Ahkam al-Jiraha al-Tibbiyya wa al-Athar al-Mutarattiba Alayha
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Ahkam al-Jiraha al-Tibbiyya wa al-Athar al-Mutarattiba Alayha ("Rulings on Medical Surgery and Their Resulting Consequences") is a contemporary comparative jurisprudence work by the jurist Muhammad ibn Muhammad al-Mukhtar al-Shanqiti, analyzing the legal status, ethical boundaries, procedural steps, and liabilities associated with surgical operations in Islamic law .
Background and Composition
The book originated as a doctoral dissertation submitted to the College of Sharia at the Islamic University of Madinah, supervised by Muhammad ibn Hammud al-Wa'ili . Al-Shanqiti had initially intended to edit a portion of Ibn Abd al-Barr's al-Istidhkar, but he changed his topic to medical surgery and its legal rulings after consulting several of his teachers . The dissertation was defended and awarded first-class honors with a recommendation for publication, and it subsequently won the Madinah Award for Scientific Research .
Structure and Scope
The work is organized into an introduction, four main parts (abwab), and a conclusion :
- Introduction: Discusses the reasons for choosing the topic, its importance, the research outline, the methodology, and the challenges encountered .
- Part One: Definition of Medical Surgery: Divided into three chapters covering the lexical and technical definitions of surgery, medicine, and modern surgery; the history of surgery in ancient times and the contributions of Muslim physicians; and the Islamic legal ruling on learning and practicing medicine and surgery, along with the conditions of permissibility .
- Part Two: Permissible and Prohibited Surgery: Divided into two chapters. The first examines permissible surgical interventions—therapeutic surgery, diagnostic and exploratory surgery, obstetric surgery, circumcision, anatomical dissection and autopsy, and necessary reconstructive cosmetic surgery . The second chapter addresses prohibited surgeries, including purely elective cosmetic procedures, sex reassignment surgery, and unwarranted preventive surgeries .
- Part Three: Pre-Surgical Preparations and Surgical Procedures: Divided into two chapters. The first treats preparatory stages, such as medical examinations, diagnosis, patient consent and authorization, and anesthesia . The second treats specific surgical procedures, including cutting, organ excision, incisions, organ transplantation, trepanning and puncture, uterine dilation and curettage, limb reattachment, artificial organ implantation, repair (ratq), cauterization, and suturing .
- Part Four: Liability and Surgical Legal Inquiries: Divided into two chapters. The first examines legal liability, including its pillars, divisions, ethical responsibilities, and professional medical malpractice . The second chapter analyzes specific legal questions arising from surgery, including dispensations in acts of worship, conditional stipulations, surgical emergencies, rulings on severed bodily parts, anesthesia complications, and hiring contracts for surgical procedures .
- Conclusion: Summarizes the primary findings of the study .
Methodology and Key Rulings
Al-Shanqiti's method involves presenting preliminary medical concepts before deriving rulings, citing the juristic maxim that "judging a matter is contingent upon conceiving it properly" (al-hukm 'ala al-shay' far'un 'an tasawwurihi) . When direct textual evidence (nusus) is absent, he applies established legal maxims (qawa'id fiqhiyya) to contemporary surgical procedures . For disputed issues, both classical and contemporary opinions are presented alongside their evidence before selecting the preferred position (tarjih) with justification .
Among the principal findings formulated in the book:
- Learning, teaching, and practicing medical surgery is a communal obligation (fard kifaya) .
- The permissibility of performing surgery requires eight conditions: the operation must be legally permissible; the patient must need it; the patient must give consent; the surgeon and team must be professionally qualified; the surgeon must predominantly expect success; no less invasive alternative must exist; the procedure must yield an intended benefit; and the surgery must not cause greater harm than the disease itself .
- Legitimate surgeries are categorized based on degrees of necessity: essential necessities (daruriyyat), urgent needs (hajiyyat), or minor needs (sughra) .
Publication History
The work has been published in multiple editions:
- First edition published by Maktabat al-Siddiq in Ta'if (1413 AH) .
- Second edition authorized by the author and issued by Maktabat al-Sahaba in Jeddah (1415 AH / 1994 CE) .
- Third edition published by Matabi' Mu'assasat al-Madina (1418 AH / 1997 CE) , as well as by Maktabat al-Sahaba in Sharjah (1424 AH) .
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