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POST COVID-19 RULINGS OF ISLAMIC LAW ON PANDEMICS: AN ANALYTICAL STUDY WITH REFERENCE TO NECESSITY AND JURISTIC CREATIVITY IN MANAGEMENT OF CONSEQUENTIAL ISSUES RELATED TO nCOV-19 VIRUS.
FAZLI DAYAN
International Postdoctoral Fellow at IRI, IIU, Islamabad, Pakistan; PhD, Associate Professor of Law, Faculty of Law, Grand Asian University Sialkot (GAUS), Email:
Abstract
Certainly, pandemics have been one of the most appalling threats to human life throughout the human history. It is an historical fact that billions of people have died because of contagious ailments. Presently, we are in the 21st century which is known for scientific and biomedical advancements. But unfortunately, we also became victims of a precarious pandemic named Covid-19. The most interesting thing is that the contemporary experts have not been able to discover any remedy for this treacherous disease yet. In this situation, the views of Islamic scholars have diversified whether religion has a cure for the pandemics? Being Muslims, we believe that Islam guides us via application of preventive and therapeutic measures for the preservation and protection of life as a primary objective of Islamic law. While responding to Covid-19 Pakistani Muslim population at large were more adherent to the legal edits and verdicts (fatwas) issued by religious clerics than the state authorities. Hence, they have acknowledged those rules and regulations which were mediated by religious scholars. In this back drop the present study is designed to investigate the post Covid-19 rulings of Islamic law on pandemics to assess whether the NIH and WHO SOPs/guidelines are compatible with Islamic injunctions? Consequently, this research found many examples in Prophetic Seerha (life) to get protection from pandemics and lethal diseases. Correspondingly, in this article, efforts are made to determine the moral, ethical and practical teachings of Islam to cure the pandemics and deadly diseases with special reference to Covid-19. Thus, an analytical approach is adopted with a qualitative research methodology. Resultantly, the researcher observed that Islam has a complete set of ethical code to prevent and protect from pandemics and fatal diseases. Therefore, it is argued that people should adopt the ethical teachings of Islam for infectious diseases keeping in view the contemporary biomedical norms. To combat pandemics in Pakistan, the state departments are required to heed towards religious guidelines while not forgetting the application of medication as suggested by physicians and experts of the field.
Keywords: Rulings, Disease, Pandemic, Covid-19, Biomedical ethics, Seerah, Islamic law
INTRODUCTION
Indeed, pandemics or diseases have an old history and humans have faced its pressure from the past till day. Whereas, the nature, its kinds and harmful effects are concerned it remained different. But, the history reveals that human beings has witnessed numerous pandemics which resulted in manifold casualties, ensuing deaths that brought drastic changes in their livelihood. Although, to overcome the pandemics or diseases, diverse policies have been set to counter the pandemics, which sometimes makes it possible and sometimes fail to work. In the current times, the whole world including Pakistan is facing (and have faced) to combat a lethal disease named Covid-19 that has caused an irreparable loss to every part of the world. The Covid-19 adversely affected (Pakistan's) social, economic, political, educational, religious and cultural activities at large. Interestingly, KSA (Kingdom of Saudi Arabia) along with other countries, while taking precautionary measures, has restricted the entrance of the Pilgrims to holy Mosques and other passengers. All other activities were suspended across the globe to cope with the novel pandemic (Covid-19).
Remarkably, as per the information the virus that has emerged spreading from (Wuhan city, Hubei province of) China-one of the most developed countries in the world-attacked the human respiratory system and thus caused thousands of casualties and deaths till now. It must be worth mentioning while conducting research on a disease; the most important questions are that from where did the disease originate? And how did it start spreading? It is to be clear that most of the viruses are found in animals, but we came to know about these viruses when they are transferred into humans. Accordingly, AIDS was a disease of the monkeys found in the forest of Africa and when it was transferred into humans the experts started researches about it. There is a presumption about the Corona virus that basically it is a disease of animals and has transferred to human respiratory system. WHO on 31st December, 2019 informed China about this dangerous virus. At the early stage of Corona; cold, influenza, temperature, cough, and difficulty in breathing were the prime symptoms. But, when Corona completely holds the human body, it causes extreme difficulty in respiration. Ultimately, lungs stop functioning and severely damage the kidneys, hence it causes death.
Factually, the surge of Covid-19 has potently affected the whole world more particularly the Muslim ummah. Since, the modern world was unable to find the real treatment to cope with the novel virus. Thus, the views of Islamic scholars have diversified that whether religion (Islam) has cure or not? Nevertheless, the study asserts that Islam has a cure/remedy in the times of pandemics and lethal diseases. As the holy Prophet Muhammad (peace be upon him) suggested treatment for inner and spiritual diseases, in the same way, He also give us instructions concerning outer and physical diseases. While keeping in mind the Prophetic suggestions and instructions; the Muslim physicians/experts not only
materialized new researches in medical and biomedical field but they also discovered new medicines including treatments of many irreconcilable diseases. And thus they have given practical scientific structure to protect human life and health.
Clearly, the classical literature reveals that Islam and Muslims physicians have remained exceptionally serious and sensitive about public health. The problem arises when the traditional and laymen counters the newer biomedical technologies erroneously without considering the broad spectrum of Islam. Conversely, our religion (Islam) is not against the use of modern treatment facilities; rather, it dictates the use of contemporary medical technology along with the application of different tools, techniques and various ways of treatments innovated by the modern-day biomedical technology on the conditions if such remedy not contradicts the Islamic injunctions. In Islam, different ethical codes are there, for example to protect against diseases and pandemics. Such as taking 1) wudoo (ablution) at least five times a day; 2) taking bath after sexual intercourse; 3) scratching hair and nails; 4) cleaning mouth and ear; 5) washing hands before and after eating; 6) wearing clean clothes and etc all these are essential part of Islam for thousands of years. Even the rest of Prophets particularly Ibrahim (alayhi al-salam) was also ordered to do these things. Similarly, hygiene principles of modern times and medical regime also recommend these ethical codes.
Apart from the cited ethical codes; physical health is also one of the most important aspects of personality. If a person is not healthy, he cannot properly perform any work, and thus Islam has also given great importance to sound health and has prevented humans from those things which are dangerous for their health and life. While taking care of health, food has importance as like a spinal cord for the human body. Thus, Islam asserted that balanced food and moderate diet maintain the human health good, and hence it helps to develop properly and produces the ability to work and worship Allah the almighty. Looking to the history of epidemics; ultimately it has caused damages to the world. However, question arises how to tackle a pandemic? What are the preventive measures to be safe from an imminent endemic like Corona and other pandemics? Similarly, what are the guideline/teachings of Islam regarding the pandemics? To answer these questions, therefore, this research paper is designed to explain pandemics and diseases along with the modes of prevention specifically Covid-19 in perspective of Islamic law. Additionally, our focus will also be, to assess whether the NIH, Pakistan and WHO SOPs/guidelines are compatible with Islamic injunctions? Since, we are in the 21st Century where advancements have been made in field of science and biomedical technology. Thus, it is a need of the day to explore real basis of the post Covid-19 rulings of Islamic law on pandemics primarily in the primary sources of Shariah. Likewise an analytical and comparative study of the Islamic teachings i.e. Islamic modes of prevention for such diseases
between NIH and WHO SOPs/guidelines will be center of debate in the impending sections.
1. THE CONCEPT OF DISEASES: DEFINITION AND EXPLANATION
Medically, any harmful deviation in humans from the normal structural or functional state of an organism is said to be a disease or ailment or infection. In Islamic law, al-BarGsawT, a hanafi" jurist defined: disease or sickness confronts the body; which deprives its proper moderation, (and thus it) causes defects in actions (and resultantly) leading to death. In other words: disease or sickness is something that appears in the body which deprives its normal or structural functions of an organism leading to distort in actions and causes to death.1 'Allama JurjanT writes: (disease) is something that causes the body and takes it out from a specific moderation.2 Similarly, many other Shariah scholars and Quran exegeses defined it in the same faction such as al-QurtubT, a malikT commentator, maintained: disease is something harmful deviation of a person from the normal structural or functional state of an organism. In other words: disease or sickness is something that takes a person beyond the limits of health due to defect.3 Likewise al-BaghawT4 and al-BaydawT5 among the shafi'Ts adopted the same approach along with al-ShawkanT,6 a salafT jurist, affirmed the same. The synonym of disease used in the holy Quran is (al-saqTm): "and he said: I am ill (or indeed I am sick)".7 The opposite spoken of al-saqTm is "al sahTh" (the healthy).8
Literally, in medical dictionary, the word "disease" refers to "an interruption, cessation, or disorder of a body, system, or organ structure or function".9 Or "an abnormal condition of an organism which interrupts the normal bodily functions that often leads to feeling of pain and weakness, and usually associated with symptoms and signs".10 Similarly, it is also known as "a pathologic condition in which the normal functioning of an organism or body is impaired or disrupted resulting in extreme pain, dysfunction, distress, or death".11 Additionally, the word "disease" denotes "a condition marked by subjective complaints, a specific history, clinical signs and symptoms, and laboratory or radiographic findings".12 Although, "disease and illness differ in that disease is usually objective and tangible or measurable, whereas illness (and associated pain, suffering, or distress) is subjective and personal"; thus, a person may have a serious but symptom-free disease (such as hypertension) without illness. Conversely, a person may be extremely ill (such as with posttraumatic stress disorder) but have no obvious evidence of disease.13
In the holy Quran, the word "disease" has the same meaning for both spiritual and physical ailments. The holy Quran says: "in their hearts there is disease and Allah has increased their disease".14 According to Imam al-Jassas,15 Imam al-NasafT,16 al-QurtubT,17 al-JabarT,18 Ibn KathTr19 including al-BarGsawT,20 al-BaghawT,21 al-BaydawT,22 and al-ShawkanT23 maintained that "disease" used in the mentioned verse has a variety of meanings such as religious, spiritual and bodily diseases i.e. hypocrisy, deceit, illness and etc. Similarly, in their view, the word "disease", in the holy Quran, conveys both connotations i.e. physical and spiritual sickness.24
With regard to physical diseases, the word "disease" has been used in various places in the holy Quran. As said: "if any of you is ill (sick), or on a journey, the prescribed number (should be made up) from days later". 25 It means the word disease is used both for spiritual as well as physical. Keeping in view the preventive measures, safety protocols and security of one's life and health; we have recommended the inclusion of "protection/preservation of health and prevention of diseases" i.e. "hifz al-sihhah wa-daf' al-amraz" to the list of five traditional objectives of Shariah as identified.26 Since, various Quranic verses and Prophetic sayings are evident on good health. For example: "no blame is there on the blind, nor is there blame on the lame, nor on ill (if he joins not the war)".27 In another place the holy Quran stated: "but if any of you is ill, or on a journey, [then] the prescribed numbers (should be made up) from the days later".28 While in other place, it says: "and if any of you is ill, or has an ailment in his scalp, (necessitating shaving), (He should) in compensation either fast, or feed the poor, or offer sacrifice (of sheep)".29 Further, the holy Quran said: "if ye are ill, or on a journey, or one of you cometh from offices of nature, or ye have been in contact with women, and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands".30
Various Prophetic (ahadrth) traditions indicated towards good health, and consider it one of the most prized and generous gift of Allah almighty. Ibn al-Qayyim31 recorded on the authority of AbG Darda where the Messenger of Allah replied to him, said: "Allah loves healthy one",32 i.e. means Allah the almighty loves healthy people, as it is evident of the holy Quran: "Allah hath gifted bodily powers". Moreover, Ibn al-Qayyim in his book al-trbb al-nabaw r stated on the authority of Ibn 'Abbas: "an Arab came and asked Allah's Messenger (peace be upon him): what should I ask Allah upon concluding each of the five daily prayers? Allah's Messenger replied: pray for good health. The man further asked: then what? Allah's Messenger (peace be upon him) reiterated: pray for good health. The man asked again: then what? Allah's Messenger (saw) replied again: pray for good health and well-being in this world and in the hereafter".33 Further Ibn 'Abbas narrated Prophetic saying: "two blessings which many people squander: good health and free time".34 Despite, there are also a number of traditions in the hadrth literature regarding good health. Consequently, in our understanding "protection/preservation of health and prevention of diseases" is one of the genuine necessities. In view of Ibn 'AshGr, "the indispensible interests relating to (darurryat) are those whose realization is necessary for the social order of community both individually and collectively. And in case of any defect will result in loss and disintegration of the whole community".35
2. THE CONCEPT OF PANDEMICS: MEANING AND DEFINITION
In Arabic dictionaries the word "pandemic" is described as a prevalent or rampant
disease that usually affects the environment and targets the human organism or
repository system ensuing in multiple deaths. Al-RazT al-HanafT, maintained:
"pandemic....is a rampant/extensive disease". 36 Most of the HanafT jurists asserted that pandemic refers to every general disease, (thus) every plague is an epidemic and not vice versa.37 While al-BarkatT al-HanafT affirms the same, as he said: "pandemic is plague or every pernicious disease or illness that afflicts (the human body) or when it increases".38 Additionally, al-ZabTdT denotes epidemic is an instant cause of death rate among the people.39 In another place he stated: "pandemic: affects the air (environment) and corrupts the moods/temperament and human bodies".40 Whereas Ibn ManzGr in Lisan al-Arab defined pandemic: refers to every pervasive disease.41
In Urdu dictionary the word "pandemic" is described as a "noun feminine: an instant cause of death(s) due to widespread insidious illness/sickness and prevalent deterioration caused by air or environment. Such as esophagus infection, diarrheal, or any infectious diseases like cholera, ta'oon and etc.42 similarly, the disease(s) that spreads frequently is said to be a pandemic. Additionally, the word pandemic used in kinaya sense refers to ordinary or widespread death(s) due to prevalent disease. Sometimes it is used metaphorically which refers to such illness or distress that causes heavily destruction to humans.43 Thus, we can find various definitions of pandemic(s), in diverse Urdu dictionaries, with slight differences.
2.1. TYPES OF PANDEMICS/DISEASES
Categorically, physicians have divided physical diseases into two types namely: I) Pandemic/infectious diseases; and II) Non-pandemic/non-infectious diseases.
I. Pandemic diseases refer to those ailments in which bacteria, microorganisms, or any kind of infection easily transmit from the infected person to another person. And that is why it spreads far and causes deaths at a large scale. The extremely dangerous form of this disease is the obscurity of viral attack on humans or any living organism resulting in death. Pandemic diseases are also called infectious diseases. In easy and simple words, every disease that spreads fast and is likely to affect one person from another is deemed a pandemic disease.
