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"Enjoin the good, prevent the harmful" - the intersection of theory and practice in the implementation of sharī'a for Muslims in Western societies: The case of medical ethics in Britain

Malik, Saira 2010. "Enjoin the good, prevent the harmful" - the intersection of theory and practice in the implementation of sharī'a for Muslims in Western societies: The case of medical ethics in Britain. Journal of Islamic Law and Culture 12 (3) , pp. 244-257. 10.1080/1528817X.2010.618017

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Abstract

This paper explores the theoretical Islamic legal framework and methodology used by Islamic religo-legal authorities (sing. muftī) in issuing rulings (sing. fatwa) regarding contemporary medico-ethical issues of concern to Muslim minorities, health professionals and policy makers in Britain. The author demonstrates that the guiding principle used by Islamic religo-legal authorities related to medico-ethical issues in Britain is the Quranic precept of, “Enjoin the good, prevent the harmful”. In particular, the Islamic legal instrument of maslaha (public interest) is used to arrive at rulings in a process in which the role of the muftī is crucial. The author shows that the muftī is able to legitimately function in a contemporary liberal society such as Britain because of the private nature of his authority that has historically been vested in this position. The paper also explores how the operation of the sharī’a in Britain may potentially intersect with the British legal system and some of the consequences that arise from this potentiality. The author concludes by reflecting upon what the issues raised in this paper indicate for the broader themes related to the integration of Muslims into contemporary liberal societies.

Item Type: Article
Date Type: Publication
Status: Published
Schools: History, Archaeology and Religion
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
B Philosophy. Psychology. Religion > BJ Ethics
B Philosophy. Psychology. Religion > BL Religion
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
K Law > KD England and Wales
Uncontrolled Keywords: Sharīʿa; Muftī; Fatwa
Publisher: Taylor & Francis
ISSN: 1528-817X
Last Modified: 04 Jun 2017 03:55
URI: http://orca.cf.ac.uk/id/eprint/29064

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