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Fiqh & Law

The Fiqh of Medicine : New Edition
The Fiqh of Medicine : New Edition
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Details:  The Fiqh of Medicine - Responses in Islamic Jurisprudence to developments in Medical Science, NEW Edition,
Paperback - 373 pages,
by Dr Ahmed Abdel Aziz Yacoub.

Description :

Medical science has made remarkable developments over the last half century. This book examines in depth a wide range of legal and moral aspects of responsibility and medical liability within the Islamic context. Particular reference is made to euthanasia, prevention and termination of pregnancy, reproduction and cloning, and transplantation.

What are the bases in fiqh that guide medical practitioners in their daily work as they avail themselves of developments in medical science? This book may well prove to be a standard reference for the medical profession and fuqaha (jurists).

For more than a decade the author of this work, Dr. Ahmed Abdel Aziz Yacoub, worked very hard in two different fields. First, as a specialist heart surgeon in the course of which he directly encountered problems associated with the development of medical science. Second, he embarked on the study of law as an undergraduate student at Cairo University (Khartoum Branch), and as a postgraduate student at the University of Khartoum at which he earned Bachelor's and Master's degrees.  He then proceeded to study for a doctoral degree at the University of London, where his research and analysis of vast material on medical science and law earned him a PhD in jurisprudence, in July 2000. This book derives from that PhD thesis.

Table of Contents :

---Glossary and Abbreviations.

---Chapter [1], Introduction,

---Purpose and justification,
---Methodological considerations,
---Structure of the Thesis,

---Chapter [2], About Islamic Fiqh (Jurisprudence),

---1. Development and Sources of Islamic Fiqh,
---1.1 Material Sources,
---1.2 Formal Sources,
---2. Contribution of the Fuqaha,
---2.1 Ijtihad in action,
---2.2 Fatawa,
---3. Schools of thought in Islamic fiqh and their leaders,
---3.1 Sunni Schools,
---3.2 Kharjite and Shi'ite schools,
---4. In search of common ground for the laws.

---Chapter [3], Responsibility and Liability in Islam,

---1. Responsibility and Liability in Islam,
---1.1 Responsibility in Islam,
---1.2 Rescue in Islamic Law,
---1.3 Liability in Islam,
---2. The Islamic Viewpoint on matters arising within medical practice,
---2.1 Should people, in a Muslim context, preserve their health?
---2.2 Should people, in a Muslim context, seek treatment?
---2.3 Is there a necessity for the existence of the medical profession, according to Islam ?
---2.4 Should the medical practitioner be well prepared for his job and execute it properley?
---2.5 Are there any limits to the methods employed in treatment?
---Summary of the views of al-Imam al-Ghazali, may Allah be pleased with him, on medical treatment,
---2.6 Are there any legal remedies for an injury caused to the patient during the course of the treatment received?

---Chapter [4], The Rights and Responsibilities of Patients and those who Treat Them,

---1. An overview,
---2. Litigation in the medical field and medical negligence. Mistake, error, misadventure and negligence,
---3. The medical practitioner and negligence,
---3.1 First: The basis of liability,
---3.2 Second: Standard of Care,
---3.3 Third: Medical negligence and redress,

---Chapter [5], Muslim Fuqaha's Classification of Liability of Medical Practitioners,

---2. The competent practitioner who performs his duty according to the accepted methods of the profession and is authorised,
---2.1 Liability,
---2.2 Unforseen reactions (sirayah),
----(a) Hanafi School,
----(b) Maliki School,
----(c) Shafi'i School,
----(d) Hanbali School,
---2.3 Concluding remarks,
---3. The authorised and competent practitioner who errs,
---3.1 Error,
---3.2 Non-Muslims,
---3.3 Compensation (diya),
---4. The medical practitioner and criminal negligence,
---4.1 Hadd,
---4.2 Ta'zir,
---4.3 Qisas,
---4.4 Criminal negligence,
---5. Summary,

---Chapter [6], Euthanasia,

---1. Introduction and definition,
---2. Types of euthanasia,
---3. Involuntary euthanasia,
---4. Nonvoluntary euthanasia,
---4.1 Brain-stem dead,
---4.2 Patients in the permanent vegetative state (PVS),
---4.3 Coma,
---4.4 Should persons in the permanent vegetative state and other mentally incompetents be fed?
---(a) WesternViews,
---(b) Islamic Views,
------(i) Infanticide,
------(ii) Killing of minors and those under care,
------(iii) Killing, or terminating the life, of the unconscious,
---5. Voluntary euthanasia,
---5.1 Western views,
---5.2 Islamic views,
----(a) Hanafi School,
----(b) Maliki School,
----(c) Shafi'i School,
----(d) Hanbali School,
---6. Conclusions,