II. Non-pandemic or non-infectious diseases are those which are limited to a single human being. Even if the infected person may die of such disease, but it is not dangerous for other humans. In other words, such diseases are called noninfectious diseases as these are not contagious and do not transfer to other living humans by breathing, air, or through shaking hands and etc.
2.2. DESCRIPTION OF PANDEMICS//DISEASES
Undoubtedly, not every disease in the world tantamount to pandemic, but few diseases take the form of a pandemic.44 Thus, a short description of pandemic diseases is prerequisite to understand the description of pandemics or diseases as follow.
2.2.1. Ta'oon (Plague) Certainly, the history of pandemics reveals that the name of plague comes first as it has greatly affected mankind. Mullah Khisro and Ibn 'AbidTn among the HanafT
jurists viewed: there is no doubt that ta'oon (plague) is one of the most severe calamities.45 Obviously in this regard, al-NasafT a HanafT commentator contended that the word al-saqrm used in the holy Quran refers to ta'oon (plague).46 While explaining plague, Ibn al-Qayyim writes: "linguistically, ta'oon, the plague, is a type of disease". In, tTbb, "medical term; the plague is a fatal, vicious tumor that causes a very strong and painful infection".47 In his view the plague quickly turns the effected and infected area into various colors like black, green, blue, red and yellow colors appearing on the soft tissues or parts of body more particularly "under the arms", "tip of the nose" and "behind the ear" of the humans.48 In this back drop the plague some time refers to "black plague" which is one of the worst types and there is a little chance of survival to be cured. However, "red and yellow plague" is the least lethal. It must be noted that plague is often caused by septic blood that causes "blood hemorrhaging and pus" where the inflicted part/organ of body sends infected/spoiled blood to heart. Thus, in such case it causes "rapid heartbeat", "vomiting" and "unconsciousness".49 Similarly, it also causes various other infections such as ulcer and malignant growths in body parts. Normally, plague breakout in polluted area because of unhealthy air and environment. Interestingly, pandemics breakout mostly in later part of the summer, mid of winter and sometimes later part of autumn.50 The reason is obvious, as in these times of the year 'the air' is much polluted, since it acute bilious excretions will accumulate in these seasons that cannot be measured. Whereas in the later part of winter and autumn the air is usually cold and warm in nature respectively and thus it causes an immature excretion that normally affects the body resulting in putrid illness for the reason that the human body or its organism is ready to accept such types of aliments, being inactive and abundant of septic materials. That is why Hippocrates said that "autumn carries the worst types of ailments and deadly sickness/diseases, however spring is the best season and has the least occurrence of deaths".51 Consequently, the description of plague realizes how painful and contagious this disease is. Although, in view of Ibn al-Qayyim, the word epidemic is more general than the plague as every plague is an epidemic while not every epidemic is plague.52
2.2.2. Leprosy
Many ahadith has discussed juzam (judham) or jTzam so it would be appropriate to articulate the concept of leprosy for the ease of readers. In Islamic law the word 'tuberculoid leprosy' (jTzam), or 'lepromatous leprosy' (bars) refers to leprosy as a "malignant". Looking towards the holy Quran where the term abras refers to leprosy.53 The word abras literally mean leprous: a person infected with leprosy disease. Many Islamic lexicologists like Ibn STdah in muhkam, al- Jawhan in al-sihah, al- FTrGzabadT in al- qamus, and Murtada al-ZabTdT in taj al- arus used the term bars leprosy manifesting it with a white color appearing on the skin.54 Besides, abras, the word juzam (judham) or jTzam, describing the skin condition, is another identical word that is frequently used in the hadith literature referring to
leprosy. Jadhama or Juzama is the verbal form which means "to cut off, or to amputate" a body part such as an arm or figure and etc. Thus, juzama or jadhama and majzum or majdhum are the two cognates related to leprosy. Majzum or majdhum is the one who is afflicted with juzam (judham) or jTzam. Resultantly, such disease affects the limbs/appendage causing deterioration and decomposing falling off the flesh or limb i.e. body parts and skin or skin "craking".55 In English dictionary it is said to be a "chronic granulomatous56 communicable57 disease occurring in tropical and subtropical regions; characterized by inflamed nodules beneath the skin and wasting of body parts; caused by the bacillus mycobacterium leprae".58 Rispler-Chaim asserts "in this disease, patients were isolated and put in proper places called leprosaria". 59 Similarly, it also refers to "a chronic granulomatous infection caused by mycobacterium leprae. The granulomatous lesions are manifested in the skin, the mucous membranes, and the peripheral nerves". 60 Accordingly, two types61 of leprosy are classified as tuberculoid62 and lepromatous63. However, symptoms of both types "are skin lesions and usually a loss of pigmentation from said lesions"64 identified by experts of the field.
Ibn al-Qayyim, in his famous book al-tTbb al-NabawT, described it very systematically. He contended that, in this disease, patient's immune system becomes very weak and many glands are formed on the body due to which germs start spreading. Resultantly, due to its effect on nerves, the patient's face and body-shape and parts (arms' and legs') start getting deformed. Patient suffers from "peripheral neuropathy" and pus increases in the body. Additionally, at the same time, the flesh of the human being starts to break and falling-off along with a severe and nasty smell releases from the body of the leprous patient.65 Thus, in this sense, leprosy disease is painful for the patient as well as for those who are in the surroundings or associated with patient. Therefore, in many ahadiths, a special reference has been made regarding this disease.
Accordingly, the Prophet of Islam often sought refuge in Allah's name from evil and fatal diseases.66 Similarly, the Prophet also said: "no contagious disease, no infection and no evil, no divination, but good omen pleases me; save yourself (and one should run away) from leper as you flee from the lion".67 These golden words suffice the preservation and protection of one's life and health.68 Hence, in our understanding, in case of leprosy, it is required that patients must be kept away from the healthy members of the family and society. As, commonly there is an apprehension of death behind such disease.69
2.2.3. Chickenpox
Chickenpox is also on the list of pandemics in the world, which has resulted in many lives loss at the end of the fifteenth century. It must be noted that chickenpox has almost finished and ended across the globe in 1980. Certainly, the first book al-kullTyat fT al-tibb on smallpox has been written by Ibn Rushd.70 Chickenpox normally affects children and it also afflicts the adults. In Urdu
language it is termed as 'Cheechak' (chickenpox) which is a highly contagious viral infection and hence results in "loss of appetite, anxiety, fatigue, weakness, and a sore throat are early symptoms followed by the onset of fever before red spots appear on the skin or body fill with fluid and become blisters". Sometimes, "blisters of different sizes appear on the body and even the disease is ended, but their marks remained on the skin/body. Thus, if anyone is afflicted with such disease or any other malady which is likely to transfer to others, he must be kept away from the healthy ones.71 As, normally, most of the people avoid such patients afflicted with lethal or transmitted infections. Therefore, healthy members of the society, relatives and family members are required to avoid such patients not only to protect his/her health but also to preserve and protect their health which is one of the primary objectives of Islamic law.72
3. HISTORY OF PANDEMICS/DISEASES
The history of pandemic diseases is very old. The pandemic of plague in the year of 541 to 542 (AD) is considered to be the first major pandemic that spread in Rome and its surroundings. Resultantly, it killed two and a half million people. Similarly, another horrible outbreak of plague spread in the Muslim army in the period of Farooq-i-'Azam in 640 (AD). Imam al-ShaybanT, al-SarakhsT, 'AynT and many other HanafT jurists have comprehensively discussed the plague (ta'oon) of 'amwas in their writings.73 Additionally, the writing of Ibn Khaldun's denotes that, in the 18th hijri, a very dangerous and deadly outbreak of plague spread in Syria's qiryya 'amwas, which resulted in deaths of thousands of companions (sahabah). The historians considered it one of the major incidents of FarooqT's era in Islamic history.74 Ibn Hajr 'AsqalanT, a renowned jurist of Islamic law, has written a comprehensive book on the outbreak of plague in which he has explained the circumstances and the incidents in quite detailed manner. Showing Islamic history has faced many dangerous and lethal pandemics for most of the time. Therefore, a short description of these pandemics is given in the next segment.
3.1. DESCRIPTION OF PANDEMICS/DISEASES IN ISLAMIC HISTORY
As stated earlier, that Islamic history has faced many lethal pandemics and diseases which resulted in thousands of people. Therefore, a brief history is given as under.
1) In the Prophetic era a plague spread in the Madina which caused so many deaths.
2) In 18th hijri, during the era of Caliph 'Umar (R.A), another dangerous plague known as ta'oon amwas appeared in Syria due to which 25 thousand people were killed and the Muslim ummah lost many glorious (jalil al-qadr) companions.
3) In 50th hijri, a plague (like ta'oon 'amwas) spread in Kufa during the era of Abu Musa Ash'arT.
4) In 66th hijri, one of the dangerous epidemic of plague appeared in Egypt.
5) In 85th hijri (in the year of the death of 'Umar bin 'Abdul 'Aziz) plague was spread.
6) In 87th hijri, plague known as ta'oon fityat or ta'oon ashraf appeared. Where, more deaths of women were recorded in this plague than men.
7) In 100th hijri, plague known as ta'oon 'adi bin artaah appeared. While, the same nature of plague appeared in 107th hijri and 105th hijri respectively.
8) In 127th hijri, and 131st a plague in Muslim bin qatibah took place.
9) In 221st hijri and 406th hijri a horrible plague spread in Basra.
10) In 249th hijri, 301st and 346th hijri a dangerous plague was appeared in Iraq.
11) In 423rd hijri a plague devastated India (subcontinent).
12) In 438th hijri, plague spread in Mosul, the Island, and Baghdad,
13) In 452nd hijriin a plague spread in Hejaz and Yemen.
14) In 455th hijri, a plague appeared in Egypt, then in Azerbaijan, Al Ahwaz, and it is then spread in Basra until they had to dig graves and 20 people were put in the same grave. It also spread in Samarqand and Balkh. Due to which more than 6,000 deaths were happening daily. Where, people used to hire the services of the workers for burial and bathing till-all day long. The same lethal plague spread in Bukhara and Rabat.
15) In 455th hijri, thousands of people died every day due to the plague in Egypt.
16) In 469th hijri, 50 thousand people died in Damascus due to a severe plague.
17) In 478th hijri, an outbreak of plague appeared in Iraq. While, at that time, the whole world was almost wrapped in the said plague-pandemic.
18) In 575th hijri, the plague wreaked havoc in Baghdad.
19) In 633rd hijri, Egypt suffered a lot of the dangerous plague.
20) In 749th hijri, plague became common and even the holy Makkah was not safe from it.75
Consequently, the test of famine and plagues is one of the deadly chapters of Islamic history that could never be forgotten. The said pandemics have left many effects on Islamic history.76 Nevertheless, in the same way, after the history of Islam, many horrible and lethal plagues appeared in different times across the globe, although prevention and treatment continued till today.
21) In the year of 1347th to 1351st century, plague spread in Europe. This took the lives of more than the 7.5 million of people.
22) In the late 15th century, the outbreak of smallpox spread in America, which affected millions of people.
23) In 1665th to 1666th century, bubonic plague occurred in London known as "great plague of London" which caused millions of people. It was the same plague which appeared in 1331st century in Central Asia. The British author Daniel Defoe wrote a book "a journal of the plague year, 1665" which is first published in 1722. Where, a detailed discussion was made about the outbreak of plague appeared in London and Holland. Another interesting fact is that the situation in 1665th century was almost similar to the present-age novel disease nCov-19.
Notably, Daniel Defoe stated in his book: "it was about the beginning of September, 1664, that I, among the rest of my neighbors, heard in ordinary discourse that the (horrible and lethal) plague was returned again in Holland".77
The author outlined that, despite of the outbreak of plague in London; normally people were showing negligence towards it. Thus, realizing non-serious attitude of the people in life-loss situation, the government issued orders on 1st July 1665 regarding precautionary measures of plague, as "the order conceived and published by the lord mayor and alder-man of the city of Landon concerning the infection of the plague".78 So, it was more or less the same precautionary measures and guidelines which are issued by NIH and WHO for the Covid-19 pandemic at the end of August 2020. Albert Camus author of "the plague" which appeared at the beginning of 19th century (published in 1947) outlined the story of Cholera plague of Oran, Algeria. Due to which Oran city of Algeria was completely destroyed.79 The demanding aspect is that in the past people have not shown a serious attitude towards the pandemics at the beginning, but gradually when the situation becomes uncontrollable, people started to take precautions and opted precautionary measures. The same attitude is also witnessed during the Covid-19 pandemic.
Historically, from the year of 1915 to 1926 an outbreak of meningitis spread resulting in the deaths of 1.5 million people. Similarly, the Spanish flu pandemic (in the year of 1918 to 1920 which was) originated from Spain and have affected every 4th and 5th person of the world. Resultantly, the Spanish flue has caused more than one hundred (100) million deaths. Whereas, in the year of 1957 to 1985 an Asian flu spread through the ducks in China which affected the whole world and resultantly two (2) million people were approximately killed. Currently, before the commencement of Covid-19 pandemic, in the same (19th) century during the year of 2013 to 2016 an Ebola virus spread in the West Africa turning to a lethal pandemic has caused deaths more than eleven thousand and three hundred (11300) people.
4. THE CASE OF PANDEMICS/DISEASES IN PERSPECTIVE OF ISLAMIC LAW
Notably, it has remained the wisdom of Allah almighty that HE tests the human beings either by giving blessings or sometimes by taking those blessings. It is a divine order that often different tests comes from Allah almighty to check the patience of creatures (humans).80 This has been described in surah al-Anbiya that "every soul [living] shall have a taste of death: and WE test you by evil and by good [through bad and good situations] by way of trial, to Us must ye return".81 Study of Quran and hadith literature makes it clear that pandemics, whether large or small, is a test from the Allah almighty with dissimilar wisdoms as they are beyond human's understandings. However, Islam has given a set of rules and teachings to follow in times of pandemics or during the particular tests. These necessary guidelines are present in holy Quran, Sunnah and Prophetic biographies. Therefore, brief introductions of those necessary guidelines are given in next section.
