Bioethics in the light of legal maxims of Islamic Law

Authors

  • Dr. Rukhsana Shaheen Waraich Assistant Professor, School of Law, Quaid-Azam University Islamabad
  • Dr. Muhammad Fayaz Assistant Professor, School of Law, Bahria University Islamabad
  • Haleem Sadia Lecturer, Department of Law, Mirpur University of Science and Technology, Azad Jammu and Kashmir

Keywords:

Bioethics, Sharī‘ah, Medicine, Qawāʻid Fiqhīyah, Science, Medical Malpractice

Abstract

Islamic legal maxims (al-Qawāʻid al-fiqhīyah) are an important part of the legal system of Islam. These are the general principles that can be torchbearers in almost every field and can be defined as a concise expression of theoretical abstractions of objectives and goals of Sharī‘ah and emerged after contemplation on the rules of the fiqh on various themes. Some of the legal maxims have their roots in the Holy Qur’ān and Sunnah but most of them are the hard work of the great Fuqaha who condensed the detailed discourse in a nutshell articulated as Islamic legal maxims. To date, scholars continue to ponder over the application of the maxims and enlist the novel circumstances where they are gerThe same. Same is the case with the field of medicine. Islamic legal mare as an area source of Islamic Bioethics, or Islamic Medical Ethics too. It refers to Islamic guidance on ethical or moral issues relating to medical and scientific fields, in particular, those dealing with human life. Medical Practitioners are in great need of guidance in many maabouting for the treatment of patients. It’s difficult for scholars of Sharī‘ah to issue a ruling regarding each medical matter. Legal maxims can be a source of guidance in this regard as well. This paper aims at explicating the legal maxims in the light of Sharī‘ah with the purpose of their application in the field of mentoring to guide medical and legal practitioners

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Published

2022-12-30

How to Cite

Dr. Rukhsana Shaheen Waraich, Dr. Muhammad Fayaz, & Haleem Sadia. (2022). Bioethics in the light of legal maxims of Islamic Law. Nuqtah Journal of Theological Studies, 2(2), 236–249. Retrieved from https://nuqtahjts.com/index.php/njts/article/view/82

Issue

Section

English