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MALAYSIA ISLAMIC LEGAL

SYSTEM
BY SHSAHB
THE FIRST ISSUE

Question
a) The use of service of “Doula” in home birth
method

Issue : Whether the service of Doula is in line


with the Maqasid Syariah Protection of life?
DEFINITION
•Traditionally, women gave birth with the support of other women, either a family
member or an experienced woman within the community.

•In today’s society, such women are often referred as Doulas.

•The word Doula is a Greek word meaning women’s servant

•English Oxford define Doula as “woman, typically without formal obstetric


training, who is employed to provide guidance and support to a pregnant woman
during labor”
FUNCTIONS OF DOULA
The function of the Doula can be divided into three which are:

1. Doula Antepartum – Doula who provide educationally support to the mother

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.

3. Doula Postpartum – Provides with infant feeding, emotional and physical


recovery from birth, mother-baby bonding and basic newborn care.
ISSUE

Prohibition of the service of “Doula” in the absence of a


trained medical professional or trained midwives. (Mufti
Wilayah Persekutuan Kuala lumpur, Datuk Dr Zulkifli)
INTRODUCTION
According to a statement by Health director- general Datuk Dr Noor Hisham
Abdullah, the country’s percentage of unsafe deliveries has declined from 24.8% in
1990 to 0.42% in 2016.

•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)

2. Al-Muzhiri explains that,


 Anyone who enters medical science and does not become famous in it (does not control it), if he treats the patient, he is
responsible for whatever happens. (al-Mafatih Syarh al-Masabih, 4/217)
 Both of the hadith is a form of reminder from the prophet that if
someone who does not have the skill in medical knowledge, hence
that person should not perform the exact skill of a medical expert.
This is mainly because it will cause high risk to the patient itself and
can deprive the protection of life of that patient.
 Using the service of Doula is prohibited mainly because to protect
the mother and their baby from any complication during the labour
of the child.
 Ifthe delivery is conducted at home without trained midwives or
doctors, the complications may be severe, irreversible and, on
occasions, life threatening. (Health Ministry)
 This can be supported by the recent case in Johor Baru where the
parents seek the advice of the Doula in giving birth at home and
cause the baby to die.
 Example of complication: severe bleeding, fits, ruptured uterus or
infections.
CONCLUSION

 Hence, in the absence of medical expertise, the service of Doula is prohibits


mainly because to protect the life of the baby and the mother.
 It is very dangerous to seek advice from non-expert of a particular field. The
issue of pregnancy and giving birth is a very risky situation where both the
mother and the baby life is at risk.
 Thus, seeking an advice of Doula can be very risky where both parents will
depend solely on the advice of Doula rather than a doctor.
 To protect the Maqasid Shariah of life, hence, service of Doula is prohibited.
REFERENCE

a) http://muftiwp.gov.my (Laman web mufti Wilayah Persekutuan


Kuala Lumpur)

b) Mohamad Akram Laldin.(2006). Shariah & Islamic Jurisprudence.


Mashi Publication Sdn Bhd, Malaysia

c) http://thesundaily.my (Newspaper)
THE SECOND ISSUE

Whether Muslims can proceed with vaccination that contain haram


substance in order to avoid the spread of infectious disease such as
measles, rashes and more?

In example, in Pakistan Polio vaccination (for disease called infantile


paralysis that attacked children, pregnant women and elderly) is prohibited
because it is produced by pig fat.

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

 Allow the usage of vaccination that made up of gelatin.


 Reason:
1. It gone through transformation.
2. Conversion a substance to another substance that affect the characteristic of the
original characteristic
3. From impure substance to pure substance and from prohibited to lawful
http://www.vaccinesafety.edu/Porcine-vaccineapproval.htm
Authorities - Shaykh al-Islam Ibn Taymiyah
 A principle which is that the impure substance, if it is transformed and becomes good
like other good substances, it is pure, like what falls into the animals that die naturally
(without being slaughtered properly) and pigs becomes pure salt like the rest of the salt.