4.1. NECESSARY GUIDELINES FOR PANDEMICS/DISEASES IN ISLAMIC LAW
4.1.1. Prerequisite: Turn Towards Allah the Almighty According to Islamic teachings, the first and foremost guidance, in case of a pandemic, is turning towards Allah almighty. Because all sufferings are the results of human's actions and it is in-fact Allah who removes these sufferings. Therefore, everyone should turn to Him. This kind of wisdom has been described in surah al-'Araf in this faction "and we were testing them with good and bad conditions that they might return".82 Moreover, humans must concentrate on their sins at the time of pandemic as what affliction falls on them is because of their own hands. Allah says: "whatever misfortune happens to you is because on the things your hands have wrought, and for many (of them) He grants forgiveness".83 Thus, in this regard, humans are required to repent, to ask forgiveness, and to correct your religious, economic, social, and moral matters, and it is necessary to ask Allah almighty for forgiveness of their sins.
4.1.2. Prerequisite: Faith in Devine Destiny
Keeping in view the Islamic teachings, in times of pandemics, humans (Muslims) are required to adhere to have faith in the divine destiny as they have complete belief and faith in the Oneness of God (Allah almighty).84 With regard to chapter of medicine in hadTth literature: "Allah has not sent down any disease except that He has also sent down the cure for it"; it was narrated by Abu Khuzsimah that the Messenger of Allah was asked: "do you think that the medicines with which we treat ourselves, the ruqyah by which we seek healing, and the means of protection that we seek, change the decree of Allah at all?" He said: "they are part of the decree of Allah".85 Similarly, Abu Khuzaimah said that his father asked God's Messenger, "Tell me whether spells we invoke, medicine we apply and caution we practice can avert anything God has decreed", He replied: "they are a part of God's decree". 86 Resultantly, Muslims are obligated to have faith on the divine destiny, since the marqyah from which we blow and the medicines from which we treat and the things that rescue us from harms cannot avert Allah's destiny. But, rather these things are part of the divine destiny.
During the Caliphate period of 'Umar (R.A), an outbreak of deadly plague spread in Syria's qaria 'amwas, in which kebar (greatest) companions died such as Abu 'Ubaidah bin al-Jarrah (R.A), Mua'ad bin Jabal (R.A), Yazid bin Abi Sufyan (R.A), Harris bin Hisham (R.A), and Sohail bin Hisham (R.A) were also among those greatest companions. While in the same pandemic there was an incident reported by 'Abdullah bin 'Abbas that 'Umar (R.A) was heading towards Syria. When he reached to Sargh (a town by the side of Hijaz on the way to Syria) it came to his knowledge that a plague has spread over there. Umar (R.A) postponed the program to go there after consulting with the companions. The news when came to the knowledge of Abu 'Ubaida bin al-Jarrah (R.A), he objected and asked why, amir al-mu'minin (the Caliph) are running from the fate of Allah? 'Umar (R.A) replied "yes, we are running from one destiny of Allah to another destiny".87 It means if
spreading of plague is the destiny of Allah, then running from the plague is another destiny for the purpose to take protection and opting precautions. As preservation and protection of life and health is amongst the objectives of Shariah.88 Therefore, all the prescribed guidelines should be followed in true letter and spirit.
4.1.3. Prerequisite: Having Patience This is the third major and important guideline which is also mentioned in the holy Quran to be patient and have patience. Allah almighty says: "be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere, who say, when afflicted with calamity: to Allah, we belong, and to Him we will return".89 Consequently, viewing the aforementioned verses, we are of the opinion that, Covid-19 pandemic was ultimately a test for the whole world and Pakistani nation's security in terms of "food, health, political, and economic security". Thus, positive response, patience and participation from all elements of society are vital in this venture. It must be noted that patience (sabr) and trust (tawakkul-self-denial) in Allah almighty are tools/believed to be able to increase positive thinking and behavior which in turn may increase immunity and adversity. These two have positive impact on its performers.
Looking to words the lexical interpretation of the cited verses where (laam takeed and noon-e-saqrla) prefixes are used. In Arabic grammar, it means something will definitely happen and the stage of testing will necessarily come from Allah almighty. Additionally, the cited verses clearly demonstrate the present-day circumstances of Covid-19 pandemic. As, humans got fear of Covid-19 virus along with the dread of growing unemployment; including risk of loss of life, property, and terror of various other lethal causes. All these multiple divergent trials came at the same time to test the believers. Therefore, patience is an ultimate tool and technique in abnormal circumstance to get Allah's tidings.
It is narrated by 'Amir bin Sa'ad bin AbT Waqas that "he heard Usama bin Zaid speaking to Sa'ad, saying, Allah's Messenger mentioned the plague and said": "it is a means of punishment with which some nations were punished and some of it has remained, and it appears now and then, so whoever hears that there is an outbreak of plague in some land, he should not go to that land, and if the plague breaks out in the land where one is already present, one should not run away from that land, escaping from the plague".90 Similarly, Hazrat 'Aisha (R.A-wife of the Prophet) narrates: "I asked Allah's Messenger about the plague, He told me that it was a punishment sent by Allah on whom he wished, and Allah made it a source of mercy for the believers, for if one in the time of an epidemic plague stays in his country (place/house) patiently hoping for Allah's reward and believing that nothing will befall him except what Allah has written for him, he will get the reward of a martyr".91 'AynT al-HanafT, while commenting and explaining the above hadith writes: "any person who died out of a natural death during the plague pandemic, and if he stays in his place patiently he will get the reward of
martyr".92 The same was affirmed by Ibn 'AbidTn al-HanafT.93 However, Ibn Hajar al-'AsqalanT maintained that "the person who remains in his house due to pandemic, he will get the status of martyr even if he does not die".94 In our understanding, the cited hadith also emphasizes and denotes to have patience at the times of pandemic; as patience and stead-faith results in the status of martyrdom even without the ensuing death out of plague.
Additionally, it is also reported by Usama bin Zaid that Allah's Messenger said: "this calamity or illness was a punishment with which were punished some of the nations before you. Then it was left upon the earth. It goes away once and comes back again. He who heard of its presence in a land should not go towards it, and he who happened to be in a land where it had broken out should not fly from it".95 Thus, in view of all the mentioned narrations, plague/pandemic is a penalty/punishment for those (disbelievers) to which Allah almighty reveals/sent it, and for some (true believers) it is a mercy. In such case a true believer, (of Allah) if, tolerantly remains in a place where plague is occurred by seeking Allah's reward believing that there will be no harm/trouble for him except what is already written/specified for him, such believer gets the reward of martyr even if he does not die, due to a firm faith and patience.96 Moreover, Allah almighty will compensate such patient with haven/paradise. Anas narrated: I heard the Messenger of Allah saying: "Allah, the Glorious and Exalted said: When I afflict my slave in his two dear things (i.e., his eyes), and he endures patiently, I shall compensate him for them with Jannah (haven/paradise)".97
4.1.4. Prerequisite: Courage and Braveness Islam has taught us the etiquette of visiting a patient (ill-person) during a pandemic or when afflicted with disease. It was narrated from Abu Sa'Td Al-KhudrT: "some of the Ansar asked the Messenger of Allah (for help) and he gave them (something). Then they asked him and he gave them, then when he had ran out he said": whatever I have of good, I will never keep it from you, but whoever wants to refrain from asking, Allah, the Mighty and Sublime, will help him to do so, and whoever wants to be patient, Allah will help him to be patient, so, none is ever given anything better and more far-reaching than patience".98 Similarly, he also narrated: the Messenger of Allah said: "when one of you visits the ill, then reassure him regarding his lifespan, thus, indeed that will not repel anything, but it will comfort his soul".99
Abu Sa'Td KhudrT has narrated Prophetic traditions: when you visit a patient, distant his sorrow of death. This does not change destiny but makes the heart of the patient happy.100 This hadith clearly demonstrates to get rid of any disease, patient's courage, braveness and mental strength is prerequisite. Equally, motivating patient for such traits is also imperative to counter the afflicted disease easily. In this regard, Ibn "Abbas (R.A) narrated: "the Prophet paid a visit to a sick 'arabT (Bedouin), and when He visiting a patient used to say: no harm will befall you! May Allah cure you! May Allah cure you! So, the Prophet said to the
Bedouin, no harm will befall you; may Allah cure you! (So after that) the Bedouin said (to the Prophet), you say, may Allah cure me? No, for it is a fever which boils in (the body of) an old man, and will lead him to the grave (without his will), (so at this) the Prophet (peace be upon him) said: yes, then may it be as you say".101 Meaning thereby, when the Prophet of Islam visited an ill-person/sick person for seeking his health condition, so normally He used to say (to the patient): don't worry (i.e. there is nothing to worry and no fear from an affliction), since it will be expiation (for your sins), and if God willing (in-sha-Allah) you will be (soon) recovered from it.102
With regard to courage, bravery and patience a tradition narrated by Abu Hurariah said: "that fever presented itself before the holy Prophet, and said to Him, send me to those people with whom you have a very deep connection, (thus) the Prophet (peace be upon him) sent it to the Ansar; so, fever gripped them for six days and six nights, (and hence) their feverish condition became very serious and the Prophet visited them at their homes, (so) thy complained of fever and the holy Prophet went to each house and prayed for their health; when he was returning, one of their women followed behind him and said: By Him who has sent you with the truth, I am of the Ansar and my father is also one of the Ansar; Just as you have prayed for the Ansar, pray for me too; (so) the Prophet asked her: what is it that you wish? If you wish, I will pray to Allah that He grant you health but if you are patient then paradise is for you; (at this) she said: I will endure (fever) patiently and will not risk (my chance of) admission to paradise".103 This (Prophetic) method of encouraging a patient is precisely according to human nature.
4.1.5. Prerequisite: Reliance and Trust in Allah the Almighty In times of pandemic, believers are required to have reliance and trust in Allah almighty is also amongst the list of important guidelines to counter pandemics. If any human adopted the cited qualities, he can pass through the test of pandemic very easily. The Prophet of Allah declared diseases, like plague and etc, as a mercy for the Muslim ummah. He said: "it is (plague) a punishment which Allah used to send on whom He wished, but Allah made it a blessing for the believers".104 Thus, it is (plague) a means of torture which Allah almighty used to send upon those to whom-so-ever He wants but nevertheless, at the same time, Allah almighty made it a source of mercy for the believers.
Certainly, how blessed we (Muslims) are that both the happiness and sorrows are aspects of good-rite for us on the condition if we remain grateful in happiness and patient in grief. Suhaib (R.A) narrated: the Prophet said: "strange are the ways of a believer for there is good in every affair of his and this is not the case with anyone else except in the case of a believer for if he has an occasion to feel delight, he thanks (God), thus there is a good for him in it, and if he gets into trouble and shows resignation (and endures it patiently), there is a good for him in it".105 He also said: "when a slave falls ill or travels, then he will get reward
similar to that he gets for good deeds practiced at home when in good health".106 The same hadTth is recorded in mishkat al-masabTh maintained that "this refers to his observance of salat, etc., cf. the traditions of 'Abdallah b. 'Amr and Anas".107 Therefore, believers are required to do good works in their daily life and more particularly during free times. Basically, reliance and trust in Allah almighty is the ultimate Islamic philosophy which keeps believers firm-footed, firm-hearted and firm-faithed in times of trouble. Equally, in this regard, when 'Umar (R.A) found amln al-ummah (the most honest man of the nation-Abu 'Ubaidah) was in danger of plague pandemic, he wrote a letter contained: on receiving this letter way-back to Medina without delay108 as soon possible, but 'Ubaidah (R.A), while showing tawakkul-'al-Allah wrote a beautiful answer to Caliph 'Umar (R.A); I know that you required me, but I am in the army of Muslims and I have no desire (need) to save myself from what is afflicting and to leave them. Even I do not want (and have an intention) to leave them until Allah's Will (i.e. until Allah implements His commands about me and them). So, O amTr al-muminln, when this letter reaches you, release (free) me from your command and permit (leave) me to stay on (in the army).109
Being a Muslim (believer), we have a firm belief that every good and bad omen/destiny is coming from Allah almighty. And we should be satisfied and pleased with it. Nevertheless, at the same time, we also have a firm belief that Allah almighty has given us wisdom and consciousness to use all the required tools, techniques and precautionary measures to enhance our living standards by struggling, in-questing and trying to wisely handle diseases and pandemics. Moreover, patience (sabr) and trust in God (tawakkul) are believed to be able to increase positive thinking and behavior which in turn may increase immunity and adversity. These two have positive impacts on its performers. Therefore, patients are required to be patient and have reliance/trust in Allah almighty.
4.1.6. Prerequisite: Assurance of Quarantine (Not to Enter or Leave the
Pandemic Area)
Islamic teachings also reveal that itinerant to pandemic areas is prohibited. The Prophet of Islam has urged on staying away from pandemic places. He said: "if you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it".110 In our understanding, the mentioned hadith is very relevant to the mitigation of Covid-19 pandemic by application of smart/complete lockdowns, self-quarantine, self-isolation, staying at home, maintaining social distance, and so on. Similarly, today's modern medical regime has acknowledged them and applied the same tools sealing the pandemic areas. With this the pandemic can be prevented from spreading to other parts of the country. Therefore, the government is obligated to take keen notice of those cities/areas where pandemic spread; it should be their prime responsibility to cutoff the afflicted city from other cities. Equally, they are required to take precautionary measures by keeping away the healthy people from
the people of afflicted city. Since, there is a possibility that, despite being apparently healthy, the associated germs of pandemic area are hidden in their bodies and their contagious effects may result in spreading the pandemic/infection to other cities/areas of the country.111
Looking towards the traditions of Caliph 'Umar (R.A); he forbade traveling to pandemic areas while doing ijtihad.112 'Umar (R.A) then gave an example: if you have a camel and you went to a valley which has two brinks; one is lush and fresh while the other is dry and spoil. So, if you graze your camels on a lush and fresh brink then you graze them from the destiny of Allah. But, when you graze your camels in a dry and spoil brink, then you also graze them from the destiny of Allah.113 Resultantly, what Caliph 'Umar (R.A) meant from it is that as there is no blame on the herdsman but his act is appreciable that gives rest to the animals. In the same way, I am the herdsman of my subjects, and take/back them to the country which I found good for them. Thus, this kind of act is not against the divine destiny but rather in accordance with the divine destiny.114 Consequently, due to safety and precautionary measures mentioned in the above hadith, the Caliph 'Umar (R.A) decided to return from Syria. Indeed, his decision was based on ijtihad, which was adopted later and today it is considered as a compulsory protective and preventive measure in contemporary medical ethics.
