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Background reading material for medicine & fiqh panel discussion on 22nd January 2000 for 3rd year medical students, Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.
OUTLINE
1.0 BUYING and SELLING, buyuu'u
A. Goods and services
B. Conditions of a valid transaction
C. Types of sales/transactions
D. Cancellation and disputes
E. Etiquette of the market
2.0 PERSONAL LOANS AND DEBTS, quruudh & duyuun
A. Conditions
B. Collateral
C. Guarantee
D. Transfer of debts
E. Bankruptcy
3.0 INVESTMENTS
A. Investment in property
B. Investment trade
C. Investment in agriculture
D. Deposits
E. Insurance
4.0 OTHER TRANSACTIONS
A. Wikalah
B. Ijarah & I'arah
C. Waqf
D. Prize Competitions
E. Gifts
5.0 MODERN CHALLENGES
A. Stock exchange
B. Commodity exchange
C. Currency trading
D. Public debt
E. Free trade
DISCUSSION ON TRANSACTIONS
BUYING & SELLING
Pharmaceutical products from haram material such as khamr and pigs
Government control of prices of medical services and medicine
Advance payment for medical services
Higher fee for delayed payment for medical services
Receiving medical services on credit
Monopoly and lack of free competition among providers of medical care
Government intervention with quality assurance programs
Peer review
Professional licensure
Licensing of new drugs
Does a fee for service medical encounter follow the normal rules of transactions?
Is it valid to combine medical care with sale of drugs?
What relief does a paying patient have if the treatment fails
Does lack of patient consent to treatment invalidate the payment transaction?
Advertising of medical services
Promise of cures
Buying and selling blood and organs
Payment for medical services as a business transaction
PERSONAL LOANS & DEBTS
Mental condition of a person taking a debt. Is an insane liable to pay back?
Is an unpaid medical bill by a poor person a debt?
Colossal medical bills leading to bankruptcy
Use of zakat funds to pay medical bills of the indigent
INVESTMENTS
Medical Care between the profit motive and social welfare
Investment in for-profit hospitals
Managed health care and consumer protection
Health insurance through a third party payer
Government or company sponsored health insurance
Life insurance
Health Maintenance Organizations
WIKALAH
Power of attorney for unconscious patient: who has financial liability for medical costs?
The living will
IJARAH
Is the physician an employee of the patient under the concept of ijarah?
Industrial action by physicians and nurses
WAQF
Hospital as a waqf
PRIZE COMPETITIONS
Medical assessment of competitors for fitness
Sports injuries
Gambling in sports competitions
Spectator vs participatory sports
GIFTS
Blood and organ donation
STOCK EXCHANGE
Pharmaceutical stocks
Hospital stocks
HMO stocks
Life insurance stocks
Health insurance stocks
Stocks in companies that manufacture weapons
COMMODITY EXCHANGE
Starving third world nations despite surplus agricultural produce in the west
CURRENCY TRADING
Haraam and usurious trading
Halaal currency trading
FREE TRADE
Multi-national pharmaceutical companies
Multi-national hospital corporations