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Abstract

Abstract

It is known that medicine, like Islamic Sharia, was designed to bring about benefits and to ward off harm; therefore Islamic Sharia made it obligatory that medicine should be learned and taught, and considered this a collective duty.

Treatment using nanotechnology is at the fore of new medical technologies; a ruling on it would thus constitute a part of understanding it, through knowledge of its methods, purposes and dimensions and exploring its future to learn the intentions of those performing it.

Islamic Sharia has placed this treatment in the framework of an ethical, objective approach governing the relationship between doctors and patients by employing means of balancing purposes.

Nanotechnology treatment revolves around the preservation of the soul from non-existence through disease prevention, the preservation of species with respect to its existence through fertility and the preservation of the mind from nonexistence by delaying the weakness of old age; in whichever way one looks at it, the purposes of Islamic Sharia are there!

This serves as an entry point to meeting objectives, using the tools of creative jurisprudence at times and constructive jurisprudence at other times, introducing the legal regulation of checks in the regular manner and using a purpose-based approach. This is so that we know whether the outcome of treatment with nanotechnology revolves around acting or failing to act or between outcome-based jurisprudence or jurisprudence on its outcomes? In this way, we come to a conclusion as to whether a compromise can be been reached between the purposes of those performing the treatment and the purposes of Islamic Sharia?

Through this approach, this study represents an attempt to renew our understanding in order to invigorate science within an intention-based vision using the preferred tools of contemporary jurisprudence.

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/content/papers/10.5339/qfarf.2010.AHO12
2010-12-13
2019-12-16
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References

  1. K. Muftah, Checks on nanotechnology treatment in the light of Islamiclegal purposes and outcomes, QFARF Proceedings, 2010, AHO12.
    [Google Scholar]
http://instance.metastore.ingenta.com/content/papers/10.5339/qfarf.2010.AHO12
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