4.1.7. Prerequisite: Opting Physical Distance (Avoid Contact with Patients &
Suspects)
Knowingly, any disease which is likely to transfer from one to another then, keeping distance from such patients is prerequisite and a sign of inner wisdom. In this regard, 'Amr bin Sharid "reported on the authority of his father that in the delegation of thaqif there was a leper115. Allah's Apostle sent a message to him: "We have accepted your allegiance, so you may go".116 This hadith clearly demonstrates that the Prophet of Islam while considering precautions accepted the fealty without shaking hands with the leprous person.117 Similarly, Ibn 'Abbas narrated Prophetic saying that"do not keep looking at those who have leprosy."118
While Abu Hurairah narrated Allah's Messenger said: "that.....one should run away
from the leper as one runs away from a lion".119 Additionally, Ibn AbT Mulayka recorded: 'Umar bin al-Khattab "passed a leprous woman doing tawaf of the house (of Ka'abah - baitullah), and he said to her: slave of Allah, do not make people uneasy, better that you stay in your house" (mean sit at home and do not afflict people). So "she did so, (then after that once) "a man passed by her and said: (to her), the one who forbade you has died, so come out (from your house, thus), she replied: I am not going to obey him when he is alive and disobey him when he is dead".120 Means that when I obeyed him in his life (at the time when he was alive) so why should I disobey him after death (when he was dead).121 This clearly shows that she opted given guidelines in true letter and spirit. Moreover, it is narrated by Sa'Td bin al-Musaiyab that 'Umar bin al-Khattab (RA) said: "if any man married a woman and after sleeping with her finds that she is affected with leprosy or
insane, she gets her dowry (if he divorces her) for having intercourse with her, and it is returned to him from the one who has deceived him with her".122 Remarkably, when the plague pandemic intensified in Syria and Basra, Caliph 'Umar (R.A) was worried about the people of those areas. After consultation with the companions, he wrote a letter to Abu 'Ubaida (R.A), and ordered him to move to a place where there is a maximum chances (immunity) to fight the pandemic. He ordered him to take people out of the low and deep area to the top and highest places.123 It envisages that caliph 'Umar knew the precautionary tool of altitude that has an affective role to play while countering the pandemics. Since, a deeper area if infected by viral diseases then upper place is comparatively better option to be safe from the ensuing infection. Thereupon Caliph 'Umar (R.A) asked him to move the troops (army) to a healthier place. Abu 'Ubaida accordingly moved the troops to jabiah (a high place) which was famous for its good climate. Correspondingly, Ibn KathTr124 recorded from Abu Musa that we came to talk to him while he was in his house over there in the kufa. When we sat down, he said: do not stay here (in the said house/place) for a long time. Because in this house a person died from an infectious disease, and there is no harm in moving away from this town. Go to the wide and healthy places of your cities till this trouble (pandemic) ends. I am telling to you people what is disliked and can be protected from; since there is a perception about the one who is staying here would die resultantly. Or will get an affliction due to his stay over here (in the infected place). So, in such case, there is an apprehension if he had left the filthy place, he would not have gotten sick and would not have died. Thus, (in view of , Ibn 'AbidTn) when a Muslim did not think like that, then there would be no sin on him from moving away and getting out of the infectious area.125 He (Abu Musa) also said that, I was in Syria with Abu 'Ubaida bin al-Jarrah during the plague of 'amwas (known as ta'oon 'amwas) when the disease got its strength (spread), and the news reached to Caliph 'Umar, He ordered him (Abu 'Ubaida) to move from the lower/deeper land to the open wide and top place.126 Resultantly, these traditions let us to mark that in times of pandemics a sufficient distance must be maintained from the infectious patients and areas as a necessary preventive tool for the safety and security of healthy ones. While countering pandemics and to minimize its effects this preventive measure is widely adopted in contemporary world.
4.1.8. Prerequisite: To Evade Disappointment
Assertively, the sentiment of disappointment amongst patients resultantly spread any disease faster in a living-organism than the affliction of pandemic itself. In such situations avoiding distress becomes an inevitable tool while confronting diseases. The holy Quran stated: "say: O my servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is oft-forgiving, most merciful, (so) turn ye to our Lord (in repentance) and bow to His (Will), before the penalty comes on you: after that ye shall not be helped".127 While Jabir bin 'Abdullah narrated: "the Messenger of Allah took the
hand of leaper (who was suffering from tubercular leprosy); put it along with his own hand in the qas'ah (dish) and then said: Eat with confidence in Allah and trust in Him"128, or "Eat in Allah's name, trusting in Allah and relying upon Him".129 Knowingly that leprosy is contagious disease, and a leprous patient direly needs to get rid of pain and frustrated sentiments while fighting the disease. Therefore, a high level of encouragement is utmost imperative in such situation. So, the Prophet of Islam showed this act to guide the ummah that envisages the significance of patient's encouragement.
4.1.9. Prerequisite: Application of Medical Treatment Certainly, getting medical treatment is necessary as ones obligations.130 Injunctions of the holy Quran and Sunnah clearly demonstrate application of medical treatment.131 Many legal edits resolved "medication is a religious issue and concern" 132 on the basis of Prophetic tradition: "make use of medical treatment, for Allah has not made a disease without appointing a remedy for it".133 Similarly the Prophet said: "Allah has not sent down any disease, except he sent down its cure".134 This tradition conveys the meaning that proper treatment and medication is necessary in Islam, as Usama bin Shareek reported: when Bedouins came to the Messenger of Allah and then asked: "can we use medical treatment i.e. medication?' he (the Prophet) said: "yes, oh servants of Allah", "you can get medical treatment", because; "Allah Almighty does not create an illness without a cure for it-except for one disease", they (the Bedouins) asked, what is that 'O' Messenger of Allah?, he (the Prophet) said that: an "old age".135 Additionally, the Prophet also said: "for every illness there is a cure, and when it is properly applied to a disease; (means that when a dieses gets medical treatment), it cured (with) Allah almighty's willing".136 Commenting on the application of medical treatment al-DhahabT maintained "Muslim physicians have to pay special attention to Prophetic medicine and to his therapeutic instructions, as it is a key towards good health".137 Similarly, Prophetic traditions reveal clearly advised application of treatment to humans as well as animals. As, Abu Hurairah reported "the Prophet said: "the cattle suffering from a disease should not be mixed up with healthy cattle", or said: "do not put a patient with a healthy person as a precaution".138 He also reported: Allah's Messenger said: "the cattle (sheep, cows, camels, etc.) suffering from a disease should not be mixed up with healthy cattle, (or said: do not put a patient with a healthy person") (as a precaution). 139 In this connection Abu Sa'Td KhudrT said to me (S'asa'a) "I notice that you like sheep and you keep them; so take care of them and their food, for I have heard Allah's Messenger saying: a time will come upon the people when the best of a Muslim's property will be sheep, which he will take to the tops of mountains and to the places of rainfalls to run away with his religion in order to save it from afflictions".140
4.1.10. Prerequisite: Performing Worships at Home Islam is a divine religion that directs ease and relaxation in difficult situations.141 As, hardship begets facility is a golden rule in Islamic law.142 The Prophet of Islam also made it easy for his ummah to perform worship in their homes in certain situations i.e. abnormal conditions.143 Ibn 'Umar called the adhan for prayer on a cold, windy night, (and) then added, "Pray in your dwellings", then he said: when it was a cold, rainy night, God's Messenger used to command the mu'adhdhin to say: "pray in your dwellings".144 Various other traditions testify the same as Ibn 'Umar (R.A) made a call for prayer on a cold night, in which he said: 'O people! Pray in your own homes", and said that the Prophet ordered the muazzin (the one who calls for prayer in mosqueat the time) when the night was cold and rainy, told the people to pray at their homes.145 Meaning thereby, people has to offer prayers at their homes instead of mosque due to abnormal situation. 'Abdullah bin 'Abbas reported that "he said to the mu'adhdhin on a rainy day, when you have announced, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah do not say: Come to the prayer, but make this announcement: say prayer in your houses. He (the narrator) said that the people disapproved of it. Ibn 'Abbas said: Are you astonished at it? He (the holy Prophet), who is better than I, did it. Jumu'a (Friday) prayer is no doubt obligatory, but I do not like that I should (force you) to come out and walk in mud and slippery ground.146 Similarly, Muhammad bin Sinn said: "Ibn 'Abbas said to his mu'adhdhin on a rainy day: when you utter the words 'I testify that Muhammad is the Messenger of Allah', do not say: come to prayer, but (rather) say: pray at your homes, (so) by this (announcement) the people were surprised. He said: One who was better than me has done it. The Friday prayer is an obligatory duty. But I disliked to-put you to hardship so that you might walk in mud and rain".147 'Abdullah bin Haris narrates "once it (the earth) was mudded due to rain, Ibn Abbas sermonized and said to muazzin after the call for prayer, "tell them to pray in their own homes". After hearing this, people started looking at each other and considered it bad. Ibn 'Abbas said "it seems that you considered it bad, indeed, it has been done by Him (the Prophet) who was better than me".148 Then he said: Muslims (male adults) are under obligation to come to the mosque after (listening) the call for prayer is made, but I did not consider it appropriate to put you in trouble (due to abnormal situations).149 Similarly, in the state of fear and illness the Prophet Muhammad (peace be upon him) has exempted Muslims to offer prayer in the mosques. 'Abdullah bin 'Abbas (R.A) says the Prophet Muhammad (peace be upon him) said: "the person who heard the call for prayer and did not come to mosque, his prayer will not be accepted except there is an excuse".150 In another tradition the people asked: "What is excuse? The Prophet replied: Fear or illness (is an excuse and without it) his prayer will not be accepted".151 Resultantly, in these ahadTth, the main cause (illat) is described as fear and illness. Thus, assertively, on the basis of analogy and analogical reasoning we may extend the same rule (hukum) to Covid-19 with certain conditions. Since, the traditions envisages while it is raining, the
muazzin (the one who calls for prayer) is directed not to say in the calls of prayer (come for the prayer, come for the success) but rather say prayer should be performed in (your) homes, in your places.152
4.1.11. Prerequisite: Inducing Charity and Supplication Islamic law provides that charity and supplication (dua) both are easy tools to get rid of the difficult times. The same was recommended by the Prophet of Islam to his ummah. He said: "treat your patients through charity" or in other words "treat your sick ones with charity".153 Likewise, Anas bin Malik narrated Prophetic saying: "charity extinguishes (appeases) the anger of Allah and removes (averts) evil death".154 In this regard Quranic verses stated: "you can never attain virtuousness (righteousness) until you spend (give freely) something (in the way of Allah) that is your favorite and whatever you spend; indeed Allah is (knowing and) not unaware of it".155 Looking towards the hadrth literature regarding supplications, 'Ubadah bin As-Samit (R.A) narrates: "the Messenger of Allah said: whenever a Muslim supplicates Allah, He accepts his supplication or averts any similar kind of trouble from him until he prays for something sinful or something that may break the ties of kinship, (so) upon this someone of the Companions said (that) then we shall supplicate plenty, (thus the) the Messenger of Allah said: Allah is more plentiful (in responding)".156 While 'Aisha (R.A) reported: "when Allah's Messenger came to visit any sick he supplicated for him and said: Lord of the people, remove the malady, cure him for Thou art a great Curer. There is no cure but through Thine healing Power which leaves no trouble".157 Likewise Abu Sa'Td al-KhudrT (R.A) reported: "Jibril (Gabriel) came to the Prophet and said: O Muhammad! Do you feel sick? He (the Prophet) said: Yes, (so) Jibril supplicated thus (i.e., he performed Ruqyah): [With the name of Allah, I recite over you (to cleanse you) from all that troubles you, and from every harmful mischief and from the evil of the eyes of an envier. Allah will cure you; and with the Name of Allah, I recite over you]".158 Additionally, 'Ali (R.A) reported Allah's Messenger (peace be upon him) as saying: "Give the sadaqa (charity) without delay, for it stands in the way of calamity".159 The above ahadiths made it clear that charity and supplication both are simple methods to counter the difficult times and easy way of evading pandemics. It is worth mentioning that the Prophetic advice was adopted and applied in America and other European countries. Interestingly, with regard to "preserving prayer, supplication, and pleading with a lack and refraction of God almighty; in a tweet to US president (Donald Trump), he said: it is a great honor for me to announce on Sunday, March 15th, 2020, the national day of prayer in America!". Similarly, "the pope of the Vatican said: we pray that God will remove this epidemic from the people of the earth". Additionally, he said: "I unite with the bishops and the believers in these difficult times to live by faith, love and trust in the supremacy of God, that we pray for those who suffer from the corona epidemic and for those who support them".160
4.1.12. Prerequisite: Execution of Hygiene (Keeping Yourselves, Homes and
Surroundings Clean)
Assertively Islam has constantly stressed on cleanliness and purification. Such examples do not exist anywhere else. The holy Quran says: "indeed, Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean".161 With regard to purity and cleanliness, Salih bin AbT Hassan reported I heard Sa'Td bin al-Musayyib (R.A) saying: "verily, Allah is pure and He loves purity; He is clean and He loves cleanliness; He is generous and He loves generosity; He is magnanimous and He loves magnanimity",162 (so you people must keep yourself neat and clean).163 Consequently, personal i.e. body cleanliness is not only required in Islam, but rather Islamic law stresses to clean your surroundings also. These, commands have been repeatedly emphasized in the holy Quran and Prophetic Sunnah. The same was widely adopted by the present day medical regime countering any disease.
4.1.13. Prerequisite: Eat Pure and Healthy Food
Obviously, a moderate and balanced diet maintains a good health. Thus, by doing so human's body gets proper development and also enhances the ability to work. The holy Quran has wrapped the secrets of ancient and modern medicine simply in three words namely "eat, drink, and do not exceed the limit".164 These three are indubitable principles to which no one can disagreed in-Toto. Since, drinking and eating are the basic needs/necessitates of life, and without them, a man cannot survive for a long time and may not be able to render the assigned duties properly. Thus, Islam requires from humans to opt halal, pure and healthy food, and execute moderation in their eating's. Similarly, Islam emphasized not only to eat/consume haram (forbidden) and bad food as it makes the human body sick, but rather, at the same time, Islam also stresses not to overeat pure and beyond the limits. As immodest eating puts more burden on the stomach than its actual capacity. Resultantly, these tendencies often cause stomach disorder which is the ultimate root of all the diseases.
