The Application of Necessity in Medical Treatment: An Islamic Biomedical Perspective
This research paper examines the concept of ‘necessity,’ which derives its origin both in Islamicand common law and transcended progressively into medical law. Many aspects of medicaland civil law remained closely related to each other, like ‘the concept of duress’, ‘self-defense’and other aspects of human activities are embedded in both the systems. Likewise, the commonlaw generally allows almost all forms of treatment, whereas Islamic law permits it, when itessentially saves one’s life. All forms of medical treatments are freely and readily available toovercome sterility dilemmas in western countries, whereas in Islamic law some of the moderninterventional techniques and genetic engineering are disregarded as per Shariahinjections.Whereas, Islam does approve necessary measures to sustain sound and good health, since it isconsidered a part of one’s obligations. Hence, its sustenance senses the subjects to avoid fromundue pains and sufferings. For this purpose, medications and medical treatment is considered arecognized mode in Islamic law. Therefore, on one hand, this research paper presents argumentsin favor of medical treatment, while, on the other hand, it will argue the evidences given byclassical and contemporary scholars in favor of medical treatment within the framework ofShariah. This may attract the essence of Shariahdoctrine of necessity.
Bangladesh Journal of Medical Science Vol.20(1) 2021 p.24-32
Copyright (c) 2021 Fazli Dayan, Mian Muhammad Sheraz, Abu Kholdun Al Mahmood, Sharmin Islam
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish in the Bangladesh Journal of Medical Science agree to the following terms that:
- Authors retain copyright and grant Bangladesh Journal of Medical Science the right of first publication of the work.
Articles in Bangladesh Journal of Medical Science are licensed under a Creative Commons Attribution 4.0 International License CC BY-4.0.This license permits use, distribution and reproduction in any medium, provided the original work is properly cited.
- Authors are able to enter into separate, additional contractual arrangements for the distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted to post their work online (e.g., in institutional repositories or on their website) as it can lead to productive exchanges, as well as greater citation of published work.