Disability in Islamic Law1 When I completed my book Islamic Medical Ethics in the Twentieth Century , I was aware that I had omitted certain topics that I would have to return to. One of these was the ethical treatment of disabilities and the disabled, and of handicaps and the handicapped. Since responses to burning medical dilemmas within the wide field of medical ethics was the main focus of that book, it addressed ethical aspects of the doct- patient relationship, and contemporary Islamic debates on issues such as birth control and abortion, artificial insemination, organ transplants, postmortem exa- nations and euthanasia. The main source material was 20th-century fatwas (legal responses) issued by various Middle Eastern muftis. In this book I now wish to survey attitudes to the disabled and their disabilities as evinced by selected Sunni and Shi‘i legal compilations throughout 1400 years of scholarly Islamic activity, but also through contemporary fatwas. The sources used for this book are a selection of medieval as well as modern legal writings, medical books and articles in Arabic, books and articles on medicine from an Islamic religious point of view, Prophetic medicine, and the Qur’an and medicine. I have scrutinized all these for their consideration of people with disabilities, and for the behavioral or social adjustments these people were offered, mainly through legal rulings. |
Contents
People with disabilities and the performance of religious duties | 19 |
People with disabilities and jihad | 41 |
The Khuntha | 69 |
Summary | 93 |
Notes | 135 |
Bibliography | 155 |
169 | |
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Abd Allah ability abortion Abu Hanifa according Ahmad al-Azhar al-Din al-Fiqh al-Islami Al-Ghazali Al-Hilli al-Islamiyya Al-Jaziri Al-Liwa al-marid Al-Shirazi Al-Zamakhshari Allah Allah PBUH amputation attitudes Beirut blind body break the fast Cairo caused claim compensation crime criminal disabled person disease divorce dower exempt explains faskh fatwa fetus fidya fiqh full diya hadith hajj Hanafis Hanbalis hand handicapped harm healthy hudud hukumat husband Ibid Ibn Qudama imam impairment insane intercourse Islamic law Islamic societies Jad al-Haqq jihad junun jurists khuntha mushkal killed lame Mahmud mahr majnun Maktabat Malikis marid marital marry mental Messenger of Allah mufti Muhammad Muslim one’s organs perform the hajj perform wudu Pickthall pray prayer pregnancy Prophet qada qadi qisas Qur'an Ramadan regard religious duties render Riyad rule sanity scholars sexual Shafi'is Shari'a Sheikh Shi'i sick social spouse suffers talaq tayammum tion unna urine vagina verse wife woman women wudu zakat