Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 41-53 |
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Rezaei E, Nozari Ferdowsieh M, Rostami Ghafasabadi A R. Legitimacy of Non-Halal Therapy with Emphasis on the Rule of "Hardship Brings Ease". MLJ 2023; 17 (58) :41-53
URL: http://ijmedicallaw.ir/article-1-1574-en.html
URL: http://ijmedicallaw.ir/article-1-1574-en.html
1- Department of Theology and Islamic Studies (Jurisprudence and Fundamentals of Islamic Law), Faculty of Theology and Islamic Studies, Payam Noor University, Tehran, Iran.
2- Department of Theology and Islamic Studies (Jurisprudence and Fundamentals of Islamic Law), Faculty of Theology and Islamic Studies, University of Qom, Qom, Iran.
2- Department of Theology and Islamic Studies (Jurisprudence and Fundamentals of Islamic Law), Faculty of Theology and Islamic Studies, University of Qom, Qom, Iran.
Abstract:
Background and Aim: The issue of non-halal therapy is one of the important topics of medicine in Islamic societies, which is necessary, to be examined from a jurisprudential point of view. Prohibiting the use of taboos and complying with Shariah rules sometimes make the patient face difficulty and difficulty in treatment. Based on this, the question is raised, how the legitimacy of non-halal therapy can be justified by referring to the rule of "Hardship brings ease?" In what case does it become the basis for a therapist's license? While criticizing and examining the arguments of the opponents of non-halal therapy, the legitimacy of therapy in two stages of the patient's difficulty in accessing and using halal was examined. The presence of obstacles such as sanctions, hoarding of medicine and its supply at exorbitant prices, lack of a same-sex doctor or exorbitant costs of visiting a same-sex doctor makes it difficult for the patient to receive halal treatment. Also, sometimes the type of halal treatment may cause the patient to face difficulties in the treatment due to some reasons. In this article, while accepting the basic principle of halal treatment and prohibiting haram treatment for patients who have halal medicine easily available to them, with reference to verses, narrations and rational evidences, the causes of the patient's suffering and the ways outof the resulting losses have been investigated.
Methods: The thinking method of this research is descriptive-analytical and the library data collection method was carried out using Shia and Sunni jurisprudence books.
Ethical Considerations: In all stages of writing, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.
Results: Fear of use, lack of permission and excuse in access to permission are among the examples of difficulty and embarrassment in treatment.
Conclusion: The fear of death, organ failure, exacerbation and spread of the disease are among the losses that the removal of such losses causes to replace solutions in treatment; which, despite its original sanctity, its sanctity is negated by referring to the rule of "Hardship brings ease".
Please cite this article as:
Rezaei E, Nozari Ferdowsieh M, Rostami Ghafasabadi AR. Legitimacy of Non-Halal Therapy with Emphasis on the Rule of "Hardship Brings Ease". Medical Law Journal. 2023; 17(58): e4.
Methods: The thinking method of this research is descriptive-analytical and the library data collection method was carried out using Shia and Sunni jurisprudence books.
Ethical Considerations: In all stages of writing, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.
Results: Fear of use, lack of permission and excuse in access to permission are among the examples of difficulty and embarrassment in treatment.
Conclusion: The fear of death, organ failure, exacerbation and spread of the disease are among the losses that the removal of such losses causes to replace solutions in treatment; which, despite its original sanctity, its sanctity is negated by referring to the rule of "Hardship brings ease".
Please cite this article as:
Rezaei E, Nozari Ferdowsieh M, Rostami Ghafasabadi AR. Legitimacy of Non-Halal Therapy with Emphasis on the Rule of "Hardship Brings Ease". Medical Law Journal. 2023; 17(58): e4.
Type of Study: Original Article |
Received: 2022/12/7 | Accepted: 2023/02/23
Received: 2022/12/7 | Accepted: 2023/02/23
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