Hujjat al-Islam wa al-Muslimin Muh.Mahdi Kariminia in an exclusive interview with the Center for Contemporary Jurisprudence Studies:
The recommendations of the Infallibles (‘a) mean that they established Islamic medicine
Adapting jurisprudential issues to scientific and medical advances is one of the main challenges. The interaction between jurisprudence and medical science to adapt religious principles to medical issues requires careful research and deep thinking. This adaptation can create challenges in issues such as organ transplantation, avoiding harm to patients, and decision-making in medical cases. For example, “adapting the concept of human life in jurisprudence to medical and scientific definitions” can be an interesting topic for comparative research.
Health and medical jurisprudence can perhaps be considered one of the most important branches of contemporary jurisprudence. This jurisprudential chapter is also considered one of the most challenging chapters of jurisprudence. The scope of medical knowledge, the various physical and psychological topics discussed in this knowledge, and the widespread connection of people with medical topics have made this jurisprudential chapter one of the most discussed chapters of contemporary jurisprudence. Although Hujjat al-lslam al-Muslimin Muh. Mahdi Kariminia received his doctorate in criminal law, he has made medical jurisprudence one of his most important research areas for many years. Authoring various books and articles on various topics of medical jurisprudence, such as gender reassignment, in addition to being a member of the scientific council of the Health and Medical Jurisprudence Group of the Center for Contemporary Jurisprudence Studies, has made him one of the most informed people about the challenges of this jurisprudential chapter. According to this researcher from the Qum Seminary, the challenges facing medical jurisprudence are of various types, for each of which a separate solution must be thought of. The details of the exclusive conversation on contemporary jurisprudence with a member of the Scientific Council of the Health and Medical Jurisprudence Group of the Center for Contemporary Jurisprudence Studies are as follows:
Contemporary Jurisprudence: Can the advice of the Imams (‘a) regarding some health-related issues be considered evidence of their establishment of Islamic medicine?
Mr. Kariminia: Yes, the advices of the Imams (‘a) regarding health shows their attention to health and medical issues. These advices emphasize not only physical care, but also spiritual and moral development. For example:
Imam Ali (‘a) said: “For a human being, life is not more enjoyable than well-being and health.”
He also emphasizes that: “Talking less, sleeping less, walking less, and eating less are the remedies for health in this world.”
The Prophet of Islam (s) said: “Fast so that you may remain healthy.”
He also emphasizes that: “Traveling also helps in maintaining health.”
The Prophet of Islam (s) said: “He who created pain has also created its cure. Every pain has a cure, so when the medicine reaches the pain, it will be cured by the permission of Allah. Treat yourself, because Allah has not sent down any pain except that He has sent down a cure for it.”
Imam Muh. Baqir (‘a) said: “There is no blessing greater than health, and there is no health greater than the help and success of Allah.”
He points to the importance of health and success of Allah in maintaining health.
These recommendations show the attention of the Imams to the health and hygiene of humans and can be considered as examples of the establishment of Islamic medicine.
Contemporary Jurisprudence: But do these recommendations of the Imams (‘a) and the Prophet of Islam (s) indicate the establishment of Islamic medicine by the Prophet and the Imams?
Mr. Kariminia: Yes, the advice of the Imams (‘a) and the Prophet of Islam (s) tells the story of their establishment of Islamic medicine. These advices show their attention to health issues, wellness, and adherence to ethical principles in medicine. They attach importance to physical and spiritual issues and emphasize that “health” is a blessing above all else. Therefore, these advices can be considered as examples of the establishment of Islamic medicine.
Contemporary Jurisprudence: In your opinion, what is the correct approach towards the claimants of Islamic medicine?
Kariminia: Given the different perspectives on Islamic medicine, the correct approach to Islamic medicine claimants includes paying attention to the following:
A: Research and careful examination; To evaluate Islamic medicine claimants, careful research and scientific examination of their works and opinions are essential. Research based on Islamic sources, historical books, and scientific works can help to correctly identify and criticize claimants.
B: Logic and scientific reasoning; Islamic medicine claimants must provide scientific and logical arguments for their views. Arguments must be based on ethical principles, logic, and scientific knowledge.
C: Agreement with ethical principles; Islamic medicine claimants must observe ethical principles. Respect for patients’ rights, justice, and avoiding harm are important ethical principles in Islamic medicine.
D: Attention to the needs of society; Islamic medicine claimants must respond to the needs of society. Ensuring the health and treatment of people and paying attention to health and medical issues are among their duties.
In general, the correct approach to Islamic medicine claimants includes careful research, scientific reasoning, adherence to ethical principles, and attention to the needs of society.
Contemporary Jurisprudence: In contrast to some who pursue Islamic medicine scientifically, some falsely claim Islamic medicine. What do you think is the correct approach to these people and what scientific or non-scientific work can be done against them?
