Contemporary fiqh's perspective on contemporary issues in medical practices

Zameri, Farah Hayati and Abu Bakar, Nor Ain Athirah (2025) Contemporary fiqh's perspective on contemporary issues in medical practices. [Student Project] (Unpublished)
Abstract

This study aims to explore how the rapid development of modern medical science has raised numerous new questions that require re-evaluation from the perspective of Islamic law, particularly through contemporary fiqh. In addition, the study seeks to examine the fiqh perspective on several current medical issues that are receiving increasing attention, including the transplantation of animal organs into humans, the use of pharmaceutical substances in emergency situations, and the process of fatwa issuance through collaboration between medical experts and Islamic scholars. Using a qualitative analytical approach to modern fiqh sources and contemporary fatwa documents, the study finds that medical necessity (ḍarurah) plays a crucial role in determining the legal status of certain treatments or interventions. Furthermore, the process of legal reasoning (istinbaṭ al-ḥukm) now increasingly involves interdisciplinary expertise, making cooperation between medical professionals and Shariah scholars essential in producing practical and maqaṣid al-shariah based guidance. This research also hopes to contribute to the Islamic scholarly discourse in understanding the ethical and legal challenges in modern medicine and to support the development of fatwas that remain relevant in contemporary times.

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