القواعد الفقهية المتعلقة بمكافحة الأمراض المعدية والوقاية منها : دراسة تحليلية في الفتاوى الصادرة في ماليزيا

Abstract

Islamic legal maxims (al-qawa'id al-fiqhiyyah) constitute a crucial foundation in Islamic jurisprudence. They emerged as an independent discipline in the fourth century AH and have evolved through authorship and research until our present time. This study aims to identify the legal maxims related to combating and preventing infectious diseases, while clarifying the nature of these diseases and explaining how Islamic law addresses them. The study also seeks to examine the applications of these maxims in fatwas concerning infectious disease control in Malaysia. The researcher employed both inductive and analytical methodologies, given the multiplicity of legal maxims related to infectious disease control and the numerous fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils on this matter. The researcher selected a curated collection of these fatwas for study and analysis. The study identified the fundamental legal maxims relevant to combating infectious diseases and their implementation mechanisms in specialized fatwas. Among the most prominent of these maxims is "There should be neither harm nor reciprocating harm" (lā ḍarar wa-la ḍirar), which has been applied in various contexts, including the suspension of activities in mosques and prayer halls during the COVID-19 pandemic and in fatwas concerning vaccination rulings. Another significant maxim is "The ruler's decisions regarding his subjects are governed by public interest" (tasarruf al-imam ʿala al-raʿiyyah manuṭ bil-maṣlaḥah), which has been applied in cases such as the fatwa on embalming bodies of those who died from infectious diseases for international transport purposes. The study concluded with a comprehensive presentation of the legal maxims and their applications in fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils, highlighting the importance of these maxims in addressing contemporary issues related to infectious diseases