Notably, Abu Hurairah reported: the God's Messenger said: "the stomach is the tank (pool) of the body and the veins go down to it. When the stomach is healthy the veins come back in a healthy condition, but when it is in a bad condition they return diseased.165 Meaning thereby that, stomach is a pool for the body and the veins are connected to it from different body parts towards it, when the stomach is working in a right condition, it provides the right blood to all body parts, but when the stomach becomes sick, it makes all the body sick through the veins.166 Certainly, contemporary medical ethics has also given special instructions regarding stomach maintenance to opt a balanced diet. As, stomach accuracy is considered to be a sign of good health. Moreover, hygiene is also mandatory both in medical and Islamic code of ethics. However, Islamic medical ethics is very interesting to quote as Jabir bin 'Abdullah reported: I heard Allah's Messenger saying: "cover the vessels (pots) and tie the (mouth of) water-skin, for there is a
night in a year when pestilence (pandemic) descends, and it does not pass an uncovered vessel (pot) or an untied water-skin but some of that pestilence (pandemic) descending into it".167 Similarly, "this hadrth is also reported on the authority of Laith bin Sa'ad with the same chain of transmitters, but with a slight variation in wording (and that is that) he (the holy Prophet) said": "there is a day in a year when descends the pestilence (pandemic); at the end of the hadrth Laith said that the non-Arabs save themselves from it in kanun al-awwal (and this is the month of December).168 Likewise, 'Umar bin al-Khattab said: "do not wash in water which has been exposed to the sun, for it produces leprosy."169 Apart from these traditions, there is an urge to cover the vessels (pots) and it is in accordance with the principles of hygiene both in Islamic and contemporary medical ethics. There are various other Islamic guidelines as Miqdam bin Ma'dTkarib said: "I heard the Messenger of Allah (peace be upon him) saying: the human does not fill any container that is worse than his stomach, it is sufficient for the son of Adam to eat what will support his back, if this is not possible, then a third for food, a third for drink, and third for his breath".170 It means humans shall not excessively fill its stomach, so it is sufficient for him to eat a few mouthfuls/morsels to keep his spine-straight or back-upright. But, if a human wanted do so, then (he should keep), one-third for foodstuff, one-third for drink (liquid), and one-third for air (breathing)".171 Therefore, the principle of balanced diet along with the pure and healthy food is prerequisite while combating pandemics and diseases.172
5. THE CORONA VIRUS (COVID-19) PANDEMIC: ITS AFTERMATH
According to the WHO, the corona virus was first introduced in 1960 and up till now thirteen (13) types of it have been discovered. Corona virus is a new virus named SARS virus-2 and MERS virus. And the resulted disease termed as Covid-19 due to the fact that it is originated from Wuhan city of China at the end of December 2019.173 Certainly, within a week the novel virus named corona rapidly reached to others parts of China. While, in couple of months, it spread swiftly across the globe and termed corona virus pandemic. Resultantly, the global village went for complete lockdown thinking to reduce increasing number of patients and ensuing deaths ratio. Consequently, it has badly affected the world's economy including social life and etc. Since, across the globe, due to health issues all activities have been physically suspended. Same is the case of Pakistan; as a poor nation not fully equipped with the modern technology, widely affected and suffered a lot.
While countering the novel disease NIH (national institute of health), Pakistan established NCOC (national command & operation center) to manage core pandemic across the country. Thus, NIMs (national immunization management system) is efficiently functional under NCOC of NIH, Pakistan. With regard to Covid-19 pandemic; NCOC thought-out the novel pandemic actively involved in analytical decision-making by implementing smart and complete lockdown as and when required. Additionally, it issued various guidelines/SOPs174 regarding Covid-
19 keeping in view the WHO guidelines/SOPs. Resultantly, Pakistan stands 3rd amongst the rest of world-countries that managed and handled the Covid-19 pandemic effectively.
Being a Muslim, a question arises that whether religion has a cure for such pandemic(s) or not? As we know that while responding to Covid-19 pandemic Pakistani Muslim population at large were more adherent to the fatwas (legal edits and verdicts) issued by the Religious clerics than the state authorities. Since, we (Pakistani Muslims) believe that Religion (Islam) guides us via application of preventive and protective measures with a complete code of ethics in this regard. Consequently, most of the Pakistani people have acknowledged those rules/regulations and SOPs/guidelines which are mediated by religious scholars. Such as the issue of "social distancing", "washing stands", "cautions at the time of sneezing and cough", "temporary closure of mosques for prayers" and a-like SOPs/guidelines were then accepted in-Toto when these are arbitrated and recognized by Islamic scholars. Therefore, the present study is designed to investigate the post Covid-19 rulings of pandemics in Islamic law to assess whether the NIH, Pakistan and WHO SOPs are compatible with the injunctions of Islamic law? Whether Islamic law has offers a complete code of ethics to get protection from pandemics/Covid-19 and alike lethal diseases? Thus, rulings/legal edicts regarding various issues will be extensively debated in the coming section of "post Covid-19 rulings of Islamic law on pandemics: cautions of nCov-19 viz. a viz. compatibility with Islamic teachings" for ease of the readers.
5.1. THE CONCEPT OF COVID-19
Remarkably, a question arises why the Covid-19 virus called/termed as corona? Factually, the associated virus named corona due to its shape and structure. Interestingly, during the clinical examination through microscope, it has been noticed by the experts that edges of the virus are semi-round looks like a crown. While in Latin, the word crown is referred to corona, so as the particular virus referred as corona virus.175
5.2. EFFECTS OF COVID-19 ON HUMAN BODY
The corona virus is transmitted through respiration to the human body and first of all, it affects human cells that are present in the lungs, respiratory tract, and throat. That is why corona patients have trouble in breathing. Till now, no vaccine has been prepared, but the experiments have proved that it is an infectious disease that rapidly transmits from one to another. Certainly, the clinical literature shows that MERS-CoV (Middle East respiratory corona-virus syndrome) was identified by the experts in 2012 as "a causative agent of acute respiratory distress in renal failure", so as the "corona-virus is considered a source of in MERS of camels hump for humans repository system. Actually, CoVs (corona-viruses) are an extensive family of those viruses which causes various diseases ranging from common cold to more severe sicknesses including MERS-CoV and SARS-CoV (severe
acute respiratory syndrome). The nCoV (novel corona-virus) is altogether a newly strain formerly unidentified in humans. However, CoVs are considered animal vectors easily transmitted between humans and animals.176 Thus, camels are host reservoir for MERS-CoV along with human to human transmission.177 While, in China SARS-CoV emerged in 2003. Although, it is confirmed that the genome sequences of nCov-19 are more corresponds to "corona bat viruses" than the SARS sequence.178 Whereas, the signs and symptoms of nCov-19 appears 2 to 14 days after the virus exposure to human respiratory system causing "fever, weakness, and dry-hack, chest-tightness, dry/unproductive-cough".179 Normally, few patients may also feel pain and aches with common indications like nasal-clog, cold, sore-throat or bowels-looseness. However, some patients are tainted without any indications and some are convalesce without the application of proper treatment. Additionally, diverse forms of clinical issues are reported in Covid-19 infected patients such as hypertension, neurological attributes and cardiovascular cases along with decrease in platelets and rise/increase of CRP (C-receptive protein), PCT in blood routine including coagulation in liver and myocardial enzyme have been observed.180
6. POST COVID-19 RULINGS OF ISLAMIC LAW ON PANDEMICS: CAUTIONS OF nCOV-19 VIZ. A VIZ. COMPATIBILITY WITH ISLAMIC TEACHINGS
Certainly, with the beginning of nCovd-19 pandemic across the globe and more particularly in Pakistan, whether the precautionary measures issued by NIH, NCOC, Pakistan and WHO SOPs/guidelines are in accordance/compatible with the injunctions of Islamic law? Assertively, the present study found many examples in Prophetic traditions to get protection from pandemics and alike lethal diseases. Correspondingly, in this research, a comprehensive section is designated to "necessary guidelines for pandemic in Islamic law" to determine the moral, ethical and practical teachings of Islam to cure the pandemics and deadly diseases with special reference to Covid-19. Thus, the ensuing section articulated the post Covid-19 rulings of Islamic law on pandemics with the contention that Islam has a complete set of ethical code to prevent and protect from pandemics and fatal diseases. Similarly, it also debated on the NIH, NCOC, Pakistan and WHO SOPs/guidelines are accordance with the moral and ethical teachings of Islam keeping in view the contemporary biomedical norms.
Notably, various normative fatwas (verdicts/legal edicts) have been issued by the Muslim scholars across the globe while replying to the issues/questions egressed after the start of Covid-19 pandemic. Since, after the spread of epidemic particularly in Muslim world the available literature (rulings-legal edicts) clearly demonstrates that nCov-19 virus touched every aspect of peoples (Muslims) lives. Thus, resultantly, these legal edicts include different types of issues concerned with the areas Muslims majority including others in connection of public policy/guidelines and SOPs issued by NIH, Pakistan and WHO. The reason for choosing these two (NIH, Pakistan and WHO SOPs/guidelines) is obvious as both
mostly covers those issues/questions that have been tackled in post Covid-19 rulings of Islamic law on pandemics. Since, both the institutions tend to issue multiple guidelines for the rest of the world including majority of Muslims population. Therefore, this research discussed both the preventive and therapeutic measures including interrelated matters/issues that have triggered the ordinary lives of believers (Muslims) and others in ensuing segments.
6.1.THE PRINCIPLE OF PATIENT'S ENCOURAGEMENT DURING PANDEMIC
Notably, patient's mental strength and vigor is prerequisite while countering any (lethal) disease. Thus, patient's encouragement is an indubitable principle in this regard. If anyone encourages the patient instead of making him scared of the disease, he will swiftly recover from the disease. This strategy is adopted by the Prophet of Islam as AnTsa narrates from his father (Zaid ibn Arqam)181 that the Prophet visited him who became ill, so the Prophet said: "you shall not have any fear of this disease" (because you will be cured of this soon-if Allah willing).182 In this backdrop patient's encouragement is prerequisite fighting against any disease as the scholars of Islamic law "suggested that patience is the best option, since the hadTth indicates, in which the Prophet said to a lady, that she may be patient towards her illness". So, Muslims are required to be patient with their illness as Allah almighty expiates and remove their sins because of illness.183
6.2.THE PREMISE OF SOCIAL DISTANCING DURING PANDEMIC
One of the most resonant phrases heard during the Covid-19 pandemic was the call of "social distancing". While countering the novel pandemic Pakistani government imposed various types of smart and complete lockdowns in different parts of the country. Thus, in this regard, the premise of social distancing during Covid-19 was not an attractive call for the people (traditional Muslim believers). Thinking that this is the conspiracy of dajjal (false Messiah), that is why some Muslims did not opt this kind of instructions. Equally, they were of the opinion that Covid-19 pandemic is not a natural disease rather than artificially designed in biomedical laboratory by the enemies of Islam. But, they were unaware of the fact that the imperative principle of "social distancing" is devised by the Prophet of Islam for specific abnormal situations.
Notably, Ibn 'Abbas narrated from the Prophet (peace be upon him) said: "do not keep looking at those who have leprosy."184 While, 'AlT ibn AbT Talib narrates: the Prophet said: "do not look at leprosy patients for a long time and when you talk with him, there should be a distance of one javelin (neza) between you and the patient".185 Literally, the distance of a javelin is about six and half feet approximately, while NIH and WHO issued instructions to keep distance of six feet from the corona infected patients. Resultantly, the SOP which the Prophet of Islam (Muhammad-peace be upon him) has conveyed to His ummah was more effective than the guideline issued by NIH, Pakistan and WHO.
6.3.THE RULE OF HYGIENE: WASHING HANDS WITH WATER AND SOAP
Notably, a great care for hygiene by washing hands with water and detergent, and caring for body hygiene, clothes, and others repeatedly is the top of the guidelines issued by NIH, Pakistan and WHO. We also observed that a constant instruction was given by PTV (Pakistan Television) including print, electronic and social media regularly reminding the people to wash their hands with soap and detergents to be safe from the corona virus.
Correspondingly, Abu Hurairah narrated that I heard Allah's Messenger saying: "if there was a river at the door of anyone of you and he took a bath in it five times a day would you notice any dirt on him?" They said: Not a trace of dirt would be left, (so) the Prophet added: that is the example of the five prayers with which Allah blots out (annuls) evil deeds".186 Hazrat 'Aisha (R.A) narrates whenever Prophet intended to sleep in the state of jinabat he used to do wudoo (ablution), but if he intended to eat and drink, he used to wash both hands and then eat food.187 Literally, if we opts these two ahadrth in its true letter in spirit then NIH and WHO guidelines of washing hands will be automatically followed. Similarly, the Prophet of Islam has instructed us regarding taking bath (ghusl) and using miswak, as these also protect humans from an affliction. Thus, Islamic teachings and guidelines about purification (tahara) are very relevant in present-day to combat the novel pandemic. It is strongly recommended that the Islamic teachings regarding purification if coupled with the commitment to comply with Covid-19 health protocols, it will become more beneficial for any nation fighting against it and other pandemics. How elegant it would have been if the Muslim world and particularly Pakistani nation had set role models mitigating the spread of Covid-19 virus. Since, in our assertion, one of the biggest challenges in handling Covid-19 pandemic was that some Muslims were trapped in traditional and conservative attitude while understanding the relationship between Islamic teachings and Covid-19 health protocols. Consequently, we (the Muslims) are required to broaden our intellectual and analogical deduction as Islam itself is a very dynamic religion that encompasses each and every facet of life.
6.4.THE SUBJECT OF PRECAUTIONS AT THE TIME OF SNEEZING AND COUGHING
Clearly, contemporary medical research shows that corona virus easily transfer to others through mouth, nose, and ear. Thus, patients should be careful at the time of sneezing and coughing. In this regard the Prophet of Islam taught his ummah the etiquette of sneezing and coughing fourteen hundred (1400) years ago. Abu Hurairah reported: "when the Messenger of Allah (peace be upon him) sneezed, he placed his hand or a garment (cloth) on his mouth, and lessened (low) the noise".188 Additionally, Abu Hurairah narrated: "the Messenger of Allah saying: Allah likes sneezing but dislikes yawning, so when one of you yawns, he should restrain it as much as possible, and should not say Ha, Ha, for that is from the devil who laughs at him".189 Resultantly, this therapeutic method is widely
adopted by the contemporary world obligating the usage of masks during Covid-19 pandemic.
