An Introduction to the Public and Private Debate in Islam

This study aims to determine how the right of compensation for death is transferable to the heirs. It is agreed that harming a human body should warrant compensation. Even if it does not result in financial losses, it is considered an attack on the human body. Nevertheless, the prevailing trend in positive law still hesitates to consider the harm of death in itself, a harm that requires compensation. On the contrary, we find that Islamic jurisprudence considers the matter in its natural and logical setting from a long time ago. It is decided to guarantee and compensate for bodily damages, whether they resulted from deadly or non-deadly injury, regardless of the financial losses and consequences or moral damages that result from this damage. By referring to the Jordanian civil law, it becomes clear that compensation for bodily harm is carried out according to the rules of blood money, whose provisions are derived from Islamic jurisprudence and the provisions of Western laws, especially those related to the inclusion of compensation for the actual damage in its moral and material aspects, and its elements of actual loss and lost profit, which some jurists believe. Contemporary Muslims have what supports it in the rules of compensation in Islamic jurisprudence, especially the rule that there is no harm and no foul. In this study, we address how compensation for the harm of death is transferable to heirs in legal jurisprudence and the judiciary system and how the right to compensation for the harm of death is transferable to the heirs in Islamic jurisprudence. The comparative approach between legal jurisprudence and Islamic jurisprudence has been applied, based on strengthening jurisprudential positions with judicial positions closely related to the subject. The study recommended that the Jordanian Court of Cassation amend its jurisprudence and re-consider the death damage guarantee as material compensation for independent material damage. This should be transferred to the heirs through the inheritance and is claimed under the hereditary lawsuit, as it violated the provision of Article 274 of the Jordanian Civil Code, which authorized the death damage compensation. It also violated what was followed by Islamic civil jurisprudence and comparative judiciary.

Forgiveness in Islamic Jurisprudence and its Role in Intercommunal Relations

This study delves into the ethical intricacies within Islamic jurisprudence (fiqh), with a particular focus on the integral role of the soul in realising the higher objectives of Islamic law, known as maqasid al-shariah. Drawing from classical Islamic jurisprudence and ethical philosophy, the research explores how fiqh goes beyond legal compliance to emphasise the cultivation of moral excellence, with the soul (nafs) serving as a fundamental element in this ethical pursuit. Through alignment with divine purpose, individuals contribute to justice, compassion, and societal well-being. The study offers a concise exploration of fiqh's ethical dimensions, highlighting the profound significance of the soul in the pursuit of maqasid al-shariah, which encompass the preservation of religion, life, intellect, progeny, and property. By shedding light on the ethical dimensions of fiqh and the centrality of the soul in Islamic ethical thought, this study aims to contribute to a deeper understanding of the moral foundations of Islamic law and jurisprudence, enriching contemporary discourses on ethics and jurisprudence within the Islamic tradition.

This research to explores the ethical perspectives on organ transplantation within Islamic jurisprudence, aiming to inform culturally sensitive and ethically sound healthcare practices. The review synthesizes findings from a range of scholarly sources to examine the diverse viewpoints among Islamic scholars regarding the permissibility and ethical implications of organ transplantation. Key themes include debates on issues such as brain death, organ trafficking, and the definition of death in Islamic law, as well as the influence of cultural, social, and geopolitical factors on Islamic perspectives. Insights gained highlight the importance of integrating Islamic ethics into medical education and healthcare delivery systems to promote culturally competent care. Recommendations for future research emphasize the need for comparative studies, ethnographic research, and interventions to enhance healthcare providers' cultural competence and religious literacy. By addressing these research directions, scholars can contribute to more inclusive and equitable healthcare practices that respect diverse religious and cultural beliefs while upholding ethical principles and promoting patient-centered care. Research Highlights: Diverse Perspectives: The systematic literature review reveals a spectrum of viewpoints among Islamic scholars regarding the permissibility and ethical implications of organ transplantation. Debates encompass issues such as brain death, organ trafficking, and the definition of death in Islamic law, reflecting the complexity of ethical considerations within the Islamic tradition. Cultural Influences: Cultural, social, and geopolitical factors significantly shape Islamic perspectives on organ transplantation, influencing attitudes and practices within Muslim communities worldwide. Understanding these influences is essential for promoting culturally sensitive healthcare practices and addressing the diverse needs of Muslim patients. Integration of Ethics: The review underscores the importance of integrating Islamic ethics into medical education and healthcare delivery systems to ensure culturally competent and ethically sound care. Recommendations include curriculum development, interdisciplinary collaboration, and community engagement to enhance healthcare providers' understanding of Islamic principles and values.

