المفطرات الطبية المعاصرة : رؤية فقهية

Abstract

This study deals with contemporary medical issues having bearings on validity and invalidity of fasting. In doing so, it articulates these issues in the light of both modern medical perspective and correct juristic paradigm within the framework of both past ijtihad and its contemporary continuation. The research has expounded the importance of studying contemporary medical invalidating factors of fasting; the conditions of passing fatwa about them; the entitlement for giving fatwa about them, and dealing with them by undertaking ijtihad in such away that would relate the juridical dictum with the findings of modern medicine in the field. Accordingly, it has made the Shariah rulings plain on such issues so that the people could perform their rituals in a proper manner. Further, it has resolved the problem of rigid stand taken by most jurist consults on defining the invalidating factors of fasting on consideration of being cautious in matters of worships due to several reasons including: inability to perceive their true nature; lack of research on the unarticulated contemporary invalidating factors of fasting; and the want of endeavor to complement the unstudied issues in the light of correct juristic paradigm and precise medical outlook. To accomplish the above, the researcher used four methods namely, inductive approach for the collecting the data on contemporary medical issues involving the invalidating factors of fasting in all their spectrums; the descriptive method in order to present and put them in perspective based on the current state of the knowledge in the field of medicine; analytical approach with the idea of analyzing the details of the study in accordance with scientific method for reaching at fact finding and result constructions; and lastly, the comparative method for evaluating the fiqhi positions vis-à-vis the medical findings within the overriding ijtihad cum Shar`i outlook to clear doubts and fix the shari` rulings. The study arrived at great deal of conclusions, topmost among them is the need for the participation of medical experts in the formulation of fatwa on medical issues as the validity of the shar`i rulings based on the past juridical postulates with medical dimensions is no longer tenable if viewed from the modern medicine`s perspective. For instance, if we apply the juristic criterion of “ entry of any food and drinks or whatever serves such purpose into the body” as one of the most obvious invalidating factors of fasting, on a host of contemporary medicinal things, they cannot be regarded to have the same effects, such as asthma inhaler, injections, medicinal ointments, mustard plasters, eye, nose and ears drops and the likes.