scholarly journals Islamic bioethics of pain medication: an effective response to mercy argument

2012 ◽  
Vol 3 (2) ◽  
pp. 4-15 ◽  
Author(s):  
Mohammad Manzoor Malik
Keyword(s):  
Islamic Law ◽  
Pain Medication ◽  
Primary Sources ◽  
Active Euthanasia ◽  
Effective Response ◽  
Islamic Bioethics ◽  
Ethical Position ◽  
Law And Ethics ◽  
General Guidance

Pain medication is one of the responses to the mercy argument that utilitarian ethicists use for justifying active euthanasia on the grounds of prevention of cruelty and appeal to beneficence. The researcher reinforces the significance of pain medication in meeting this challenge and considers it the most preferred response among various other responses. It is because of its realism and effectiveness. In exploring the mechanism and considerations related to pain medication, the researcher briefly touches the Catholic ethical position on the issue, a position that cannot be ignored in the development of contemporary bioethics. The researcher particularly deliberates on the contemporary Islamic discourse on the issue; by furthering the debate in line with the Islamic legal maxims and general guidance from the primary sources of Islamic law and ethics. The resolution on the issue is sought by synthesizing the views and legal maxims (al-Qawaid al-Fiqhiyyah) on the issue, which in conclusion provide justification for pain medication by considerably regarding pain as “necessity” and “pressing need”. However, such resolution allows pain medication to the limit and proportion that removes the pain and prohibits overdosing the patient with medication that may directly cause the death.DOI: http://dx.doi.org/10.3329/bioethics.v3i2.11700 Bangladesh Journal of Bioethics 2012; 3(2):4-15

Islamic and Catholic Bioethics of Pain Medication: A Response to Mercy Argument

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
Mohammad Manzoor Malik
Keyword(s):  
Islamic Law ◽  
Pain Medication ◽  
Primary Sources ◽  
Active Euthanasia ◽  
Ethical Position ◽  
Law And Ethics ◽  
General Guidance

Pain medication is one of the responses to the mercy argument that utilitarian ethicists use for justifying active euthanasia, on the grounds of prevention of cruelty and appeal to beneficence. The researcher reinforces the significance of pain medication in meeting this challenge and considers it the most preferred response among various other responses. It is because of its realism and effectiveness. In exploring the mechanism and considerations related to pain medication, the researcher briefly touches the Catholic ethical position on the issue, a position that cannot be ignored in the development of contemporary Western bioethics. The researcher particularly deliberates on the contemporary Islamic discourse on the issue, furthering the debate in line with the Islamic legal maxims and general guidance from the primary sources of Islamic law and ethics. The resolution on the issue is sought by synthesizing the views and legal max-ims (‘al-qawā‘id al-fiqhīyyah) on the issue, which in conclusion provide justification for pain medication by considerably regarding pain as “neces-sity” and “pressing need”. However, such resolution allows pain medication to the limit and proportion that removes the pain and prohibits overdosing the patient with medication that may directly cause the death.

The Dilemmas of Islamic Bioethics in the Twenty-first Century

2011 ◽  
Vol 28 (1) ◽  
pp. 45-75
Author(s):  
Dr. Anke Iman Bouzenita
Keyword(s):  
Brain Death ◽  
Medical Care ◽  
Case Studies ◽  
Islamic Law ◽  
Life Sciences ◽  
First Century ◽  
Islamic Bioethics ◽  
Islamic World ◽  
Twenty First Century

The current discourse on bioethical questions often reveals a certain patchiness or seeming inability to answer contemporary bioethical problems within an Islamic epistemological paradigm. Attempting to analyze the causes of this phenomenon, the author describes the decontextualization of Islamic concepts from a background of secularized medical care and the ethics in the Islamic world—as well as the estrangement due to these questions of Islamic law from its holistic framework of application as a pervasive phenomenon, which brought about the dilemmas of bioethics in the twenty-first century. The author discusses chosen bioethical case studies in this light, with a focus on the concept of brain death. Doing so, the author takes into consideration the paradigmatic relationship between science, bioethical models, and the implications of the relevant different worldviews. The author shows how constructed realities related to the life sciences have been imported from the secular setting into an already estranged Islamic context to be answered, and describes the evolving dilemmas that make Islamic bioethics appear like a stranger moving in a strange land.

scholarly journals PENETAPAN ‘ADAM WALI NIKAH OLEH PEJABAT KUA DI KOTA SEMARANG

Al-Ahkam ◽  
2016 ◽  
Vol 26 (2) ◽  
pp. 203
Author(s):  
Rokhmadi Rokhmadi
Keyword(s):  
Islamic Law ◽  
Director General ◽  
Legal Basis ◽  
General Guidance