This chapter first presents a brief explanation about the private and the public before establishing the fundamental principle of the matter. Using two of the criteria taken by private definition as the basis of discussion, the chapter will then consider the following two axes: the prohibition against prying and the right to freedom in action. Thereafter, the chapter will consider important issues pertaining to the private sphere, such as al-amr bi al-ma‘ruf wa al-nahy ‘an al-munkar (enjoining the proper and forbidding the improper), the office of accountability (da’irat al-hisbah) and the limits of the authority of an Islamic government. Finally, the chapter will conclude with a recommendation for raising religious conscience. ‘Enjoining the proper and forbidding the improper’ is essentially the duty of people versus the state and not vice versa. ‘The office of accountability’ was a medieval institution based on a restricted and incomplete understanding of this duty. Hisbah was part of an Islamic state or theocracy, on the one hand, and a legal understanding of shari‘a, on the other – both of which are problematic. The time of hisbah is over.

The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal theory (Ushū al-fiqh) which is considered stagnant. However, the study of Ushū al-fiqh is, the initial gate to the discussion of legal reasoning which enables those who master it come up with theoretically correct rulings and hopefully responsive to the needs of the times. Discussing the thematic Islamic jurisprudence (fiqh) without going through the Ushū al-fiqh thinking framework may lead to a serious gap to the product of the thematic fiqh study. The thematic fiqh studies such as fiqh siyāsah (Islamic jurisprudence on constitution), fiqh munākahat (Islamic jurisprudence on marriage), and Islamic jurisprudence on health issues are not infrequently distorted from the actual context. This article offers a way of dealing with the gaps. In this case, the terminology presented is para-fiqh. Para-fiqh is a term to bridge the trend between the thematic fiqh studies and the stagnancy of Ushū al-fiqh study which, in turn, give birth to the antithesis in the form of thematic Ushū al-fiqh. This article employs the conceptual-doctrinal approach which seeks to present the problems of various classical literatures of the Muslim scholars. By scrutinizing the concept para-fiqh, it is hoped that: first, this article presents a universal legal argument on some particular legal themes; second, it explains the principles of Ushū al-fiqh to understand the thematic fiqh products. The findings emphasize that the para-fiqh concept is important for enriching the intellectual tradition of Muslim communities, as well as being a bridge between the gaps created by the study of Islamic jurisprudence (fiqh) and the study of Islamic legal theory (Ushū al-fiqh).Keywords: para-fiqh; thematic ushūl, thematic fiqh, Ushūl jināyat; Ushūl mu`āmalat.

Vaccine refusing and hesitant among parents has created a delicate issue for the health care providers because of its sensitivity in cultural differences, educational backgrounds and to a certain extent, politically motivated. Vaccination, which is an important intervention, correlates well with the priorities of Islamic jurisprudence (Maqasid al-Shariah); that states the preservation of life comes second after the preservation of Deen (religion). From the Islamic point of view, life is a gift from Allah Subhanahu wa Ta’ala (SWT; the Most Glorified, the Most High) and its protection and continuation is of greatest value and need. Aims: This brief article has the objective to firstly, investigate factors that influence vaccination, and secondly, understand the Islamic perspective on vaccination. Methodology: Relevant literatures were reviewed based on a combination of one or more of the following keywords: vaccine, vaccination decision, vaccine hesitancy, factors influencing vaccine, vaccine impact, Islamic perspective and Muslims practice. An Islamic perspective on vaccination was extracted using the primary sources (related Qur’anic verses and Hadith) as well as secondary sources (fatwa; Islamic jurisprudence, made by Islamic scholars). Lastly, the current available Shariah rulings on vaccination and the related principles involved were analyzed. Conclusion: The main outcome of this review would allow various parties. i.e. the community, health scientists, medical practitioners and vaccine manufacturers, to be cognizant in both earlier and recent Shariah rulings pertaining vaccination.

