Preservation of Health in Islamic Law Nurdeng Deuraseh.,j- d""&-::, ~... ~ J ~;.,*~~..:... ~, "~ OJ' "... -<'" - r c/4j';:~; J#/( (lg,'- ~ HUM Press
Preservation of Health in Islamic Law Nurdeng Deuraseh HUM Press
Published by: IIUM Press International Islamic Unive",ity Malaysia FirstEdition,2009 o IIUM Press, IIUM All rights reserved. No part ofthis publication may be reproduced, stored in a retrieval system. or transmitted. in any fonn or by any means. electronic, mecbanical, photocopying, recording, orotherwise, without prior written permission from the publisher. Perpustakaan Negara Malaysia Cataloguing-In-Publication Data Nurdeng Deuraseb Preservation ofhealtb In Islamic law I NUrdeng Deuraseh. Includes index Bibliography:p.281 ISBN 978-%7-5272-46-2 I. Public healtb laws. 2 Medical laws and legislation. I. Title. 344.04 ISBN 978-%7-5272-46-2 Member of Majlis Penemitan lintiab Malaysia - MAPIM (Malaysim) Scbolarly Publishing Council)
Confsnf1...~!..r"".>-_-------- Table ofarabic Transliteration Acknowledgments List ofabbreviations Preface Introduction IX xi xiii xv I CHAPTER I The Historical Background of Preservation ofhealth and its Relevance to the Shari'ah 13 1.1 AI-Qur'tin and al-sunnah: The Primary Sources for Preservation of Health 14 1.2 Preventive Medicine during the Golden Age 25 A. The Diffusion of the Greek Medical System into the Muslim World 28 B. Works of Physicians and Practitioners Related to Islamic Preventive Medicine during the Golden Age 33 1.3 The Role of Bimtiristtin (Hospital) in Islam 45 1.4 The Emergence and Objective of Islamic Medicine 52 A. The Emergence of '11m al-tibb 52 B. AI-Tibb and Its implications for Preservation of Health 54 C" The Theory of Bodily Balance in Islamic Medicine 60 D. Mental Health in Islamic Medicine 62 E. l)arorah in Islamic Law for the Preservation of Health 68
CHAPTER 2 Preservation of Health Through 'Ibadah 73 2.1 'Ibtidah Encompasses All Good Deeds 73 2.2 lrntinand Islamic Worship: The Forceful Aid for Preservation of Health 77 A. The Islamic Conception of lrntin: The Foundation for Preservation of Health 77 B. The Spiritual Benefits of Prayer 81 C. The Spiritual Benefits of Zaktih 9 I D. Preservation of Health Through Fasting 93 E. Preservation of Spiritual Health Through lfajj 97 CHAPTER 3 Family Affairs and the Preservation of Health According to the Sharf'ah 101 3.1 The Creation of Man in the Holy Qur'tin 102 3.2 Child Health Care in Islamic Family Law 108 A. Khittin: Circumcision 109 B. Al-Rat;lti': Suckling I II C. lfat;ltinah: Custody II? 3.3 Contributions of Islamic Family Law in the Preservation of Health 119 A. Marriage is the Best Solution for Two People who are in Love 120 B. Persons between Whom Marriage is Forbidden 122 C. Man is the Protector and Maintainer of Wife 124 D. The Medical Benefits of Lawful Sexual Intercourse 128 E. Preventing Sexually Transmitted Diseases Through Prohibiting Unlawful Sexual Intercourse 132 F. Medical Benefits of Ghusl al-jantibah 145 G. Prohibition of Performing Sexual Intercourse with Menstruating Wife 148 H. Divorce as a Safety Value 150 I. The Benefits of 'Iddah (Period of Waiting) 152 J. The Wisdom of Polygamy 154 VI
K. Do Not Throw Yourself into Destruction with Your Own Hands: The Case of 'Azl (Contraception) 157 L. Pennission to Perfonn Ijha{i (Abortion) for Saving the Life of a Mother 167 CHAPTER 4 The Concept of Lawful and Unlawful Foods and Drinks for the Preservation of Health According to the Shari'ah 171 4.1 The Stomach is the Storehouse of Diseases 172 4.2 The Right to have Food in Islamic Law 173 4.3 To Make Lawful and to Prohibit is the Right of Allah (s.w.!.) Alone 177 4.4 The Prohibited Foods 181 A. Prohibition of Maytah (the Meat of Dead Animals or Carrion) 184 B. Prohibition of Flowing Blood 189 C. Prohibition of Pork 190 D. Prohibition of Meat Dedicated to Anyone Other than Al1ah (s.w.!.) 192 4.5 The Prohibition of Khamr (Intoxicating Drink) 194 A. Islamic Approach to Prohibition of Intoxicating Drink (Khamr) 196 B. Every Intoxicant is Unlawful: An Analysis 201 C. The Prohibition of Drugs 206 D. The Prohibition of Drinking Intoxicating Drinks for the Preservation of Health 208 4.6 Specific Recommendations for the Preservation of Health 217 A. Do Not Use Compound Drug as Long as Simple Drug is Useful 218 B.. Honey and Milk as Health Drinks 221 C. Moderation as a Primary Means for the Preservation of Health 223 D. Necessity Dictates Exceptions 226 vii
CHAPTER 5 Towards a Healthy Environment According to the Sharf'ah 227 5.1 The Relationship Between the Environment and Health 229 5.2 Balance and Measure as Sunnat Allah 232 5.3 The Role of Man of Adab Towards the Environment 235. 5.4 Protection of the Basic Environmental Elements 239 A. The Land and Soil 240 B. Air 248 C. Water 255 D. Plants and Trees 268 E. Animals 272 Conclusion Bibliography Index 277 281 299 viii