yang Melibatkan Bahan Terlarang dalam Islam
DOI:
https://doi.org/10.22452/KATHA.vol20no1.1Abstract
This study examines the legal parameters governing fatwas on medical treatments involving prohibited substances in Islamic law. The increasing reliance on contemporary medical interventions, some of which incorporate elements deemed impermissible (ḥarām), raises critical questions regarding their permissibility within the framework of Shariah. This research adopts a qualitative methodology through textual and content analysis of classical and contemporary juristic sources to identify the underlying principles applied in issuing such fatwas. The study finds that the permissibility of medical treatment involving prohibited substances is not absolute but is regulated by a set of legal parameters, including the principle of necessity (ḍarūrah), the absence of lawful alternatives, expert medical verification, and proportionality in treatment. These parameters are derived from established legal maxims and objectives of Islamic law (maqasid Shariah), particularly the preservation of life (ḥifẓ al-nafs). This paper contributes by systematising the juristic principles governing such cases into a coherent analytical framework, thereby providing clearer guidance for contemporary fatwa formulation in the field of medical treatment. It highlights the need for a balanced approach that upholds Shariah principles while responding to modern medical realities.
Keywords: Fatwa, Medical Treatment, Prohibited Substances, Ḍawābiṭ, Ḍarūrah.
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