al-Muftirat al-Tibbiyya al-Muasira: Dirasa Fiqhiyya Tibbiyya Muqarana
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- Editions
- Dar al-Haqiqah al-Kawniyyah lil-Nashr wa-al-Tawzi
al-Muftirat al-Tibbiyya al-Muasira: Dirasa Fiqhiyya Tibbiyya Muqarana (Contemporary Medical Invalids of Fasting: A Comparative Juristic and Medical Study) is a contemporary treatise on Islamic jurisprudence by Abd al-Razzaq ibn Abd Allah ibn Ghalib al-Kindi, examining modern medical procedures and their impact on fasting .
Background and Purpose
The work originated as a doctoral dissertation submitted to the Kulliyyah of Islamic Revealed Knowledge and Human Sciences at the International Islamic University Malaysia (IIUM), where it was recommended for publication . It was published in Riyadh by Dar al-Haqiqa al-Kawniyya in 1435 AH (2014 CE) .
Al-Kindi undertook the study to address contemporary novel issues (nawazil) concerning individual acts of worship, noting that earlier treatments—including the brief overview presented at the tenth session of the International Islamic Fiqh Academy—had addressed the subject only summarily without comprehensive academic comparative research . He also aimed to address an observed tendency toward unwarranted strictness among some muftis who claimed precaution in worship, seeking instead to highlight the legal latitude and mercy inherent in Islamic jurisprudence through juristic characterization (takyif fiqhi) across the four Sunni schools .
Structure and Contents
The book consists of an introduction, three chapters, and a conclusion :
- Introduction: Covers the research problem, objectives, justification, methodology, and outline .
- Chapter One: Discusses methodological definitions of terms, the importance of studying novel issues related to fasting, conditions and qualifications for issuing legal verdicts (fatwa) on novel matters, the relationship between jurisprudence and medicine, and the legal ruling on seeking medical treatment (al-tadawi) .
- Chapter Two: Examines the classical principles established by jurists regarding the invalidators of fasting, including points of consensus and disagreement, restrictive versus expansive juristic approaches, the definition and bodily criteria of the body cavity (al-jawf) according to both jurists and medical professionals, and the general standard for identifying invalidators .
- Chapter Three: Categorizes and analyzes specific contemporary medical treatments across four distinct sections:
- Substances entering through facial orifices: including asthma inhalers, oxygen gas, anesthetic gases, toothpaste and oral rinses, gastroscopy, nasal drops, ear drops, eye drops, and sublingual tablets .
- Substances entering through the skin via penetration or absorption: including intramuscular, subcutaneous, and intravenous injections; blood transfusions; peritoneal dialysis; laparoscopy; arterial catheterization; and topical ointments, creams, and medicinal patches .
- Substances entering through the reproductive and excretory tracts: covering female reproductive tract entries, urinary tract interventions, and rectal administration .
- Substances exiting the body: including hemodialysis, blood donation, blood draws for laboratory tests, and liposuction .
- Conclusion: Summarizes findings and recommendations, followed by bibliography and appendices .
Method and Sources
The author employs inductive, descriptive, analytical, and comparative methods . On the juristic side, the study relies on the authoritative texts of the four schools of jurisprudence as well as major comparative reference works such as al-Nawawi's al-Majmu' and Ibn Qudama's al-Mughni .
For medical grounding, al-Kindi conducted field research in university, specialized, and central hospitals, conducting and documenting interviews with seventeen consultant and specialist physicians—including Muhammad Ali al-Bar, Khalid Shamih al-Humayd, and Sa'id ibn Umar al-Amudi—in addition to corresponding with two others and drawing on specialized medical literature . Each procedure is first conceptualized medically, then evaluated against classical juristic principles to derive and weigh legal rulings .
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