The aim of the study is to find out the contribution of NEO modernism trought on Islamic trough in Indonesia. This result of the study is Islamic Civilization" in this case, especially Nurcholish Madjid, considers that Islamic rationalism, which in the classical Islamic tradition emerged in the Mu'tazilite theology and Al-Kindi to Ibn Rushd's theology, then systematically became the rational theology of Muhammad Abduh. Basically Hellenistic, because that is not an Islamic genuin. Theological thought and Rational philosophy according to Islamic circles This civilization was built from the construction of Greek theories (especially Aristotle), which from an Islamic point of view, is actually quite problematic, because it is too Rational. The weakness of this Islam, according to the circles of 'Islamic Civilization because they lack in providing an equilibrium in religious life, which is practical and direct to the daily appreciation of God.

This article examines Morocco’s evolving legal and ideological framework, focusing on the interplay between Islamic jurisprudence (sharīʿa) and state-governance (siyāsa) in shaping national identity and political legitimacy. It argues that Morocco’s legal development exemplifies an adaptive model of modernity, grounded in Islamic tradition yet responsive to contemporary governance challenges. Rather than applying a Weberian or secular-modernist lens, the study engages with the thought of Moroccan intellectuals Mohammed al-Jabri and Abdallah Laroui, whose reflections on rationality, tradition, and postcolonial identity offer a critical framework for interpreting legal transformations. Adopting a historical-philosophical approach, the article analyses how concepts such as turāth, iṣlāḥ, and ijtihād are mobilized to negotiate the relationship between religious legitimacy and state authority. These tools enable a dynamic reinterpretation of Islamic legal heritage in service of modern state-building. The findings suggest that reforms are not merely technocratic adjustments, but part of a broader ideological project to articulate a culturally and ethically grounded modernity. The article concludes with a reflection on Morocco’s digital transformation as a contemporary site where Islamic political principles, such as ethical responsibility and communal welfare, are selectively reactivated. This case illustrates the potential of Islamic normative traditions to inform emerging governance challenges in postcolonial Arab-Muslim contexts.

The ‘God Gap’ in International Humanitarian Law: Lessons Learned from Islamic Jurisprudence

During a 1995 meeting of the Islamic Organization for Medical Sciences [IOMS] medical experts and Islamic jurists deliberated on “Judically (sic) Prohibited and Impure Substances in Foodstuffs and Drugs.” The seminar resulted in the religious declaration that “gelatin formed as a result of transformation…of a judicially impure animal (e.g. pig)…is permissible to (consume).” This verdict was disseminated to health policy stakeholders by the Regional Office of the World Health Organization for the Eastern Mediterranean, so as to “relieve all Muslims…from the embarrassment they feel” when taking medicines with gelatin-based products. More than a decade later in 2009, the Indonesian Ulema Council (MUI) issued a religious verdict, fatwa, declaring the GlaxoSmithKline meningitis vaccine to be impermissible, haram, as a result of the vaccine having porcine gelatin components. This judgment caused an uproar within the pharmaceutical industry and the Indonesian health ministry, as not only was a multi-million dollar market at stake, but the ability of Indonesians to fulfill the religious rite of the Hajj, for which the vaccine is required, was at-risk. The following year the MUI issued another fatwa declaring meningitis vaccines produced by Novartis and Tian Yuana to be porcine-free and thus halal.In this paper we apply a policy-oriented, applied Islamic bioethics lens to the Islamic bioethical deliberations around the use of vaccines with porcine components. We will illustrate areas of an incomplete dialogue between the biomedical community, the Islamic jurist community, and the health policy community that contribute to misunderstandings and misappropriation of Islamic juridical concepts and rulings. As we analyze these arguments, we will discuss how the biomedical community can help inform about the usage and definition of the concepts of istihala (transformation) and darurah (necessity), as used by jurists in their verdicts. We will then highlight how understanding the roles of the hakim (state authority), the differences between tayyib (pure and good) and halal (permissible), and between the normative ideal and contingent ruling within Islamic ethico-legal debate, can inform the biomedical and health policy communities about the application of Islamic bioethical verdicts. In this manner, we hope to contribute to efforts aimed at an engagement between science and religion where health promotion is valued, while fidelity to Islamic ethico-legal tradition is maintained. A continued dialogue in the encounter between the Islamic tradition, globalized medicine, and public health will enable Islamic legists to develop an enhanced technoscientific image, and will facilitate health actors to gain greater literacy with the pluralistic Islamic ethico-legal tradition, such that Islamic verdicts and health policies better meet the needs of Muslim communities.

