Download Disability in Islamic Law (International Library of Ethics, by Vardit Rispler-Chaim PDF

By Vardit Rispler-Chaim

The publication analyzes attitudes to individuals with a variety of disabilities in accordance with Muslim jurists’ works within the heart a while and the fashionable period. little or no has been written to date on individuals with disabilities in a normal Islamic context, less in connection with Islamic legislation. the most contribution of the ebook is that it specializes in individuals with disabilities and depicts where and standing that Islamic legislation has assigned to them.

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Additional resources for Disability in Islamic Law (International Library of Ethics, Law, and the New Medicine)

Sample text

FAST OF RAMADAN It is interesting that the recent fatwas concerning the fast still reflect the same difficulties long acknowledged by medieval fiqh that the sick and the elderly experience when they wish to fulfill the duty of the fast. In a fatwa dating from January 1996, a person reported that he was sick. The previous year he had missed four days of the fast, which he later completed (qada’), but with difficulty. The doctor ordered him not to fast the following year. The man asked the mufti if he owed qada’, and also in the case of his death (he was 76 at the time of istifta’(inquiry)) if any of his children would have to make up the fast in his place.

144 This is similar to the requirement of wudu’ when a person is missing a hand so that there is no organ to wash. 146 If someone is missing a foot or a part of the foot (qadam), the part which is supposed to be wiped (mash) for ablution, he or she still has to wipe the place of the amputation or whatever is left of the heel, but does not have to resort to tayammum. 147 Another issue that interferes with normal ablution with water is the existence of broken bones held with a jabira (splint). 148 Several stipulations may differently influence the rulings on this issue.

Thus, a hajj undertaken by one with an artificial limb was ruled valid in 1991, as was a hajj performed by persons with aching feet wearing sandals (as against the preference of bare footedness). 263 The muftis make many more allowances that enable chronic patients and disabled people to perform the hajj themselves. The foregoing instances epitomize the importance attributed to the hajj as a religious duty and to its immense religious and spiritual values. On the other hand, they attest to the understanding that as long as one wishes and tries to perform the hajj in person, all necessary aid should be provided by the medical staff, and be sympathetically approved by such religious authorities as the muftis, unless clear violation of doctrine is involved.

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