Treatment with Muḥarramāt (Forbidden Things)
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 97
Abstract
The jurists have since early times wondered whether illnesses can be treated with forbidden or ḥarām things and thereby improve the illness and restore the patients to health; or whether it is totally forbidden and impermissible to step into this arena even if motivated by treatment of illness. Of course, using the unlawful in treating illnesses where exploitations other than eating and drinking is in mind is not so much problematic and sensitive; however, what is more open to disputation is eating and drinking unlawful things with the intention of treatment. In this respect, although most of the jurists, especially the earlier ones, have viewed treatment with the unlawful, either absolutely or with certain muḥarramāt as impermissible and have not withstood it, the viewpoint addressed in this article is the permissibility of all kinds of treatment with all muḥarramāt irrespective of their differences. Thus, in order to explain this viewpoint and reinforce it, five reasons have been set forth and by providing the conditions and answering to the contradictory probabilities and criticizing the opponents’ viewpoints, it is tried to pave the ground to some extent for the acceptability of this theory.
Authors and Affiliations
Akbar AḥMadpūR
A Legal-Judicial Deliberation on the Article 575 of the Civil Law
Although in principle the benefit and loss resulted from partnership is to be taken into consideration in private relationships proportionate to the parties’ shares, prediction of stipulating more benefit or exempting al...
A research into ‘religionist conduct’, the conditions of its authority and the network of its conceptual relationships
The present paper aims to refine the conditions of authority of ‘religionist conduct’ and its position among Imamī evidences of inference. The study seeks to eliminate the shortcomings existing in former principle source...
Theory of Social Understanding of Statutes; Principles, Application
The theory of Muḥammad Jawād Mughniya entitled “social understanding of statutes”, is the evolved mechanism for the refinement of the basis of a ruling (tanqīḥ-i manāṭ) in legal reasoning (ijtihād) process, which has bee...
A Deliberation on the Tradition Renowned in Shī‘ī Jurisprudence Evidences (The Tradition of Imam ‘Alī’s (A.S.) Lost Coat of Mail)
One of the traditions relied on by Shī‘a jurists in jurisprudence and especially in the discourse on judgment and testimonies is the tradition or the story of Imam ‘Alī’s (A.S.) lost coat of mail. The coat of mail being...
The maximum of dowry in Imamia jurisprudence
The increasing and unlimited cases of burdensome dowries beyond the husband's solvency, leading finally to the enforcement of dowry and divorce, had led some commentators to fix a certain maximum for dowry. The authors,...