This article is result of the study that describes the determination concept of adam wali nikah by officials of the Religious Affairs Office (KUA) in Semarang, on marriage guardian of an ineligible woman, that because of the bride’s birth is less than six months from her parents’ marriage. Having determined adam marriage guardians’ status, then KUA establishes that the marriage guardian is delegated to KUA officials in each region of Semarang. As for the basis used by those who determine the delegation for the reason of deficient condition of marriage guardians for a female to the KUA is the use of the legal basis contained in adam marriage guardians’ determination in the letter of Director General Guidance and Pilgrimage Affairs Number: D/ED/PW.01/03/1992, in which its position is under the Marriage Legislation No. 1 of 1974 and the Islamic Law Compilation (KHI).

scholarly journals HUKUMAN DAN KEDUDUKAN HAK WARIS BAGI PELAKU EUTHANASIA

2018 ◽  
Vol 16 (2) ◽  
pp. 208-229
Author(s):  
Wirani Aisiyah Anwar
Keyword(s):  
Islamic Law ◽  
Medical Science ◽  
Modern World ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Speed Up

Euthanasia is a term used in medical science (medical), activities carried out to speed up the death of the patient who is considered unable to survive anymore. With the sophistication of the modern world now euthasia is considered a necessity, while euthanasia in Islamic law equates its law to murder. Murder is categorized in three forms, namely intentional murder, murder resembles intentional, and murder by mistakes. And euthanasia is divided into two, namely active euthanasia and passive euthanasia. In Islamic law active eythanasia is considered the same as intentional murder so that the perpetrator is subject to a qishash, diat punishment and for heirs or applicants of euthanasia no heir can be said (not receive inheritance from the victim of euthanasia), whereas passive euthanasia is permissible in Islamic law.

The Muqaddam Represented in the pre-Mongol Persian Documents from Ghur

Afghanistan ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 91-113
Author(s):  
Said Reza Husseini
Keyword(s):  
Islamic Law ◽  
Primary Sources ◽  
Persian Literature ◽  
Tax Collection ◽  
The Village

This paper addresses the Muqaddam, or the village headman, the relevant fiscal department, and the process of tax collection as represented in pre-Mongol Persian documents found recently in the Ghur region in present day Afghanistan. It argues that “Muqaddam” was the title used for a village notable associated with the fiscal department called the Diwān al-Ikhtiyārī. The Muqaddam collected the ʿushr, or the state's shares of harvests as prescribed under Islamic law. The tax is collected only in the presence of the Muʿtamid, who is the Diwān's trusted agent. Tax collection followed the Diwān's issuance of an edict termed ḥukm-i tafṣīl, which detailed the instructions given to the Muqaddam. The analysis in this article highlights the Ghurid aspect of the Muqaddam's role, which was previously unknown. This is due in part to the scarcity of primary sources about his roles; in part because the Muqaddam mentioned in the medieval north Indian Persian literature overshadowed discussion on the Muqaddam. By analysing the Ghurid documents, this paper thus argues “Muqaddam” was a term specifically used in the Ghur region in a particular agricultural context.

STRIKING A JUST BALANCE: MAULANA AZAD AS A THEORIST OF TRANS-NATIONAL JIHAD

2007 ◽  
Vol 4 (1) ◽  
pp. 95-107 ◽  
Author(s):  
AYESHA JALAL
Keyword(s):  
Twentieth Century ◽  
Islamic Law ◽  
First World War ◽  
World War ◽  
Early Twentieth Century ◽  
Law And Ethics ◽  
The First World War ◽  
National Congress ◽  
First World ◽  
Indian National Congress

This article probes the link between anti-colonial nationalist thought and a theory of jihad in early twentieth-century India. An emotive affinity to the ummah was never a barrier to Muslims identifying with patriotic sentiments in their own homelands. It was in the context of the aggressive expansion of European power and the ensuing erosion of Muslim sovereignty that the classical doctrine of jihad was refashioned to legitimize modern anti-colonial struggles. The focus of this essay is on the thought and politics of Maulana Abul Kalam Azad. A major theoretician of Islamic law and ethics, Azad was the most prominent Muslim leader of the Indian National Congress in pre-independence India. He is best remembered in retrospectively constructed statist narratives as a “secular nationalist”, who served as education minister in Jawaharlal Nehru's post-independence cabinet. Yet during the decade of the First World War he was perhaps the most celebrated theorist of a trans-national jihad.

LAW AND ETHICS IN ISLAMIC BIOETHICS: NONMALEFICENCE IN ISLAMIC PATERNITY REGULATIONS

Zygon® ◽  
2013 ◽  
Vol 48 (3) ◽  
pp. 709-731 ◽  
Author(s):  
Ayman Shabana
Keyword(s):  
Islamic Bioethics ◽  
Law And Ethics

Law And Ethics In Islamic Bioethics

2014 ◽  
Vol 2014 (2) ◽  
pp. 6
Author(s):  
Abdulaziz Sachedina
Keyword(s):  
Islamic Bioethics ◽  
Law And Ethics
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