---Chapter [7], The Prevention and Termination of Pregnancy,

---1. Introduction,
----(a) Hanafi School defined it as,
----(b) Maliki School,
----(c) Shafi'i School,
----(d) Hanbali School,
---2. Children within Marriage,
---2.1 Is it allowed to have fewer children in the family?
---2.2 Is it allowed to have smaller families by preventing pregnancy?
---3. Can pregnancies be terminated lawfully, in accordance with Islamic fiqh?
---3.1 The views of Muslim fuqaha regarding permissibility of induced abortion,
----(a) Hanafi School,
----(b) Maliki School,
----(c) Shafi'i School,
----(d) Hanbali School,
---3.2 Some special issues on terminations,
---(i) Pregnancy and the 'mother' in health, sickness and in rape cases,
---(ii) The embryo (foetus) and abortion,
---(iii) The husband's options, consent and permission,
---4. Treatment of abortion in the UK,
---5. Comparison of Islamic Law and UK Law on Abortion,
---5.1 The welfare of other siblings as a reason to procure an abortion,
---5.2 A time limit was set before which abortion could be performed,
---5.3 The welfare of the mother,
---5.4 Severe deformation of the foetus,
---5.5 Is the husband's consent or permission necessary ?
---6. The consequences of termination of pregnancy in Islamic fiqh,
---6.1 Termination of pregnancy with the consent of the woman in question,
---6.2 Termination of pregnancy at the hands of a tortfeasor,
---7. Legislation and induced abortion, in the light of Islamic fiqh and common law,

---Chapter [8], Reproduction and Cloning,

---1. Reproduction,
---1.1 Infertility,
---2. How does Islamic fiqh impinge on reproduction?
---3. What happens to surplus embryos in modern infertility techniques?
---4. Can a widow use stored fertilised ova of her late husband?
---5. Surrogate wives and polygamy,
---6. Cloning,
---6.1 Cloning and the laws,
---6.2 Implications for human cloning,
---6.3 Islamic fiqh and the new challenges,

---Chapter [9], Transplantation,

---1. Introduction,
---2. The modern history of transplantation,
---3. Evidence of permissibility of transplants in Islamic fiqh,
---3.1 Transplants from animals, dead and living,
---3.2 Transplants from humans;
----(i) Transplantation from a living donor,
----(ii) Cadaver donations, and parts from dead persons,
           Is it allowed to transplant one testicle from a donor?
----(iii) Transplantation from the brain dead,
----(iv) Anencephalic infants as organ donors,
---3.3 Foetal tissue transplants and genetically engineered organ donation,
---4. Conclusion,

---Chapter [10],



---Appendix A.1,
---The Hippocratic Oath,

---Appendix A.2,
---International Code of Medical Ethics,
----International Code of Medical Ethics,
----Duties of Doctors in General,
----Duties of Doctors to the Sick,
----Duties of Doctors to each other.

---Appendix A.3,
---Declaration of Geneva,
---A Modern Restatement of the Hippocratic Oath 1947.

---Appendix A.4,
---Islamic Code of Medical Ethics,
----Doctor's Oath.

---Appendix B,
---The Declaration of Helsinki,
---Human Experimentation,
----(i) Basic Principles,
----(ii) Medical Research combined with professional care (clinical research),
----(iii) Non-therapeutic biomedical research involving human subjects (non-clinical biomedical research).

---Appendix C,
---Declaration of Oslo 1970,
---Statement on Therapeutic Abortion,

---Appendix D,
---Declaration of Tokyo,
---Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

---Appendix E,
---(A) Opinion of the Group of Advisors on the Ethical Implications of Biotechnology to the European Commision 28 May 1997,
---Ethical Aspects of Cloning Techniques ...,
---1. Whereas,
----Concerning Human Implications,

---Appendix F,
---European Parliament 1997 -1998,
---Cloning Animals and human beings,

---Appendix G,
---Hukm Al-Maskuti'anhu (rules when Shari'ah is silent about a matter),
---The 1st Viewpoint is that :
----A. The Qur'an:
----B. The Prophetic Sunnah,
----C. Reasoning (al-Aql),
---The 2nd Viewpoint is that :
----A. The Qur'an: (Q. 16:116),
----B. The Sunnah,
----C. Reasoning (al-Aql),
---The 3rd Viewpoint is that of those who ''Do not know''

---Appendix H,
---Some resolutions of Al-Majami' al-Fiqhia and Fatwa,
---Resolution No. (3) Al-Ijtihad,
---Resolution No. (4) D 3/7/86 Test Tube Babies,
---Resolution No. 1 D 4/8/88  Organs Transplant,
---Resolution No. (58/76) The Use of Foetal Issue in Transplantation,
---Resolution Number Four: Termination of pregnancy when the foetus is seriously deformed.
---Fatwa : Islamic Fiqh on donating and Receiving Blood.

---Bibliogrpahy and Bibliographical Abbreviations,
---European Titles,
---Arabic Titles.


''Extremely vital contribution in todays world.''

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This product was added to our catalog on Wednesday 24 October, 2012.