Disability in Islamic Law by Vardit Rispler-Chaim (auth.)

By Vardit Rispler-Chaim (auth.)

The publication analyzes attitudes to individuals with a variety of disabilities in line with Muslim jurists’ works (fiqh) within the center a while and the trendy era.

In the Islamic felony literature individuals with disabilities are pointed out sporadically, and infrequently inside of vast themes similar to non secular tasks, jihad, marriage, etc., yet seldom as a subject matter through its personal correct. little or no has been written to this point on individuals with disabilities in a basic Islamic context, less in connection with Islamic legislations. this can be the innovation of the book.

The major contribution of Disabilities in Islamic legislations is that it makes a speciality of individuals with disabilities and depicts where and standing that Islamic legislation has assigned to them, in addition to how the legislations envisions their participation in spiritual, social, and communal life.

All in all, the legislation referring to individuals with disabilities reveal a really complicated social outlook, to pass judgement on from the concerns and arguments of the Muslim jurists.

Scholars of Islamic legislation, drugs and ethics, Islamic reports, sociology, social paintings, and legislation, and a person attracted to comparative examine of individuals with disabilities in quite a few cultures and religions, will locate an abundance of valuable info within the book.

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Extra resources for Disability in Islamic Law

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The first exemplary signed sermon, based on Tantawi’s fatwa, was given in Cairo, on June 30, 2000, in the mosque of al-Sayyida Zaynab. 161 Prayer is valid if the worshiper faces Mecca (istiqbal al-qibla). Exempt from praying facing Mecca are the sick and those who have no one to direct them towards Mecca such as the blind. These should pray in any way they can, and their prayer is valid. 163 If the sick have lost all strength and are unable to move, they still must pray with their hearts. 165 Two or more persons constitute a jama‘a (group of praying people).

The physician is actually asked to judge on the existence or absence of istita‘a, at least from the medical point of view. The muftis, in turn, are invoked to legitimize the hajj of the disabled when it differs from the normal performance due to medical causes. 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.

Therefore, it is up to an experienced physician to determine which patient may fast and which should not. 34 DISABILITY IN ISLAMIC LAW HAJJ (PILGRIMAGE TO MECCA) The hajj is the most difficult duty that a Muslim is required to perform. The difficulty arises from the physical ability expected of the pilgrim on the way to Mecca, and when engaging in the rituals of hajj. It is also difficult due to the relative economic affluence one has to enjoy prior to embarking on the journey to Mecca, but this is beyond the focus of this chapter.

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