Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan

In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a...

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Main Authors:	Abdul Hak, Nora, Md Hashim, Noraini, Che Soh @ Yusoff, Roslina
Format:	Article
Language:	English
Published:	Human Resource Management Academic Research Society (www.hrmars.com) 2019
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/1/72778_Protecting%20the%20Health%20of%20Children%20by%20Mandating.pdf

id	iium-72778
recordtype	eprints
spelling	iium-727782019-06-25T07:56:34Z http://irep.iium.edu.my/72778/ Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan Abdul Hak, Nora Md Hashim, Noraini Che Soh @ Yusoff, Roslina K Law (General) KBP Islamic Law In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a need to have the Malaysian children vaccinated as vaccination is proven to prevent infection. The association took a serious view of the recent cases of diphtheria, which had not appeared in Malaysia for a long time. What is more worrying is the fact that more children in Malaysia are falling victim to contagious diseases as parents reject immunization programs for fear the vaccines used infringe strict religious rules. In Islam, the stringent halal requirement can be waived if suitable vaccines are not available. By applying the principle of Islamic jurisprudence, although the vaccines contain a composition that is not permissible in Islam, for a reason of protection of health of children, it may be used for vaccination. There is an usuli principle of istihsan, which authorizes departure from an established ruling in favor of a different ruling as the latter is considered better on the basis of the Qur‘an, Sunnah, Ijma’, custom, necessity or maslahah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur‘anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principle of usul fiqh. The aim of this paper is to discuss the views of Muslim jurists on the application of istihsan as to whether or not vaccination and immunization should be made compulsory in order to protect the health of children in Malaysia. Human Resource Management Academic Research Society (www.hrmars.com) 2019-05-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/72778/1/72778_Protecting%20the%20Health%20of%20Children%20by%20Mandating.pdf Abdul Hak, Nora and Md Hashim, Noraini and Che Soh @ Yusoff, Roslina (2019) Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan. International Journal of Academic Research in Business and Social Sciences, 9 (5). pp. 432-440. E-ISSN 2222-6990 http://hrmars.com/index.php/papers/detail/IJARBSS/5885 10.6007/IJARBSS/v9-i5/5885
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Abdul Hak, Nora Md Hashim, Noraini Che Soh @ Yusoff, Roslina Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
description	In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a need to have the Malaysian children vaccinated as vaccination is proven to prevent infection. The association took a serious view of the recent cases of diphtheria, which had not appeared in Malaysia for a long time. What is more worrying is the fact that more children in Malaysia are falling victim to contagious diseases as parents reject immunization programs for fear the vaccines used infringe strict religious rules. In Islam, the stringent halal requirement can be waived if suitable vaccines are not available. By applying the principle of Islamic jurisprudence, although the vaccines contain a composition that is not permissible in Islam, for a reason of protection of health of children, it may be used for vaccination. There is an usuli principle of istihsan, which authorizes departure from an established ruling in favor of a different ruling as the latter is considered better on the basis of the Qur‘an, Sunnah, Ijma’, custom, necessity or maslahah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur‘anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principle of usul fiqh. The aim of this paper is to discuss the views of Muslim jurists on the application of istihsan as to whether or not vaccination and immunization should be made compulsory in order to protect the health of children in Malaysia.
format	Article
author	Abdul Hak, Nora Md Hashim, Noraini Che Soh @ Yusoff, Roslina
author_facet	Abdul Hak, Nora Md Hashim, Noraini Che Soh @ Yusoff, Roslina
author_sort	Abdul Hak, Nora
title	Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
title_short	Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
title_full	Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
title_fullStr	Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
title_full_unstemmed	Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan
title_sort	protecting the health of children by mandating vaccination and immunization: an application of usuli principle of istihsan
publisher	Human Resource Management Academic Research Society (www.hrmars.com)
publishDate	2019
url	http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/ http://irep.iium.edu.my/72778/1/72778_Protecting%20the%20Health%20of%20Children%20by%20Mandating.pdf
first_indexed	2023-09-18T21:43:10Z
last_indexed	2023-09-18T21:43:10Z
_version_	1777413275019902976

Protecting the health of children by mandating vaccination and immunization: an application of usuli principle of Istihsan

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