Professional Documents
Culture Documents
SYSTEM
BY SHSAHB
THE FIRST ISSUE
Question
a) The use of service of “Doula” in home birth
method
2. Doula Labor - Doulas are in constant and close proximity to the mother, they
have the ability to provide comfort with pain relief techniques, message and
labouring position.
•However, childbirth incidents that resulted in the deaths of two mothers in 2013
and two babies in 2016 and 2018, have highlighted a worrying tend which was
associated with non-medical expert known as Doula.( The Star news)
•Some Doulas are considered to be extreme in their approach for example the
Doula not only advising the mother on basic pregnancy matter but to the extent of
medical matter.
EXAMPLE NEWS REGARDING DOULA
MAQASID SYARIAH :
Protection of life
Ibn Ashur (2006) defined protection of life as safeguarding it
from anything that can cause damage, whether involving life
of an individual or mankind as a whole.
Protection of life can be seen from the aspect of fulfilling
basic needs of human itself, which are physical, spiritual,
moral, social needs as well as avoiding life-threatening
situation.
Authorities
The prophet also stated that in one of his hadith,
“Verifly, your blood, your property, and your honour, are all sacred”
[Bukhari and Muslim]
The Prophet Hadith had clearly explained that Islam comes to prevent harm in all its forms
and prohibits causing harm to others whether in the form of dignity, life, mental or property.
In this context its means that a pregnant woman who refuse to give birth at the hospital due
to the issue of aurat is not valid reason as one’s life takes precedence.
This statement is supported by one of the principle of Shariah states that a particular harm
shall not be removed by inflicting another.
1. Whoever cures and is unknown from (unskilled) medical knowledge, then he is responsible (for whatever happens). (Abu
Daud, No. 2633)
c) http://thesundaily.my (Newspaper)
THE SECOND ISSUE
https://www.theguardian.com/commentisfree/belief/2011/nov/04/polio-
vaccination-pakistan
Authorities – Mufti Kelantan
Kelantan Mufti Mohamad Shukri Mohamad (2016) in Free Malaysia Today, taking
vaccination that contained prohibited substance such as pig flesh is allowed in Islam.
Health Minister Dr S Subramaniam reportedly that the amount of patient getting
caught by measles and rashes diseases increases due to the rejection of getting
vaccination that may contain pig DNA.
Reason: It is the only way to save the society.
Why? : Because the requirement is part of ‘al-Wiqoyah’, which is a method of
healthcare in Islam
http://www.freemalaysiatoday.com/category/nation/2016/05/10/mufti-
vaccine-with-haram-substances-permissible-in-islam/
Authorities – Croat Med J
Croat Med J (2016) as cited in Grabenstein JD, stated that based on law of necessity,
it is permissible to take vaccination that has prohibited substance such as gelatin from
haram animal as in pig.
Reason: Crucial for medical purpose
Why? : To protect someone’s life which is to prevent harm for the sake of public’s
interest.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5141457/#R31
Authorities – vaccinesafety.edu
Based on Croat Med J (2016), why such allowance exist is because to protect life of
human.
People do not deserve to get infected by any malicious diseases because life is
essential and valuable to everyone
Hence an early prevention is encourage by law even in Islamic perspective.
As in the principles of Syariah, “A particular harm shall not be removed by inflicting
another harm”.
Based on Abusaifillah (2013), he stated that human have obligatory to protect each
other life by providing basic need of the society such as shelter, food or medication.
This is because, we need such cooperation to achieve a social solidity within the
society.
In (Surah Al-Baqarah : 173), … But if one is forced by necessity without willful
disobedience nor transgressing due limits, then there is no sin on him. Truly,
Allah is Oft-Forgiving, Most Merciful.
Moreover, in (Surah Al-An’am : 119), …the same case is with using wine in
certain medicines. If there is no alternative medicine that keeps one's life except
medicines that include wine in their ingredients, it is acceptable to use these
medicines. This asserts the importance human life in Islam.
Conclusion
Hence, vaccination is one of the basis of human because it is a weapon in order to
ensure the continuity of life of people around the world because life is the greatest
gift from Allah SWT to his servant for them to perform ibadah to Him.
As according to Deputy Health Minister Datuk Seri Dr Hilmi Yahaya, vaccination
among child because it is the safest immunity for any infectious diseases.
http://www.vaccineconfidence.org/malaysia-health-ministry-debunks-claims-of-pig-
dna-in-vaccine/
THE THIRD ISSUE
BRIEF HISTORY OF
VALENTINE’S DAY
Gradually, February
14 became a day to His secret was then
Legend says before his uncovered and he
celebrate love, execution, Valentine left a
exchange love was arrested and set
farewell note to his friend, to a death sentence
messages, poems, the jailer’s daughter,
and gifts. on February 14.
which was signed “From
your Valentine”.
Islamic perspective on Valentine’s Day
However, Islam does not forbid love and affection, but the best way is through marriage
to ensure privacy, morals, and secure lineage.
Love between families, friends and married people does not need to be celebrated on a
day with such un-Islamic origins.
Whether the banning of Valentine’s Day is
in line with Maqasid Syariah?
1. Protection of al-Din
2. Protection of Dignity or Lineage (al-’Ird)
Protection of al-Din
Protection of al-din (religion) is vital and obligatory among all Muslims at a personal level and at every level.
In a wider scope, protection of al-din involves defending the Islamic faith especially from the enemy of Islam,
which can be done through various means such as in writings, speeches and other practical means.
