Mils jun 2018 - msian islamic legal system PDF

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JUN 2018 PART A QUESTION 4NUR SYAZANA BINTI MD SALLEH (2018680666)GROUP BThis essay will discuss about the hokum and maqasid al shariah of rejecting vaccines and using the assistance of doula.The literal meaning of the word Shariah is road to the watering place, the straight path to be followed whil...

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JUN 2018 PART A QUESTION 4 NUR SYAZANA BINTI MD SALLEH (2018680666) GROUP B

This essay will discuss about the hokum and maqasid al shariah of rejecting vaccines and using the assistance of doula . The literal meaning of the word Shariah is road to the watering place, the straight path to be followed while a comprehensive definition that was recognized by many scholars id the sum total of Islamic teaching and system, which was revealed to the Prophet Muhammad SAW recorded in the Quran as well as deducible from the Prophet’s divinely guided lifestyle called the sunnah. According to Al Maidah verse 3, “This day, I have perfected your religion for you, completed My Favour upon you, and have chosen Islam as your religion” .From this verse, we can see that Allah has created a complete and perfect religion to His servants which has been delivered through the holy Quran and Sunnah. Maqasid al Shariah means the objectives of shariah that would be beneficial to the people concerning the affairs both in world and the afterlife.Maqasidshariah can be categorized into 3 which are darurriyat(essentials), hajiyyat(complementary) and tahsiniyyat(embellishment). Hukum is the fiqh rulings which means the legal rule or Shariah injunction. There are 5 categories of hokum which are wajib(compulsory),sunnah(recommended),mubah(permissible/harus),makruh(undesired) and haram(prohibited). The hokum of rejecting vaccine and using the assistance of doula is haram. It is prohibited by the Quran and sunnah and committing it is punishable and its omission is rewarded. Rejecting vaccine is haram as committing such act will place the child in great danger while using the assistance of doula instead of a real authorized doctor is haram because it will put life of the mother and the baby at danger. Some arguments that were used in using the assistance of doula is based on the issue of aurat and following Siti Maryam who gave birth at home is irrational according to the mufti as the issue of life is more crucial rather than aurat as there are now some new invention as such as pants that are used to cover aurat while giving birth and making Maryam as an example is no longer relevant as there are better alternatives in this modern world. According to Surah Al Baqarah verse 195, it prevents the ummah from throwing themselves in the destructions and do good as Allah loves the doers of good. This verse clearly protects the ummah from any danger. As most parents rejects vaccination on grounds that the vaccines contain traces of porcine DNA, which is haram for muslims, the hokum would be Mubah(harus) and is allowed in Islam if there is no other alternatives. Mubah refers to an act whose both commissions and ommissions neither merits any reward nor entails any punishment and no shariah injunctions are attached to it. The maqasid al shariah which is the objectives of shariah as to ruling that it is haram to reject vaccines and use the assistance of doula can be look from the category of darurriyat which means the essentials. Darurriyat can be further classified into 5 elements which are protection of al-Din, protection of life, protection of dignity or lineage, protection of intellect and protection of property.

Maqasid shariah for rejecting vaccines and using the assistance of doula can be seen from protection of al-Din,life, and lineage.

Protection of al-Din is the most important and should be protected at any level. It can be seen from personal and every level. Personal level is achieved through observance of different kind of ibadah. Executing ibadah will increase the iman of a person and therefore will be a shield to protect a person from committing sin or becoming apostate and indulging in any action that will obliterate his din. As mentioned in verse 45 of Al Ankabut, where it commands the ummah to perform solat as solat can prevent the ummah from committing sins and munkar. The correlation of protection of al din and rejection of vaccine and doula is that someone with a good iman would be more rational as rejecting vaccines and using doula don’t only put the child that is not vaccinated in danger but also the people around them at danger as well. If a person took care of their iman, they would be less selfish and consider the risk of other people in consideration as well. Next is protection of life. Life is essential and valuable to everyone. There were no different between the rich and the poor, between leader and the subordinates, Muslims and non- Muslims protecting everyone’s life is equally important and obligatory to each and every individual and societies. Al Isra verse 33 provides that Allah has forbidden the ummah from killing taking lives except for a just cause and whoever is killed killed intentionally we provide to the heir the law of qisas(equality) to decide in punishment or to forgive or to take diya but he must nit exceed the limits as he should kill other people but the killer only. This verse is to prevent heirs from retaliating. When someone reject vaccination and use doula, that person fails to protect life as life is one of the protection of life is one of the elements in darurriyat . Allah swt resent his ummah who take life for granted as life is the most important and valuable thing to everyone and Allah swt has provide in Al Isra verse 33 that whoever take someone else’s life would be punish by blood. This clearly shows that Islam take the matter of life seriously and those who reject vaccination has put their life at risk and has failed to protect their life. The last one is protection of lineage. Islam has regulated the relationship between man and woman as free mixing between two of the gender would disrupt the lineage. A hadith by the Prophet saw has mentioned that the youth who have the means to get married shall do it, as it is to protect eye and desire as protection. Those who reject vaccine will fail to protect lineage as rejecting vaccine will lead to disease that is mortal and will have the tendency to spread it to other people disabling them to producing child. While on the issue of doula, it will disrupt the lineage as the lineage will stopped as babies and mothers could die from compication without the help of proper medical authority....