6.5.THE POLICY OF TEMPORARY CLOSER OF MOSQUES
Traditionally, some Muslims believe that closing of the mosques during Covid-19 pandemic is a form of fitna-e-dajjal (the false Messiah conspiracy). They are of the opinion that we are suspicious about the nCov-19 virus is not a natural but rather an artificial disease, since the (Zionists and Communists) enemies of Islam and Muslims designed this virus in a biomedical laboratory with the idea to destroy the divine order of Islam and Islamic law. That is why they have totally rejected the idea/guideline of closing mosques in Covid-19. The reason is obvious, as in their view the resulting numbers of deaths effected patients in Covid-19 pandemic is not that much to categorized such disease as ta'oon (plague) mentioned in the Prophetic traditions. Therefore, they should still carry-out their congregational (Friday) prayers in mosques with its full zeal. They often based their arguments on a variety of verses in the holy Quran. For example Allah says: "and who is more unjust than he who forbids (preventspraying in the mosques of Allah so) that (his name be not mentioned in them) in places for the worship of Allah, Allah's name should be celebrated?-whose zeal is (in fact) to ruin them? It was not fitting that such should themselves enter them except in fear. For them there is nothing but disgrace in this world, and in the world to come, an exceeding torment".190 Similarly, a Prophetic tradition is also a center of debate for these traditional Muslims during their arguments with regard to the closer of mosques. "Verily, if Allah sends disease from heaven to the inhabitants of the earth, Allah will keep the disease away from those who enliven the mosque".191 However, some of the Islamic scholars are of the opinion to opt the formula of social distancing even in the mosques during prayers. They believed in alternative methods in cases where the lives of public at large were endangered. Thus, in their view the numbers of worshippers during congregational (Friday) prayers should be reduced in order to avoid the spread of Covid-19 virus. While few of the Islamic scholars asserted that in abnormal situations of fear and diseases even the mandatory jumm'ah (Friday) prayer may be replaced with dhuhur (noon prayer) at homes. The ministry of religious affairs of KSA suspended hajj (pilgrimage to the holy Mecca) where millions of worshippers would gather. Believing that if performance of hajj and alike congregational gatherings endanger human lives, then alternative methods should be opted otherwise it has to be suspended. They were of the opinion that Prophet Muhammad (peace be upon him) suspended the congregational prayers at mosques due to heavy rains or cold weather. Thereby instructed the muazzin (the one who give calls for prayer) to say "pray at your homes" in adhan (call to prayer). Thus, the rule of this tradition may analogically be extended to Covid-19 pandemic. As it is much more serious situation than the heavy rain or cold weather. Resultantly, prayers including congregational prayers must be performed in houses. With regard to hajj suspension; they were of the view that historically hajj has been suspended forty times throughout the Islamic
history due to abnormal situations including plagues and wars.192 Similarly, mosques closer formula is implemented everywhere across the globe and more particularly in Muslim countries like Pakistan, Iran, Bangladesh, Tajikistan, Bahrain, Egypt, Malaysia, Morocco, and other Muslims minority countries like India, Singapore, and etc. In March 2020, the Council of Senior 'ulama in Egypt and Grand Imam of al-Azhar issued legal edict/verdict permitting the temporary closer of mosques and temporary suspension of congregational prayers in order to avoid the spread of Covid-19 virus.193 While in response to the legal edicts issued by these noteworthy authorities at Egypt, the President of Pakistan tweeted on 25th March, 2020, thanking them for entertaining his request and issuance of guidance regarding temporary closer of mosques and suspension of congregational prayers.194
Likewise, the "British Board of Scholars and Imams" (BBSI) in their statement suspended the prayers during the Covid-19 pandemic at mosques, open areas or in community centers throughout the Britain. They also issued various guidelines for Eid and other congregational prayers including religious gatherings and others to avoid the spread of Covid-19 virus.195 Additionally, a fatwa (legal edict) has been issued by the "Australian Fatwa Council" keeping in view the Islamic traditions along with the contemporary biomedical ethics and norms; suspended the daily prayers at mosques and ordered to pray at homes.196 The IIFA (international Islamic fiqh academy) Jeddah, KSA based of the OIC organization hold its 2nd annual Islamic legal medical symposium197 on 16th April, 2020 regarding Covid-19 pandemic.198 The IIFA unanimously recommended that opting precautionary measures is necessary to avoid the spread of Covid-19 virus. Thus, the closer of mosques for prayers and others including the performance of hajj and 'umrah should be suspended199 on the basis of the holy Quran as Allah almighty said: "O you, who have believed, take your precaution". 200
6.6.THE PROBLEM OF FASTING DURING THE HOLY MONTH OF RAMADAN
Interestingly, another question arose during the Covid-19 pandemic whether Muslims should observe fasting of Ramadan or not? Because some believed that there is an instant fear of decrease of immunity due to fasting which may resultant in incapability of fighting against the disease. Since, feeble immunity can cause an increase in the susceptibility of contracting the nCovid-19 virus. In this regard, ILRC (Islamic legal research committee) under the IRC (Islamic research council) of Al-Azhar hold a meeting in Cairo on 7th April 2020 with various SMOs (senior medical officers) and diverse medical specialists including medical experts from WHO. The sole purpose of the meeting was to take expert opinion on the cited issue whether fasting decreases human immunity? The committee which was comprised of different experts of the field reached to the conclusion, after threadbare discussions and debates, that till to date no medical research evidently established a linkage between fasting and contracting nCovid-19 virus. The committee, therefore, recommended that Muslims are obligated to observe fasting
in the holy month of Ramadan.201 Furthermore, on 16th April, 2020 IIFA issued a legal verdict based the committee's recommendations and available evidence that fasting does not affect human health and immunity in general. Since, renowned physicians, medical specialists and various experts of the field already recommended the same as "fasting does not increase susceptibility to the nCovid -19 virus, as till to date there is no scientific evidence available which testify the connotation of dry mouth reduces human's immunity to virus. Therefore, IIFA categorically declared that it is the duty of Muslims to observe fasting in the holy of Ramadan as per Islamic rules and principles. Moreover, the IIFA resolved that, it is not permissible for any Muslim to drop fasting merely on the pretext of corona, thus every Muslim if able, mukallaf (accountable), not-ailing, non-traveler and healthy was under obligation to observe the fasting. However, as for the nCovid-19 infected patients or those who are suspected to such virus they are on the disposal of Muslim expert and reliable physicians keeping in view their heath conditions whether such patients or suspected should keep fasting or otherwise. Moreover, the health practitioners, while attending and treating the patients, if suffering from weakness and fatigues may drop fasting on the basis of doctrine/principle of necessity. The IIFA also resolved that those practitioners who are fully engaged at the time of suhoor (pre-dawn meal) and iftar (breaking of the fast) might drop their fasting if feeling extreme necessity.202
6.7.THE ISSUE OF BURIAL OF COVID-19 PATIENTS
Indeed, in Islam, burial of a dead (Muslim) is obligatory and collective obligation (fard-e-kifaya) on the associated Muslims. In Islamic law, certain rules/rituals are laid down before the burial of a (Muslim) dead body. These rituals includes namely: (1) ghusl (mandatory bath or ritual washing); (2) kafan, (shrouding), and (3) salat al-janazah (funeral prayer). Keeping in view these three mandatory rituals; a question arises where ensuing death was resultant of Covid-19 virus, then whether these rituals may be performed in case of an imminent threat of virus spreading or which is likely to transfer to others (human beings)? To answer this question normally, scholars of the Islamic law looking towards the objectives of Islamic law203 and more particularly to the protection and preservation of one's life (hifz al-nafs). Thus, Islamic burial must be performed as mandatory upon the Muslims on the conditions that the lives of others (i.e. body handlers and rest of associated people/community) should not be endangered.204 Equally, emotions of the deceased relatives and dignity of dead body should be respected except in extraordinary situations such as wars, pandemics, natural disasters or other calamities.
Notably, in our understanding, any legal edict or verdict in this regard must be based on the available medical and forensic evidence. While determining any legal stance as per Islamic law sufficient medical evidence is direly needed on the performance of the mentioned three rituals for the dead body resulting from the Covid-19 virus. So, in such case if any evidence is recorded, proved, and the same
is likely to put the lives of others endangered or at risk, then as per Islamic legal maxim "harm must be removed"205 rationally invoke suspension of these rituals as and when required. Additionally, the available legal edicts (fatwas) and manuals for handling the dead bodies out of nCovid-19 virus clearly demonstrates that such cases may be examined on medical and forensic evidences. However, quite interestingly, till to date no scientific i.e. medical and forensic evidence is recorded in connection of the burial of dead body resulting from Covid-19 virus. Moreover, the guidance which is provided by Islamic and health authorities across the globe on these three mandatory rituals of burial in Islamic perspective is thoroughly discussed in the following section for ease of the readers.
6.7.1. The Matter of Ritual Washing (ghusl) of Covid-19 Patients
Certainly, with regard to ritual washing, diverse position is witnessed across the globe particularly in both Muslims majority and minority countries. Thus normal ritual washing (ghusl) has been administered, to the dead out of Covid-19, in many countries including Egypt, UK and Canada opting necessary protective measures. It includes wearing of PPE (personal protective equipments such as medically recommended gloves, gown, a waterproof apron, face shield and goggles and a mask). Similarly, the body handlers are required to avoid direct contact with the dead body's blood or any associated samples. In this regard, MMAC (Muslim medical association of Canada) and CCI (Canadian council of Imams) issued a detailed procedure and guidelines for the burial of Muslim victims out of Covid-19.206 Similarly, GEFC (global electronic fatwa center) of Al-Azhar also issued Islamic guidelines.207 The same was resolved by the Jordanian Board208 along with the Ministry of Health, Morocco and the AMJA "Assembly of Muslim Jurists of America Resident Fatwa Committee".209 On the other hand, if none of the above is permitted by the health authorities due to instant fear of virus spreading; then Islamic scholars of Algeria, France and Tunisia agreed that such dead body should be buried without the ritual washing (ghusl) and sand/dry purification (tayammum).210 There argument is basically based on the Islamic rulings issued by pre-modern Muslim jurists has permitted the novel burials without performing ritual washing (ghusl) especially in cases where high number of bodies resulting from epidemic would make it impossible.211
6.7.2. The Question of Shrouding (kafan) of Covid-19 Patients Certainly, the question of shrouding (kafan) is also one of those issues which are highly debated parallel with the matter of ritual washing (ghusl). Since, we know that shrouding (kafan) is another right of the diseased on its relatives or upon the Muslims community. It must be known that the same approach is adopted for the cited question as taken up for the matter of ritual washing. The present literature in shape of the legal edicts clearly demonstrates that will be done with the condition if there is no risk of virus infection is involved to those who administered it to the dead body out of Covid-19 virus. In this regard Islamic guidelines and
other manuals related to the burial of those died because of Covid-19 pandemic evidently denotes opting precautionary and protective measures. While the GEFC (global electronic fatwa center) of Al-Azhar suggested that for such cases a specialized team fully equipped with necessary and protective tools is mandatory in order to avoid the possibility of transfer of virus infection to others/healthy people.212
6.7.3. The Case of Funeral Prayer (salat al-janazah) of Covid-19 Patients Definitely, salat al-janazah (funeral prayer) upon the deceased is ultimately required as fard-e-kifaya (collective obligation) in Islam over Muslims community. The case of funeral prayer is thoroughly debated across the globe and more particularly in Muslim countries. Since, funeral prayers normally performed at graveyard or any specified and designated area in a way of congregation. Similarly, salat algha'ib (funeral prayer in absentia) is also performed congregationally as per Islam and Islamic law. To avoid transfer of virus to others or to minimize its spread in most of the countries closed the mosques for fard-e-'ain (obligatory) prayer. And same precautionary measures and necessary guidelines also advised/recommended for salat al-janazah (funeral prayer). Additionally, it was recommended that Muslims are required to offer funeral prayer in open areas keeping in view the formula of social distancing of six feet at least. Similarly, it is also suggested that the number of the performers should be reduced for the purpose to minimize an imminent threat of virus spread.213 The legal edicts and Islamic manuals also stressed the Muslims to ensure burials of the Covid-19 victims on the same day of their deaths.214
6.8.THE MANDATORY USE OF VACCINES AND INTERRELATED ISSUES
Obviously, the available literature related to post Covid-19 rulings of Islamic law on pandemics clearly observed that Covid-19 vaccines do not contain any sources of pigs or human derivatives. Since, clinically during its production; a variety of chemical reactions and transformation process occurs. Thus, all of its components and the resulting process of making the nCovid-19 vaccines falls within the Shariah (Islamic law) rulings regarding metamorphosis in Islamic jurisprudence. Consequently, the AFC (Australian fatwa council) concluded that "based on the (available) medical description of the current vaccines, their use for vaccination against (the novel disease named) Covid-19 is permissible according to Sharia(h) law (Islamic law)".215 Moreover, in their view and assertion it does not contain any prohibited substance as per Islamic law and similarly no harm is known that attributed to humans. Thus, "vaccination becomes mandatory if the government obligates it, because the government's rulings are commended by upholding public interests". At the last, the AFC maintained that "on this basis (mentioned above), this symposium calls on Muslims around the world to comply with the instructions issued by the governments of their countries and by the competent health authorities in their communities, in order to implement the Shariah (Islamic law)
objective of the preservation of life, which is one of the necessary purposes (objective of Shariah) in Islamic law".216 The same was resolved by IIFA, Jeddah, KSA as concluded that no known religious harm is attributed to Covid-19 vaccine. Thus, use of vaccine is highly recommended as necessary. Because it is religious obligation preserve and protect our lives. 217
CONCLUSION
Finally, after thorough analysis of the post Covid-19 rulings (legal edicts) of Islamic law on pandemics, it is concluded that the primary sources of Shariah offer us a complete code of ethics. The study found many examples in Prophetic traditions to get protection from Covid-19 and lethal diseases. The present article has evidently proved a linkage between the resulting issues of Covid-19 and teachings of Islam while countering pandemics. Equally, NIH Pakistan and WHO SOPs / guidelines are found compatible with Islamic injunctions especially to Prophetic Seerah (life). The guidelines given by the Prophet of Islam to His ummah fourteen (14) centuries ago were totally affirmed by the current medical and scientific regime. It is realistic to adopt these teachings along with the existing biomedical norms within Shariah rubric. People (Muslims) must be conscious about modern medial, forensic and clinical instructions, based on the scientific evidences and proofs within Shariah constrain, should be followed in all aspects related to Covid-19 patients, suspects and ensuing deaths. While managing the relating Covid-19 issues; both the scholars of Islamic law and (Muslims) biomedical experts are required to fully observe the limitation of the doctrine of necessity and its flexibility as enshrined in Shariah. The research found worldwide juristic creativity based on the legal methods and methodologies have contributed a lot to mitigate the effects and spread of nCovid-19 virus. The notion "harm has to be addressed" of Islamic law is widely adopted by the contemporary Muslim scholars in their legal edicts together with interdisciplinary approaches in Shariah perspective. The resulting literature and post Covid-19 rulings of Islamic law on pandemics have divesting effects in mitigation of novel virus both in sphere of preventive and therapeutic measures. In consequence, to combat pandemics and interrelated issues in Pakistan, the state departments and institutes are obligated to heed towards religious (Islamic) norms and guidelines viewing recent scientific instructions alongside the application of medication / vaccination as suggested by (Muslims) physicians and experts of the field.