Mr. Kariminia: Yes, the issue of Islamic medicine claimants who falsely claim is a sensitive issue. Different approaches can be considered against these people:
A: Scientific research and evaluation; A careful and scientific evaluation of their claims is essential. Reviewing the scientific works published by the claimants and researching reliable sources can help in making a correct diagnosis.
B: Attention to ethical principles; Ethical principles in medicine and Islamic medicine must be observed. Respecting the rights of patients and avoiding harm to the patient is one of the most important ethical principles.
C: Attention to the needs of society; It is important to pay attention to the needs of the community and to provide health and treatment to the people. Attention to health and medical issues is one of their duties.
D: Public awareness; Public awareness of the principles of Islamic medicine and encouragement to refer to reputable doctors can be useful.
In general, a combination of scientific research, adherence to ethical principles, attention to the needs of the community, and public awareness can help to counter false claims of Islamic medicine.
Contemporary Jurisprudence: What are the most important challenges facing research in health and medical jurisprudence?
Mr. Kariminia: The most important of these challenges are as follows:
A: Comparative challenges; The adaptation of jurisprudential issues to scientific and medical advances is one of the main challenges. The interaction between jurisprudence and medical science requires careful research and deep thought to adapt religious principles to medical issues. This adaptation can create challenges in issues such as organ transplantation, avoiding harm to patients, and decision-making in medical cases. For example, “adapting the concept of human life in jurisprudence to medical and scientific definitions” can be an interesting topic for comparative research. This adaptation can help develop jurisprudential and legal perspectives in medical cases.
B: Ethical challenges; Ethical issues in medicine pose challenges, especially in areas such as organ transplantation, avoiding harm to patients, and making medical decisions. Reconciling Islamic and medical ethics can be difficult.
C: Translation and interpretation challenges; Translating legal concepts into different languages and interpreting them in the face of medical issues presents challenges. Interpreting religious concepts in medical fields requires expertise and precision.
D: Research challenges; Research in the field of health and medical jurisprudence requires interaction with medical and legal experts. The lack of accurate and scientific research in this area can pose challenges. Given these challenges, more efforts are needed in health and medical jurisprudence research to help reconcile religious principles with medical issues.
Contemporary Jurisprudence: In your opinion, what are the most important issues that need to be addressed in health and medical jurisprudence?
Mr. Kariminia: Topics covered in health and medical jurisprudence include the following:
A: Ethical issues in medicine; such as the application of Islamic ethical principles to medical issues, the professional ethics of physicians, patients’ rights, organ transplantation, decision-making in medical cases, and issues related to life and death.
B: Legal issues in medicine; such as examining the legal laws and regulations related to medicine, the responsibilities of doctors, patients’ rights, intellectual property rights in medicine, and contractual issues.
C: Issues related to Hajj and pilgrimage; such as examining the jurisprudential and medical issues related to Hajj and pilgrimage, the health of pilgrims, disease prevention, and health issues in Mecca and Mina, Saudi Arabia.
D: Issues related to medicine and medicines; such as examining the jurisprudential and medical issues related to prescribing medicines, the halal and haram nature of medicines, and the effect of medicine on treatment.
E: Issues related to diagnosing and treating diseases; such as examining the jurisprudential and medical issues related to diagnosing diseases, various treatments, and patients’ rights.
In medical jurisprudence articles, various issues from the general topics above are examined; issues such as:
1. Responsibility for the costs of treating patients with coronavirus in the event of medical staff fault;
2. The effect of knowledge and intent on the civil liability of carriers of infectious diseases;
3. Respect for religious rituals and its relation to the resolutions of the National Headquarters for Combating Corona;
4. A jurisprudential-legal analysis of the “right to health” and “government responsibility” in the context of the outbreak of the Corona disease;
5. The relationship between the Islamic state and the family in controlling the Corona disease;
6. The limits of “usr” and “haraj” in medicine from the perspective of Islamic jurisprudence;
7. The role of Shi’i scholars and jurists in establishing and expanding the knowledge of medical jurisprudence;
8. Health guarantee;
9. The civil responsibility of the state in protecting the health of citizens from the perspective of Shi’i jurisprudence, citizen rights;
10. What is medical jurisprudence;
11. The civil responsibility of the state in protecting the health of citizens from the perspective of Shi’i jurisprudence;
12. The concept of health from the perspective of the Qur’an and Hadith;
13. The definition of health and the importance of maintaining it from the perspective of Islamic teachings;
14. Modern medical issues: topics such as: artificial insemination, gender reassignment, organ transplantation, genetics, cloning, hypnosis.
15. Ethical issues in medicine;
16. Health and medical care;
17. The impact of proper nutrition on health;
18. Managing stress and anxiety in everyday life;
19. The impact of exercise on mental and physical well-being;
20. The impact of social relationships on human psychology;
21. The study of the psychology of self-confidence;
22. The impact of raising children on their future personality.