“And fight in the Way of Allah those who fight you, but transgress and not the limits. Truly, Allah likes not the
transgressors.”
- Al-Baqarah: 190
“And fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah) collectively,
as they fight against you collectively. But know that Allah is with those who are al-Muttaqun (the pious).”
- Al-Taubah: 36
In this case, the celebration of Valentine’s Day is a way for the non-Muslims and the
enemies of Islam to lead the Muslims astray from their Islamic faith and religious
teachings.
The non-Muslims have encouraged and exposed the celebration of this day to Muslims in
such a way that seems inviting to Muslims.
This will eventually lead the Muslims to commit sin and adultery in the nature of non-
Muslims when the al-Quran and hadith of the Prophet SAW has reminded Muslims to
stay away from evil (munkar).
Muslims have a duty to protect the sacred religion of Islam from the non-believers and
ensure the Islamic teachings are as stated in the al-Quran and sunnah.
Protection of Dignity
In order to protect the dignity of mankind, Islam has enacted certain guidelines which
includes prohibiting its followers from accusing others of mischief (e.g: committing
adultery)
An unmarried couple is prohibited from mixing freely with eachother, and they are not
allowed to have unnecessary contact.
To protect Muslims from evil deeds and protect their dignity, Islam encourages its
followers to enter into marriage contract.
The Prophet Muhammad SAW has said in a hadith:
“O Youth! Those of you who have the means to get married shall do it, as it is better to
protect your eye and your desire, as for those who are unable to do so, he shall fast as it is
a protection for you.”
In this case, the celebration of Valentine’s Day is dangerous to the dignity of Muslims as it
encourages the free-mixing between unmarried couples which eventually leads to sin.
As stated in Surah Al-Nur verse 2;
“The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred
stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe
in Allah and the Last Day. And let a party of the believers witness their punishment.”
Muslims who get too carried away with Valentine’s Day will also follow the culture of non-
Muslims to be affectionate with their partners when it is clearly stated in the Al-Quran that it is
forbidden for unmarried couples to have unnecessary contact.
CONCLUSION
An Nahl : 58-59
and when one of them is informed about
Introduction the birth of a daughter, his face becomes
dark, he suppresses grief. He hides
himself from the people with thought
should he keep in humiliation or bury it
in the ground? Thus, evil is what they
National Fatwa Committee , 1981 decided
and 2003
Madeleine Yong, founder of Protect
Baby born out of the wedlock in
and Save The Children :
Islamic perspective is the baby that
Between 2010-2016, there were about
born less than 6months Qamariah
700 babies were dumped in Malaysia
(Islamic Calendar) on the result
alone.
from adulterer of unmarried couple
Authorities
By Al-Quran
At-Takwir : 8-9
Al-Isra : 31
And when the girl (who
“Kill not your children for fear of
was) buried alive is asked
want: We shall provide sustenance Al-Anm : 151
for what sin she was killed
for them as well as for you. Verily
the killing of them is a great sin. Kill your children on a plea
of want, we provide
sustenance for you and for
them
Al-Isra : 33
An-Nisa : 93
And do not kill the soul which Allah has Al-Maaidah : 32
forbidden, except by right. And whoever is If a man kills a Believer
killed unjustly - We have given his heir intentionally, his recompense is Killing a human can be
authority, but let him not exceed limits in Hell, to abide therein (for ever) considered as killing of
[the matter of] taking life. Indeed, he has the whole of mankind
been supported [by the law].
Authorities
**Narrated Abu Hurairah (may Allah be pleased with him),
Hadith
Allah’s Messenger kissed Al-Hasan ibn `Ali while Al-Aqra`
ibn Habis At-Tamimi was sitting with him . Al-Aqra` said, “I
have ten children and have never kissed one of them.” The
Prophet cast a look at him and said, “Whoever is not merciful
to others will not be treated mercifully.” (Al-Bukhari)
Protection of Life
Islamic law promotes protection of life to all human kinds including children, stated clearly in
surah Al-Maidah;32 and surah An-Anm: 151.
Islam prohibits killing a person without any legal reason or right and enjoins retaliation (qisas)
for one punishment for murder; Al-Isra: 33 and An-Nisa: 93.
This had proven that Islamic law urges the Muslims to always to be merciful and loving to
small infants and children, and dumping the baby that born out of the wedlock is not a mercy
Conclusion
The verse of the Quran and the Hadith of the Prophet clearly prohibit
any act that may harm a baby in general, does not matter about the
status of the baby.
The Quranic provision also the other authorities clearly and strictly
prohibits infanticide & killing of children, where the act of dumping
babies lead to the death of babies, directly, it can fall under crime of
murder that strictly prohibited in Islam
By relating this issue to the protection of life in Maqasid Syariah, as
Islam places life as one of the important elements to be protected, it
becomes one of the objectives of the Shari’ah to protect life of a
person
References
http://serialsjournals.com/serialjournalmanager/pdf/1475750683.pdf
https://www.islamawareness.net/FamilyPlanning/Infanticide/fit_article001.html
https://www.soundvision.com/article/the-quran-and-sunnah-on-the-elderly
http://aboutislam.net/shariah/prophet-muhammad/a-mercy-for-all/the-prophets-care-for-
children/
http://sunnahonline.com/library/purification-of-the-soul/233-muslim-is-merciful-the
https://www.islamreligion.com/articles/3584/viewall/what-islam-says-about-children/