FINDINGS AND RECOMMENDATIONS
(1) Preservation and protection of life and health is one of the primary purposes of Islamic law (maqasid al-Shari'ah). Thus, legally application of precautionary measures is mandatory on all to save humanity.
(2) The human history reveals that mankind has faced various problems. The concept of pandemics and diseases is not a new phenomenon.
(3) Religion (Islam) has given a special attention to pandemics and diseases. The Prophetic traditions and era of Caliph 'Umar (R.A) regarding plague and the subsequent pandemics are the best examples for humanity.
(4) Most of the viruses are found in animals; however the required information is obtained when it is transmitted to humans.
(5) Corona (nCovid-19 virus) presumed to be animal's oriented virus transmitted to humans.
(6) Islam and Islamic law believes that no disease is contagious however some can be transferred from one person to another, so it is ordained to be careful and take precautions.
(7) Religion (Islam) has not rejected application of medical treatment. Rather the Prophetic sayings denote that Islam has much serious and sensitive about public health.
(8) Islamic law obligates humans and especially the Muslim physicians opting modern medical treatment and precautionary measures. Shariah (Islamic) law orders to get benefited from the modern medical treatments. The Prophet Muhammad (peace be upon him) said: "knowledge and wisdom are the lost legacies of the believer, try to use them to get benefit of it wherever he found it".
(9) Islamic teachings suggested numerous solutions including spiritual and inner methods while countering pandemics and diseases. People are required to apply both (i.e. spiritual and physical) methods of treatment as it increases immunity.
(10) Religion (Islam) necessitates that (Muslim) world may develop as much as it can, but they cannot deviate from the standards except otherwise provided (in case of necessity which renders the prohibited as permissible).
(11) The notion of self-denial, (tawakkul) or trusting and believing in Allah is correct to be applied at the time of pandemic, but the teachings of Islam suggested the believers to be careful of the pandemics and diseases by applying preventive and therapeutic measures.
(12) Islamic laws stipulate to avoid contact with both the patients and suspects. The Prophetic traditions offered us a complete code of ethics in this regard which is widely adopted by the existing medical regime.
(13) Precautionary measures and SOPs like keeping social distance and etc are compatible with the sayings of Prophet Muhammad (peace be upon him).
(14) The premise not to spread disappointments in time of troubles, but rather Islamic law requisite high morale and courage is the important principles which are widely adopted by the psychologists and medical specialists.
(15) Application of treatment and opting necessary precautions are mandatory. Hence, in abnormal situations offering prayers and worships at home is preferable as per religious laws.
(16) Banning patients and suspects from mosques and other congregational gatherings by the government and civil administration is requisite as Caliph 'Umar (R.A) had prevented a leprous lady from tawaf-e-Ka'aba (i.e. pilgrimage)
(17) The rule of hygiene including balanced, moderate, and pure diet is necessary for human's health, as it increases the ability to work and performance of rituals.
(18) Religion (Islam) demands the human's entire life should be neat and clean in all aspects. The premise of home and environmental cleanliness plays an important role while fighting the pandemics and diseases.
(19) The NIH, Pakistan and WHO SOPs/ Guidelines are compatible with the injections of Islam and Islamic law.
(20) In Islam, salat al-janazah (funeral prayer) upon the deceased is fard-e-kifaya (collective obligation) over Muslims community. Although, precautionary measures and necessary guidelines should be followed in true letter in spirit.
(21) Contemporary jurists stressed on the normal ritual washing (ghusl) and shrouding (kafan) to the dead as a matter of right of the diseased on its relatives or Muslims community. Both rituals should be administered to the dead out of Covid-19 if there is no scientific evidence of virus spread to others.
(22) Juristically, in Islamic law, the dead body should be administered sand/dry purification or ablution (tayammum) if there is sufficient evidence/scientific proof of virus transfer to others.
(23) Legally, in case of imminent threat to others, the dead body should be buried without the ritual washing (ghusl) and sand/dry purification (tayammum). As pre-modern Muslim jurists has permitted the novel burials without performing ritual washing (ghusl) especially in cases where high number of bodies resulting from epidemic would make it impossible.
(24) The Covid-19 vaccine does not contain any sources of pigs or human derivatives. The use of it is permissible as per Shariah law.
(25) The Covid-19 vaccination becomes mandatory upon the people if the government obligates it, as per Islamic legal maxim, the governments rulings are commended by upholding the public interests.
REFERENCES AND FOOTNOTES
1 Al-Barusawi, (Abu al-Fida Isma'il Haqqi bin Mustafa al-Khalwati al- Istanbuli al-Hanaff, died. 1127.H), Ruh al-Bayan fT TafsTr al-Qur'an, Dar al-Fikr, 2003, vol.1, p. 55 & vol. 6, p. 171
2Al-Jurjarn, ('AlT bin Muhammad bin 'AlT al-SharTf al-Hussaini, al-Jurjani, died. 816. H), Kitab al-Ta'rTfat, Dar al-Kutub al-Islamiyah, Beirut, Lebanon, 1983, p. 211
3 Al-Qurtubi, (Abu Abdullah Muhammad bin Ahmad bin Abu Bakr al-Ansari al-Qurtubi al Maliki, died. 671. H), Jami', li-Ahkam al-Qur'an, known as, TafsTr al-QurtubT, Cairo, Egypt, 1937, vol. 1, p. 197
4 Al-Baghawi, (Abu Muhammad al-Husayn Ibn Mas'ud Ibn Muhammad al-Farra' al-Baghawi, al-ShafiT, died. 510/516.H), TafsTr al-BaghawT, known as Ma'alim al-TanzTl fi TasTr al-Quran, Da"r Ihy a' al-Turath al-'Arabi, Beirut, 1420.H, vol. 1, p. 88
5 Al-Baydawi, (Nair al-Din Abu al-Khair 'Abdullah bin 'Umar bin Muhammad al-Baydawi al-ShafiT, died: 685.H), TafsTr al-BaydawT: Anwar al-TanzTl wa-Asrar al-Ta'wTl), Dar Ihy a' al-Turath al-'Arabi, Beirut, 1418.H, vol. 1, p. 45
6 Al-Shawkani, (Muhammad bin Ali bin Muhammad bin 'Abdullah al-Shawkani al-Yemeni al SalafT, died: 1250.H), Fath-ül QadTr, Dar Ibn KathTr, Damascus, Beirut, 1414.H, vol. 1, p. 49
7 Al Quran, chapter no. 37, verse no. 89
8 Ibn Manzur, (Muhammad bin Mukarram Ibn 'AlT Ibn Ahmad Ibn Manzur al-AnsarT al-IfrTqT al-MisrT al-KhazrajT Jamal al-DTn Abu al-Fadl died. December 1311/January 1312), Lisan al-Arab, Da"r Ihy a' al-Turath al-'ArabT, 1996, vol. 1, p. 230
9 See, "Taber's Medical Dictionary: Term Disease" at: https://www.tabers.com/tabersonline/view/Tabers-Dictionary/731878/all/disease
10 See, (op. cite. note 9)
11 See, (op. cite. note 9)
12 See, (op. cite. note 9)
13 See, (op. cite. note 9)
14 Al Quran, chapter no. 2, verse no. 10
15 Al-Jassas, (Imam Abu Bakr Ahmad bin AlT al-RazT al-Jassas, al-Hanaff, died: 370.H), Ahkam al-Qur'an, Lahore, Pakistan, (n.d), vol. 2, p. 276 & 651
16 Al-NasafT, (Abu al-Barakat; 'Abdullah bin Ahmad bin Mahmud al-NasafT, known as Hafiz ad-DTn al-HanafT, died. 710. H), TafsTr al-NasafT; 'TafsTr Madarik al-TanzTl wa- HaqaTq al-TawTl', Dar al-Ma'rifa, Beirut, 1998, vol.1, p. 49
17 Al-QurtubT (op. cite. note 3) at, p. 197
18 Al-JabarT, (Muhammad bin JarTr bin YazTd bin KathTr bin Ghalib Abu Ja'far al-JabarT, died. 310. H), TafsTr al-JabarT; Jami'al-bayan 'an ta'wTl ay al-Qur'an', Dar al-Ma'rifa, Beirut, 1972, vol. 1, p. 282 & 286
19 Ibn KathTr, (Abu al-FTda Isma'Tl bin 'Umar bin KathTr al-BasrT al-Shafi'T, died. 774. H), TafsTr al-Qur'an al-'AzTm, Dar Jaybah lil-Nashr wa al-TawzT', 1999, vol. 1, p. 89 & 178
20 Al-BarusawT (op. cite. note 1)
21 Al-BaghawT (op. cite. note 4)
22 Al-BaydawT (op. cite. note 5)
23 Al-ShawkanT (op. cite. note 6)
24 See (op. cite. note 6)
25 Al Quran, chapter no. 2, verse no. 184
26 Fazli Dayan, (Ph. D Thesis), The Application of Doctrine of Necessity in Shariah and Contemporary Medical Issues with Special Reference to Family Matters and Pakistani Law, IIU, Islamabad, 2018, pp. 196-199
27 Al Quran, chapter no. 48, verse no. 17
28 Al Quran, chapter no. 2, verse no. 184 & 185
29 Al Quran, chapter no. 2, verse no. 196
30 Al Quran, chapter no. 2, verse no. 196
31 Ibn al-Qayyim, (Shams al-DTn Abu Abdullah Muhammad ibn AbT Bakr ibn Ayyub al-Zur'T l-DimashqT l-HanbalT, died. 691.H).
32 Ibn al-Qayyim, 'Ilam al-Müwaqqi'en 'an Rabb il 'AalaTm, Da"r al-HadTth, Cairo, 1993
33 Ibn al-Qayyim, Al-TTbb al-NabawT. ed. Shu ayb al-Arna'ut and Abd al-Qadir al-Arna'ut, Muwassatu al-Risalah Beirut, 1985, p. 216
34 Al-BukharT, SahTh al BukharT, book no. 81, chapter no. 1, hadTth no. 1; Ibn Majah, Sunan Ibn Majah, book no. 37, hadTth no. 4309
35 Ibn 'Äshör, Muhammad al-Tahir, Maqasid al-Shari ah al-Islamiyyah, (English translation and edited by Mohamed El-Tahir El-Mesawi), The International Institute of Islamic Thought, London, UK & Washington, USA, 2006, p. 118
36 Al-RazT al-HanafT, (Zain al-DTn Abu Abdallah Muhmmad bin AbT Bakr bin 'Abdul Qadar al-HanafT al-RazT, died. 666. H), Mukhtar al-Sihah, al-Maktabah al-'AsrTyah, al-Dar al-NamudhajTyah, Beirut, 1999, p. 332
37'AynT, (Abu Muhammad Mahmud bin Ahmad bin Musa bin Hussain al-GhitabT al-HanafT Badr al-DTn al-'AynT, died. 855. H), 'Umdat al-Qarï sharh Sahïh al-Bukharï, Da"r Ihy a' al-Turath al-'ArabT, Beirut, (n.d), vol. 5, p. 171, vol. 16, p. 58 & vol. 21, p. 256; see also, Ibn Nujaym, (Zayn al-AbidTn-Zayn al-DTn bin IbrahTm bin Muhammad bin Muhammad bin AbT Bakr, al-Hanaff, died. 970. H), Al-Bahr al-Ra'iq; Sharh Kanz al-Daqa'iq, wa-Mihnat al-Khaliq, Dar al-Kutub al-'IslamT, (n.d), vol. 2, p. 281; see, Ibn Nujaym, al-Asghar (Siraj al-DTn 'Umar bin IbrahTm bin Muhammad bin Muhammad bin AbT Bakr, al-Hanaff, died. 1005. H), Al-Nahr al-Faaiq; Sharh Kanz al-Daqa'iq, (li-Hafiz al-DTn al-NasafT), Dar al-Kutub al-IslamTyah, Beirut, 2002, vol. 1, p. 376; see, Ibn 'ÄbidTn, (Muhammad Amin Ibn 'ÄbidTn ash-SharT al-HanafT, died. 1836/1252.H), Al-Durr al-Mukhtar, wa-Hashïyat Ibn 'ÄbidTn, Radd al-Muhtar, Dar al-Fikr, Beirut, 1992, vol. 2, p. 183
38 Al-BarkatT, (Muhammad 'AmTm al-Ihsan al- MujadidTr al-HanafT, died. 1975/1395.H), Al-Ta'rTfat al-Fiqhïyah; Mu'jam yashrah al-alfaz al-mustalah 'alayha bayna al-fuqaha' wa-al-usûlïyïn wa-ghayrihim min 'ulama' al-dïn, Dar al-Kutub al-IslamTyah, Pakistan, 1986, p. 235; see also (op. cite. note 37)
39 Al-ZabTdT, (Muhammad bin Muhammad bin'Abdur Razzaq al-HussaynT Abu al-Faiz al-ZabTdT, died. 1205. H), Taj al-'Arüs min Jawahir al-Qamüs, Dar al-Hayah, (n.d), vol. 1, p. 478
40 Al-ZabTdT, (op. cite. note 39) vol. 35, at, p. 354
41 Ibn Manzur, (op. cite. note 8) at, p. 189
42 See, DehlavT, Syed Ahmad, Farhang-e- Âsifïa, al-Faisal, Nashiran-e-Kutub Lahore-Pakistan, 1902, vol. 4
43 RizvT, Farhat Fatima, Urdu Lughat, Urdu Lughat Board Karachi, 1977, vol. 22, p. 236
44 See, (op. cite. note 37)
45 Mullah Khisro, (Muhammad bin Faramarz bin AlT al-Mullah Khisro al-HanafT, died. 885. H), Durar al-hük'am Sharh' Ghurar al-Ahka'm, Dar al-Ihy a' al-Kutub al- ArabTyah, Beirut, 2010, vol. 1, p. 5; Ibn 'ÄbidTn, (op. cite. note 37) at, p. 211
46 Al-NasafT, (op. cite. note 16) vol. 3, at, p. 128
47 Ibn al-Qayyim, (op. cite. note 33) at, pp. 47-48
48 (op. cite. note 33) at, p. 48
49 (op. cite. note 33) at, p. 48
50 (op. cite. note 33) at, p. 48; see also, Ibn STna, (al-Husayn bin 'Abd Allah bin STna Abu 'AlT known as Ibn STna), Al-Qanün fïal-tibb, Dar al-Fikr, Beruit, 1994, vol. 1, p. 125
51 (op. cite. note 33) Ibn al-Qayyim, at, p. 54
52 (op. cite. note 33) at, p. 50
53 Al Quran, chapter no. 3, verse no. 49; and chapter no. 5, verse no. 110
54 Matthew L. Long, "Leprosy in Early Islam", In "Disability in Judaism, Christianity, and Islam Sacred Texts, Historical Traditions, and Social Analysis", (edited: Darla Schumm and Michael Stoltzfus), Palgrave Macmillan, Martin's Press -LLC, New York, US, 2011, pp. 43-62
55 Matthew L. Long (op. cite. note 54)
56 Relating to or characterized by granulomas or granuloma: A tumor composed of granulation tissue resulting from injury, inflammation or infection
57 Any disease capable of being transmitted by infection
58 See, WordWeb English dictionary.
59 Vardit Rispler-Chaim, "Islam and bioethics", Ankara, 2012, p. 29 (in Anatolia, Turkish people also knew small pox and practiced variolization since ancient times).
