Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan
In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a...
| Main Authors: | , , |
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| Format: | Proceeding Paper |
| Language: | English |
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2017
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| Online Access: | http://irep.iium.edu.my/58950/ http://irep.iium.edu.my/58950/13/58950-Protecting%20the%20Health%20of%20Children%20by%20Mandating%20Vaccination%20and%20Immunization.pdf |
| _version_ | 1848785214168367104 |
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| author | Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini |
| author_facet | Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini |
| author_sort | Abdul Hak, Nora |
| building | IIUM Repository |
| collection | Online Access |
| description | In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a need to have the Malaysian children vaccinated as vaccination is proven to prevent infection. The association took a serious view of the recent cases of diphtheria, which had not appeared in Malaysia for a long time. What is more worrying is the fact that more children in Malaysia are falling victim to contagious diseases as parents reject immunization programmes for fear the vaccines used infringe strict religious rules. In Islam, the stringent halal requirement can be waived if suitable vaccines are not available. By applying the principle of Islamic jurisprudence, although the vaccines contain a composition that is not permissible in Islam, for a reason of protection of health of children, it may be used for vaccination. There is an usuli principle of istihsan, which authorizes departure from an established ruling in favour of a different ruling as the latter is considered better on the basis of the Qur‘an, Sunnah, Ijma‟, custom, necessity or maslahah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur‘anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principle of usul fiqh. The aim of this paper is to discuss the views of Muslim jurists on the application of istihsan as to whether or not vaccination and immunization should be made compulsory in order to protect the health of children in Malaysia. |
| first_indexed | 2025-11-14T16:49:35Z |
| format | Proceeding Paper |
| id | iium-58950 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:49:35Z |
| publishDate | 2017 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-589502017-11-02T00:51:23Z http://irep.iium.edu.my/58950/ Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini K Law (General) KBP Islamic Law In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a need to have the Malaysian children vaccinated as vaccination is proven to prevent infection. The association took a serious view of the recent cases of diphtheria, which had not appeared in Malaysia for a long time. What is more worrying is the fact that more children in Malaysia are falling victim to contagious diseases as parents reject immunization programmes for fear the vaccines used infringe strict religious rules. In Islam, the stringent halal requirement can be waived if suitable vaccines are not available. By applying the principle of Islamic jurisprudence, although the vaccines contain a composition that is not permissible in Islam, for a reason of protection of health of children, it may be used for vaccination. There is an usuli principle of istihsan, which authorizes departure from an established ruling in favour of a different ruling as the latter is considered better on the basis of the Qur‘an, Sunnah, Ijma‟, custom, necessity or maslahah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur‘anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principle of usul fiqh. The aim of this paper is to discuss the views of Muslim jurists on the application of istihsan as to whether or not vaccination and immunization should be made compulsory in order to protect the health of children in Malaysia. 2017-10 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/58950/13/58950-Protecting%20the%20Health%20of%20Children%20by%20Mandating%20Vaccination%20and%20Immunization.pdf Abdul Hak, Nora and Che Soh @ Yusoff, Roslina and Md Hashim, Noraini (2017) Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan. In: International Conference On Child And Humanitarian Law (ICCHL), 8th-9th October 2017, Kuala Terengganu, Terengganu. (Unpublished) |
| spellingShingle | K Law (General) KBP Islamic Law Abdul Hak, Nora Che Soh @ Yusoff, Roslina Md Hashim, Noraini Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title | Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title_full | Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title_fullStr | Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title_full_unstemmed | Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title_short | Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan |
| title_sort | protecting the health of children by mandating vaccination and immunization: an application of usuli principle of istihsan |
| topic | K Law (General) KBP Islamic Law |
| url | http://irep.iium.edu.my/58950/ http://irep.iium.edu.my/58950/13/58950-Protecting%20the%20Health%20of%20Children%20by%20Mandating%20Vaccination%20and%20Immunization.pdf |