al-Ahkam al-Shariyya al-Mutaalliqa bil-Waba wal-Taun maa Dirasa Fiqhiyya lil-Ahkam al-Mutaalliqa bi-Fayrus Corona
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al-Ahkam al-Shariyya al-Mutaalliqa bil-Waba wal-Taun maa Dirasa Fiqhiyya lil-Ahkam al-Mutaalliqa bi-Fayrus Corona (Legal Rulings Related to Epidemics and the Plague, with a Jurisprudential Study of Rulings Pertaining to the Coronavirus) is a contemporary treatise on Islamic jurisprudence by the Bahraini scholar Haytham al-Hamri concerning the legal rulings governing contagious outbreaks, plagues (ta'un), and epidemics (waba'), with specific application to the COVID-19 pandemic.
Background and Purpose
The author completed the treatise in Bahrain on Wednesday, 9 Rajab 1441 AH (4 March 2020 CE), at the initial stages of the international spread of the novel coronavirus after its emergence in China. He authored the work in response to the pressing need for legal clarification and the scarcity of dedicated literature on the issue at the onset of the outbreak, aiming to offer an abridged guide for questioners and provide a starting point for further scholarly inquiry.
Structure and Content
The book consists of an introduction, four main chapters (fusul), and a concluding summary of findings:
- Chapter One: The Reality of Plague and Epidemics, Their Virtues, and Related Matters: This chapter examines the definitions of disease, epidemic (waba'), and plague (ta'un). It outlines two classical scholarly approaches to defining ta'un: a general definition encompassing any widespread, fatal infectious disease, and a specific definition restricting it to fatal infections causing skin sores, pustules, and swollen glands. The author reviews classical medical definitions, such as those of Ibn Sina, alongside modern definitions by organizations such as the World Health Organization, and addresses whether the novel coronavirus legally qualifies as a plague (ta'un) or a general epidemic (waba').
- Chapter Two: Rulings Concerning Lands Afflicted by Plague and Epidemics: This chapter discusses the prohibition against fleeing from or entering an afflicted land based on prophetic hadiths. It clarifies the distinction between leaving a land out of flight and leaving for a legitimate necessity, such as medical treatment, trade, or study. It also examines the ruling on exiting when medically proven to be uninfected, as well as the scriptural protection of Medina from plague as opposed to general epidemics, and the status of Mecca.
- Chapter Three: Means of Repelling and Lifting the Plague and Epidemics: This chapter covers devotional and supplication practices during crises, including the permissibility of supplicating for the removal of the affliction and the legality of performing the crisis supplication (qunut al-nawazil) in congregational prayers. It argues against innovated collective rituals, such as coordinating synchronized prayers or chants from homes.
- Chapter Four: Selected Jurisprudential Rulings Related to Epidemics and Plagues: This chapter addresses contemporary juristic questions arising from the epidemic, including conditions for abstaining from Friday and congregational prayers, postponing or restricting the pilgrimages of Hajj and Umrah in cases of verified harm, relying on medical experts to evaluate health risks, and wearing face masks during prayer when needed.
Main Conclusions
The author concludes that ta'un (plague) refers specifically to a distinct type of fatal glandular infection described in prophetic texts, whereas waba' (epidemic) denotes any general, widespread disease; consequently, COVID-19 is classified as an epidemic (waba') rather than a theological plague (ta'un). Unlike the plague, which carries absolute prohibitions on entering or fleeing, the legal restriction on moving in and out of epidemic zones is contingent on the actual presence or prevention of harm (darar). He also affirms the legitimacy of supplicating for the lifting of epidemics through qunut in mosques and permits wearing protective face coverings in prayer when necessary.
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