The application of necessity in medical treatment: An Islamic biomedical perspective

Abstract

This research paper examines the concept of ʼnecessity,' which derives its origin both in Islamic and common law and transcended progressively into medical law. Many aspects of medical and civil law remained closely related to each other, like ‘the concept of duress’, ‘self-defense’ and other aspects of human activities are embedded in both the systems. Likewise, the common law generally allows almost all forms of treatment, whereas Islamic law permits it, when it essentially saves one’s life. All forms of medical treatments are freely and readily available to overcome sterility dilemmas in western countries, whereas in Islamic law some of the modern interventional techniques and genetic engineering are disregarded as per Shariah injections. Whereas, Islam does approve necessary measures to sustain sound and good health, since it is considered a part of one’s obligations. Hence, its sustenance senses the subjects to avoid from undue pains and sufferings. For this purpose, medications and medical treatment is considered a recognized mode in Islamic law. Therefore, on one hand, this research paper presents arguments in favor of medical treatment, while, on the other hand, it will argue the evidences given by classical and contemporary scholars in favor of medical treatment within the framework of Shariah. This may attract the essence of Shariah doctrine of necessity.