search this site.

130615P - MAQASID AND QAWA’ID IN MEDICAL PRACTICE - (Word Slides)

Print Friendly and PDFPrint Friendly



Paper at the 9th International Seminar & Workshop of the Islamic Hospital Consortium Malaysia held in Kuala Lumpur under the theme ‘Spiritual Support in Health Care’ by Professor Omar HasanKasule MB ChB (MUK), MPH (Harvard), DrPH (Harvard) Faculty of Medicine King Fahad Medical City Riyadh Saudi Arabia. EM omarkasule@yahoo.com, WEB: www.omarkasule-tib.blogspot.com.


RENAISSANCE OF ISLAMIC MEDICINE
·         Renaissance of Islamic medicine can be dated to the start of the 15th century of hijra the seminal event being the First International Conference of Islamic Medicine held in Kuwait in 1981.
·         This renaissance has gone through several experiences: revival of the traditional Muslim medicine in the 1980s, medical and relief projects in the 1990s, establishment of Islamic medical colleges and Islamic hospitals in the 2000s.
·         Islamic medical colleges and hospitals necessitated the need to develop an Islamic vision of medicine and medical practice that is unique and is a different and additional contribution to medicine beside the contemporary western vision.

RENAISSANCE OF ISLAMIC FIQH
·         The 2000s also witnessed a parallel development in Islamic law emphasizing purposes of the Law, maqasid al shari’at.
·         This motivated the application of these purposes in medicine that started as teaching maqasid at the faculty of medicine in the International Islamic University at Kuantan starting in 1997.
·         This was accompanied by development of principles of fiqh in medical applications.
·         Both maqasid and qawa’id soon evolved into an Islamic vision of medicine that is gaining currency in many countries.

MAQASID
·         The 5 maqasid are the governing paradigms according to which actions will be judges as moral or immoral.
·         Each medical action must fulfill or not violate the 1. preservation of morality, hifdh al ddiin; 2. life, hifdh al nafs; 3. progeny, hifdh al nasl; 4. intellect, hifdh al ‘aql; and 5. resources, hifdh al maal.
·         The maqasid are however very broad so use in addition the principles of fiqh, qawa’id al fiqh, that are short legal axioms that facilitate reasoning through complicated issues.

QAWA’ID
·         The main principles are 5: 1. intention, qasd; 2. certainty, yaqiin; 3. harm, dharar; 4. hardship, mashaqqat; and 5. custom, ‘aadat.
·         Many subprinciples can be developed from each of these. The Majallat al ahkaam al adliyyat listed 99 main principles and 1851 subprinciples in the commercial area.
·         The challenge is to develop a legal manual like the majallat with as many or more principles relating to medicine.