Authorities - Shaykh Sa‘d ibn Naasir al-Shathri


• One of the issues having to do with epidemics and contagious diseases is
the ruling on taking vaccinations that are given to protect against these
diseases.
Authorities – Imam Maliki and Hanafi Mazhab
 These transformed substances are not referred to in any text of
prohibition,whether explicitly or implicitly.
 Hence, there is no justification to say the vaccination used are haram because
they indicated them as halal and pure substances.
https://islamqa.info/en/159845
Does the permission to performed vaccination that
contained pig gelatin in line with Maqasid Shariah?

 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

Whether the Islamic Perspective on


the celebration of Valentine’s Day is
in line with Maqasid Syariah?
The Roman priest, St. Valentine,
was martyred during the reign of Valentine, however, defied the
Emperor Claudius II. Due to emperor and married couples in
different views, the emperor banned secret in the defence of divine
all marriages and engagements in union.
Rome.

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

 According to the National Council Fatwa Committee which convened on 22


November 2005, the celebration of Valentine’s Day by Muslims is
forbidden/unlawful/haram.
 This decision was also emphasized by Mufti of Federal Territories, Datuk Dr Zulkifli
Mohamad al-Bakri.
 The Mufti stressed that the celebration of this day is not part of Islamic culture.
 This is because the celebration leads to immoral culture and adultery as well as
resemble a bad culture, all of which are beyond the teachings of Islam.
 ‘Valentine’ comes from a Latin word that means ‘the Almighty’ and ‘the Strong’.

 Indirectly, asking someone to be your ‘valentine’ is against aqidah because it is similar to


asking someone to be your ‘Almighty’.

 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?

 The Islamic perspective on the banning of Valentine’s Day


celebration is in line with Maqasid Syariah, specifically;

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

 Islam emphasized the importance of protecting dignity which includes;


1. Individual rights to privacy
2. Not exposing or accusing others of misbehaviours
3. Ensuring the relationship between the opposite genders are governed in a respectful
and responsible way.

 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

In conclusion, the Islamic perspectives on the


celebration of Valentine’s Day is haram and it is in
line with Maqasid Syariah, namely for the
protection of al-din and protection of dignity.
References

 Mufti Wilayah: Haram sambut Hari Valentine. (2017,


February 14). Retrieved May 6, 2018, from
https://www.malaysiakini.com/news/372421
THE FORTH ISSUE

Whether The Dumping Of Baby Born Out Of Wedlock Is A


Murder Under Islamic Perspective When It Found Dead And
What Is It Relation To Maqasid Syariah?
Section 23 of Syariah Offence (Federal
Al-Tifl Al-Laqit = baby
Territories) Act 1997 : Any woman who gives
who is dumped
birth to a fully developed child within a period
of 6 months from the date of her marriage shall
(Al-Subail, 2005)
be deemed to have been pregnant out of
weedlock

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)

**Prophet Muhammad (Pbuh) always spoke about


justice and kindness towards a child whether it be a
daughter or a son. Once a person in the presence of
Prophet Muhammad (Pbuh) kissed his son and put
him on his lap and did not do the same for his *The Prophet (peace and
daughter who was with him. The Prophet (Pbuh) blessings be upon him)
objected and told the man that he was being unjust said, "He is not of us who ***"He who does not show
and that he should have also kissed his daughter and does not have mercy on mercy to others, will not be
placed her on the other lap. The Prophet (Pbuh) not young children, nor honor shown mercy."Sahih Al-
only preached about equal justice to sons and the elderly" (Al-Tirmidhi). Bukhari
daughters but also practised it himself.
Section 307 of the Penal Sheikh Uthaimeen ;
Code (2) :
described children as a trust
given to parents by God which
The Accused may sentenced they should be taking care inside
to death out by the elder.

Section 302 of the Penal


Code :
Other
Whoever commits murder Authorities
shall be punished with death.
What is the relation between this issue with
Maqasid Syariah?

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/