Department of Jurisprudence and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran.
Abstract:
Background and Aim: One of the important issues in the field of therapy is the use of non-halal methods of therapy. It seems that it is necessary to examine and pay attention to it from a jurisprudential perspective. Sometimes the prohibition of the use of forbidden and non-halal methods in Islamic societies causes harm and loss to the patient. Accordingly, the question that arises is how can the legitimacy of treating non-halal people be justified by citing the rule of "al-zarr Yazal" and to what extent can the extent of harm to the patient be justified in order to justify legitimacy? While criticizing and examining the evidence of Imami and Sunni jurists based on accepting the primary principle of the obligation of treating people with halal people, sometimes, due to the rule of "al-Darrizal" over obligatory and situational rulings, it is possible to agree with prioritizing the removal and elimination of any harm.
Method: The method of thinking in this research is descriptive-analytical and the data collection method is library and using Shiite and Sunni jurisprudential books.
Ethical Considerations: In all stages of writing, honesty and trustworthiness have been observed, while respecting the originality of the texts.
Results: Self-harm is one of the most important examples of the rule of "al-zarr Yazal", from which, due to the obligation of self-preservation, the ruling of the obligation of removing harm and the sanctity of self-harm are inferred.
Conclusion: Examples of harm in treatment include fear of death, limb loss, loss of benefits related to each member, exacerbation and spread of the disease. Based on the opinions of Shiite and Sunni jurists, in order to eliminate each of these harms, it is permissible to replace non-halal solutions in treatment by citing the rule of "al-zarr Yazal" and despite the initial prohibition of non-halal treatment, its prohibition is denied.
Please cite this article as:
Rezaei E. The Legitimacy of Non-Halal Therapy Based on the Rule of "al-Zarr Yazal". Medical Law Journal. 2026; 20: e14.
Type of Study:
Original Article |
Received: 2025/05/2 | Accepted: 2025/12/1