Understanding how classical jurists thought about time is essential for us to fully understand the nature of legal demands, responsibility, and choice in the Islamic legal tradition. Despite its importance, the idea of time in Islamic legal thought remains largely unexplored, although there has been some interest in the concept of time in Islamic philosophy and philosophical theology. The Islamic legal tradition is profoundly concerned with time and advanced its own set of reflections on time. Islamic jurisprudents, I argue in this paper, understood time in moral terms, not as a neutral container or mere background action, but as a series of opportunities in which the authority of divine revelation and human moral reasoning are articulated. That is not to say that they did not understand time to contain action, which, we will see below, is an understanding that is reflected in the thought of some jurisprudents more clearly than others, but that time was not a neutral linear progression from past to present into the future. It is rather a series of differently conceptualized moral opportunities that attached to and informed human action in response to the demands placed on it by divine revelation. A critical question that classical jurisprudents did debate was how we undertake our duties when divine commands give only general guidelines in relation to time or no time-specific determinations at all. Does a mere divine command evoke a necessity for immediate performance (ʿalā l-fawr), or is there a moral justification for a relaxed or postponed performance (ʿalā l-tarākhī)? Implicit within these questions, I contend, is a concern for how divine speech, mediated by the work of jurisprudents, should be seen to interfere with and order human time in their life on earth.

This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic debate on whether maqasid is a philosophy or a method. The research tries to argue that masaqid moved from philosophy to method in order to revitalize the methods of inference in Islamic Jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on Shatibi (d.14 century A.D) onwards. The latter's legal acumen is widely accredited with propounding a full-fledged theory on maqasid. In the second part of the research, we addressed the second problem which is the inadequancy featuring recent attempts by modern Muslim scholars and writers to formulate new concepts and present them as universal objectives of Islamic Jurisprudence. The research dealt critically with these new concepts, concluding that they have not been methodologically confirmed or proven as they are simply attributes of Islamic law but not necessarily the ultimate ends Shari'ah.

Despite their demonstrable importance for financial sector development, derivatives are few and far between in countries where capital market transactions are governed by Islamic law (shari’ah). This chapter explores the validity of the risk shifting proposition of derivatives in accordance with fundamental legal principles of the shari’ah and summarizes the key issues related to the prohibition of excessive uncertainty (gharar), speculative behavior (maisir) and unilateral enrichment without the creation of real values under Islamic jurisprudence (fiqh al-muamalat) which have circumscribed the use of derivatives. The chapter also presents a classification scheme of existing shari’ah-compliant derivatives, whose characteristics inform general axioms for the permissibility of certain types of contracts.

The leading preventable cause of fatality in contemporary society is smoking. In Islamic law, smoking is inextricably linked to the examination of the Qur'an, Hadith, and Ijtihad. This literature review examines the intricate convergence of smoking repercussions and Islamic jurisprudence, delving into the varied viewpoints concerning this matter within the Islamic tradition. This research examines fundamental Islamic scriptures, such as the Al-Quran, Hadith, and Ijtihad, in order to reveal the diverse array of principles and perspectives that influence Islamic perspectives on smoking. A spectrum of perspectives exists within Islamic jurisprudence regarding smoking, ranging from permissibility to prohibition, according to a synthesis of the relevant literature. The research emphasizes the complex correlation between smoking and Islamic ethics, taking into account elements such as personal accountability and health repercussions. Furthermore, the analysis discerns significant themes and recurring arguments that influence the varied viewpoints on smoking in Islamic thought as presented in the literature. In summary, this literature review highlights the intricacy of the matter through its provision of an all-encompassing examination of the varied viewpoints concerning the repercussions of smoking within the realm of Islamic jurisprudence. The results of this research enhance our comprehension of the ethical implications and difficulties linked to smoking in an Islamic framework. As a result, policymakers, practitioners, and scholars in the disciplines of health and religious studies will gain invaluable knowledge from these results.