Examples of this in medicine is amputation of a limb, if gangrene is spreading or accepting to use narcotics to relieve pain, even if morphine and its derivative have a double effect, i.e., the debilitated patient suffering from pain due to metastasis and chronic pulmonary disease where morphine and its derivatives is going to depress the respiratory center in the medulla in the brain stem, and therefore may end in respiratory failure. The greater harm could be replaced by a lesser harm. Yet it is possible to have preterm delivery, e.g., 36 weeks or even less if deemed necessary. But it is not allowed to have abortion after that date.
If the continuation of pregnancy is going to endanger her health, but not her life, or the fetus is grossly malformed, then abortion is allowed prior to ensoulment, i.e., in the first 120 days computed from time of fertilization of the ovum (i.e., conception) which is equivalent to 134 days from last menstrual period (LMP) which is used by obstetricians, and that is equivalent to 19 weeks + 1 day. Similarly if a woman is pregnant and continuation of pregnancy is threatening her life, then she is allowed to abort. If a patient is having a gangrenous foot or limb, and the gangrene might increase and even kill the patient, then it is allowed to amputate the limb. However, if the expected benefit is greater than the harm, then it is allowed. Similarly if the harm is more than the benefit, or even if the expected harm is equal to the expected good, it is not allowed. Any mode of treatment that causes harm without any good is not allowed. That will involve medicines made from porcine material, alcohol, carrion (dead animals) or seeking remedy by amulets, sorcery, and divination. Īll that is harmful is prohibited in Sha’riah. He also said, “Medicine in the Sha’riahis regarded as a field that brings the benefits of health and wards off the harms of disease and ailments”. To reach that goal it may be essential to accept the lesser harm, in order to ward off a greater harm, or lose a certain benefit to procure a greater one”. Al Izz ibn Abdul Salam (d660H/1262 CE) a renowned Islamic jurist in his book “Qawaeed AlAhkam” “Basics of Rulings” said “The aim of medicine is to preserve health, restore it when it is lost remove ailment or reduce its effect. However, if the benefit is much greater than the harm, then that action could be applied. In Islamic jurisprudence axioms: “Avoiding harm takes precedence over bringing good.” It simply means if a certain action end in both good and harm, then it is preferable first to thwart off harm. In Islamic teachings Prophet Muhammad (PBUH) said, “Doing harm and reciprocating harm is not allowed” : “La Dharar wa la Dhirar.” It is associated with the maxim “primum non nocere,” above all do no harm. This is an important obligation in morality and medical ethics (doing no harm). Similarly, autopsy and dissection of human bodies, organ donation from living or dead persons would be allowed if there is no harm and there is valid consent. Using medicine made of porcine material or containing alcohol or poisonous snakes is allowed if there is no alternative medicament. The prohibited things would be allowed if there is necessity. Harm should be warded and avoided as much as possible. To reach that goal it may be essential to accept the lesser harm, in order to ward off a greater harm, or lose a certain benefit to procure a greater one.” Doing harm and reciprocating harm is not allowed. Al Izz ibn Abdul Salam (d 660H/1262 CE) said “The aim of medicine is to preserve health, restore it when it is lost remove ailment or reduce its effect. In Islamic teachings Prophet Muhammad (PBUH) said, “Doing harm and reciprocating harm is not allowed” “La Dharar wa la Dhirar.” In Islamic jurisprudence axioms: “Avoiding harm takes precedence over bringing good. Nonmaleficence is an important obligation in morality and medical ethics (doing no harm).
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