60 "Bubonic Plague: A Medical Dictionary, Bibliography, and Annotated Research Guide to Internet References", (editors: James N. Parker and Philip M. Parker), Publisher, Health Care, USA, 2003, p. 94
61 Alfica Sehgal, Leprosy: Deadly Diseases and Epidemics, Chelsea House Publisher, USA, 2006, p. 27
62 In tuberculoid leprosy, "skin lesions appear as light red or purplish spots", whereas patient(s) "usually have one or a few (normally fewer than five) hypopigmented lesions with well-defined borders". It must be noted that "tuberculoid leprosy is the more benign type, even though the nerves are affected, which leads to numbness (usually of the extremities)", which "affects the peripheral nerves and, sometimes, the surrounding skin, on the face, arms, legs, and buttocks". Similarly, "sensory loss is frequently observed around the lesions, thus tuberculoid leprosy is also known as paucibacillary leprosy" where "the nerve architecture is destroyed and there can be formation of granulomas in nerves". Additionally, "granulomas (inflamed nodules caused by the infection) are visible at the clinical level, as asymmetric nerve enlargement near the skin lesion". See, Alfica Sehgal, (op. cite. note 61) at, pp. 27-28
63 In lepromatous leprosy, "the skin lesions appear as yellow or brown nodules (protuberances), which are penetrated by many blood vessels". "Usually, there are multiple, poorly defined, hypopigmented areas that affect the mucous membranes of the eyes, nose, and throat. Multiple papules (nodular elevations on the skin) can appear". Thus, "these are usually symmetrically distributed and tend to infiltrate (penetrate) the skin", however, "there is a general thickening of the skin, especially on the face and ears", whereas the "patient(s) with an advanced form of this disease may lose eyelashes or eyebrows". Resultantly, "when someone suffers from disfiguring facial features, this condition is known as leonine facies". Additionally, "lepromatous leprosy, also called multibacillary leprosy, is the more easily spread of the two forms of leprosy". So, "this more severe form produces large disfiguring nodules", along with "the peripheral neuropathy (diseased state of the nerves) observed in lepromatous leprosy, causes muscle weakness and atrophy and has been associated with claw hands and foot drops". However, "in this form, the nerve structure is not destroyed much, but the nodules present in the neural areas have numerous bacteria". See, Alfica Sehgal, (op. cite. note 61) at, p. 28-29
64 Matthew L. Long, (op. cite. note 54)
65 Rafiq, Muhammad Ghos, "Practice of Medicine", Maktabah Danial Lahore, 2013, p. 590
66 The Prophet (peace be upon him) used to say: "O Allah, I seek refuge in you from; leprosy, insanity, elephantiasis, and evil diseases". Abu Dawud, Sunan AbT Dawud, book no. 8, chapter no. 518, hadTth no. 139; Al-NasaT, Sunan an-Nasa'i, book no. 50, chapter no. 36, hadTth no. 66
67 Al-BukharT, book no. 76, chapter no. 19, hadTth no. 27, see also, Al-Muslim, SahTh Muslim, book no. 39, chapter no. 34, hadTth no. 152
68 Fazli Dayan, (op. cite. note 26) at, pp. 364-365
69 Ibn Hajar al-'AsqalanT, (Ahmad bin 'AlT bin Hajar Abu al-Fazal al-'AsqalanT, al-Shafi'T, died. 852. H), Fath al-BarTsharh SahTh al-BukharT, Dar al-Ma rifa, Beirut, 1379, vol. 10, pp. 163-164; in case of leprosy, it is required that patients must be kept away from the healthy members of the society.
70 Ibn Rushd, al-kullTyat fT al-tibb, Dar al-Kutub al-IslamTyah, Beirut, Lebanon, 1971
71 Ibn Hajar (op. cite. note 69)
72 See, (op. cite. note 69); see also, Fazli Dayan, (op. cite. note 26) at, pp. 364-366
73 Al-ShaybanT, (Imam Muhammad bin al-Hasan al-ShaybanT al-HanafT, died. 189.H), Al-'Asal, Da"r Ibn Hazm, Beirut, Lebanon, 2012, vol. 3, p. 92; see also, Al-SarakhsT, (Muhammad bin Ahmad bin AbT Sahl Abu Bakr al-SarakhsT, al-HanafT, Died: 483-490. H), Al-Mabsut, Dar al-Ma rifa, Beirut, 1993, vol. 10, p. 166; and 'AynT, (op. cite. note 37) vol. 24, at, pp. 119-120
74 Ibn Khaldun, ('Abu Rahman bin Muhammad bin Muhammad, Ibn Khaldun Abu Zaid died: 808.H), TarTkh Ibn Khaldun: ("Kitab al-'Ibar wa Diwan al-Mubtada' wa al-khabar fT Ayyam al-'Arab wa al-'Ajam wa al-Barbar wa min 'Asarahum min dhawTal-Sultan al-Akbar"), Dar al-Fikr, Beirut, 1988, vol. 3, p. 4
75 Ibn Hajar (op. cite. note 69) at, pp. 361-370
76 Al-Shaybani, and Al-Sarakhsi (op. cite. note 73); see also, 'Ayni, (op. cite. note 37) vol. 24, at, pp. 119-120
77 Daniel Defoe, "A Journal of the Plague Year", E. Nutt London, 1722, p. 183
78 See, (op. cite. note 77) at, p. 198
79 Albert Camus, "The Plague" (translated by Stuart Gilbert), Hamish Hamilton, London, 1948, p. 18
80 Fazli, Dayan "The Concept of Medical Treatment and Guidelines for Physicians in Islamic Perspective" International Research Journal on Islamic Studies Vol. No. 1, Issue No. 2 (January 1, 2019) Pages (1-19) available at: https://www.islamicjournals.com/the-concept-of-medical-treatment-and-guidelines-for-physicians-in-islamic-perspective/
81 Al Quran, chapter no. 21, verse no. 35
82 Al Quran, chapter no. 7, verse no. 168
83 Al Quran, chapter no. 42, verse no. 30
84 At-TirmidhT, Jami'at-Tirmidhr, vol. 2, hadTth no. 21, No'manT Kutub Khana Lahore 2000, p. 187
85 Ibn Majah, Sunan Ibn Majah, In book reference: book no. 31, chapter no. 31(1), hadTth no. 2
86 Mishkat al-Masabrh 9, book no. 1, chapter no. 4(b), hadTth no. 91
87 Al-Muslim, Sahrh Muslim, book no. 39, chapter no. 32, hadTth no. 2219 a/136; see, Riyad al-Salihrn 9, book no. 17, chapter no. 361, hadTth no. 281; see, (op. cite. note 73); see also, BaghdadT, (Muhammad Ibn Saa'd), Tabqati Ibn Saa'd, Darul Isha'it-Urdu Bazar, Karachi-Pakistan, 2000, vol. 2, p. 85
88 Fazli Dayan, (op. cite. note 26) at, pp. 182-197; see also, (op. cite. note 80)
89 Al Quran, chapter no. 2, verse no. 155-156
90 Al-BukharT, book no. 13, chapter no. 90, hadTth no. 21
91 Al-BukharT, book no. 60, chapter no. 54, hadTth no. 141; see, Mishkat al-Masabrh 9, book no. 5, chapter no. 1(a), hadTth no. 25
92 'AynT (op. cite. note 37) vol. 21, at, p. 261
93 Ibn 'AbidTn (op. cite. note 37) at, p. 252
94 See, (op. cite. note 69 & 80)
95 Al-Muslim, book no. 39, chapter no. 32, hadTth no. 129
96 Al-BukharT, MarkazT Jamiat Ahi-e-hadTth, Hind, 2004, vol. 2, hadTth no. 732, p. 217
97 Riyad al-Salihrn 34, book no. Intro, chapter no. 3, hadTth no. 34; Mishkat al-Masabrh 1549, book no. 5, chapter no. 1(a), hadTth no. 1549
98 Al-NasaT, book no. 23, chapter no. 85, hadTth no. 154
99 At-TirmidhT, book no. 28, chapter no. 35, hadTth no. 52
100 At-TirmidhT, vol. 2, hadTth no. 2186, p. 212
101 Al-BukharT, book no. 61, chapter no. 25, hadTth no. 123
102 Al-BukharT, vol. 3, hadTth no. 2363, p. 175; and book no. 75, chapter no. 10, hadTth no. 16
103 Al-Adab al-Mufrad, book no. 29, chapter no. 228, hadTth no. 12
104 Al-Bukhan, book no. 76, 82 & 60, chapter no. 31, 15 & 54, hadTth no. 49, 25 & 141; Riyad al-Salihrn 33, book no. Intro, chapter no. 3, hadTth no. 33; Mishkat al-Masabrh 1547, book no. 5, chapter no. 1(a), hadTth no. 25
105 Al-Muslim, book no. 55, chapter no. 13, hadTth no. 82; Riyad al-Salihrn 27, book no. Intro, chapter no. 3, hadTth no. 27
106 Al-BukharT, book no. 56, chapter no. 134, hadTth no. 205; Riyad al-Salihrn 133, book no. Intro, chapter no. 13, hadTth no. 133
107 Mishkat al-Masabrh 1544, book no. 5, chapter no. 1(a), hadTth no. 22
108 "If the letter reached him in the morning, then he was to leave by night and if it reached him by night then he had to set out before morning".
109 Muhammad Hussain Hikal, Sydina 'Umar Farooq Ä'zam, lslamT Kutub Khana, Lahore, p. 400; Al-Muslim, book no. 39, chapter no. 32, hadTth no. 2219 a/136; Riyad al-SalihTn 9, book no. 17, chapter no. 361, hadTth no. 281
110 Al-BukharT, book no. 76, chapter no. 30, hadTth no. 44 & 45; Al-Muslim, book no. 39, chapter no. 32, hadTth no. 139; Abu Dawud, book no. 21, chapter no. 1139, hadTth no. 15, Riyad al-SalihTn 1791, book no. 17, chapter no. 361, hadTth no. 281
111 See, (op. cite. note 109) at, p. 423
112 Al-Muslim, book no. 39, chapter no. 32, hadTth no. 2219 a/136; Riyad al-SalihTn 9, chapter no. 361, hadTth no. 281
113 See, (op. cite. note 112)
114 Al-Muslim, hadTth no. 2784
115 It refers to tubercular leprosy. See, Mishkat al-MasabTh 4581, book no. 23, chapter no. 2(a), hadTth no. 65
116 Al-Muslim, book no. 39, chapter no. 36, hadTth no. 174
117 See, (op. cite. note 174); see also, Al-NasaT, book no. 39, chapter no. 19, hadTth no. 34; Ibn Majah, book no. 31, chapter no. 44, hadTth no. 109; Mishkat al-MasabTh 4581, book no. 23, chapter no. 2(a), hadTth no. 65
118 Ibn Majah, book no. 31, chapter no. 44, hadTth no. 108; Ahmad bin Hambal, Musnad Ahmad, Maktabah RahmanTah, Lahore-Pakistan, 2000, vol. 4, hadTth no. 7763, p. 90
119 Al-BukharT, book no. 76, chapter no. 19, hadTth no. 27 (Note: "the majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false").
120 Malik bin Anas, Al-Muwatta, book no. 20, hadTth no. 259; Al-ShaybanT, Al-Muwatta, li-Imam Malik bi-Riwayat Muhammad bin al-Hasan al-ShaybanT al-HanafT, Maktabah RahmanTah, Lahore-Pakistan, 2000, hadTth no. 475, p. 94
121 See, (op. cite. note 120)
122 Bulügh al-Maram, book no. 8, hadTth no. 1012
123 Muhammad 'Ali al-SalabT, Sydina 'Umar bin Khattab, al-Furqan Trust, (MuzafarGhar-Kashmir) Pakistan, p. 400
124 Ibn KathTr, Al-Bidayah wa al-Nihayah, Nafees Academy Karachi, 1989, vol. 7, p. 111
125 See, (op. cite. note 124); Ibn 'ÄbidTn (op. cite. note 37) vol. 6, at, p. 757
126 Ibn KathTr (op. cite. note 124)
127 Al Quran, chapter no. 39, verse no. 53-54
128 Abu Dawud, book no. 30, chapter no. 1482, hadTth no. 22; Mishkat al-MasabTh 4577, book no. 23, chapter no. 2(b), hadTth no. 69
129 At-TirmidhT, book no. 25, chapter no. 19, hadTth no. 31; Ibn Majah, book no. 31, chapter no. 44, hadTth no. 107
130 'AynT, Nukhbu al-Afkar fT TanqTh MabanT al-Akhbar fT Sharh Ma'anT al-Äthar, Wiza'rat al-AwqaT wa-Shuwoon al-Isla"mi"yah, Qatar, 2008, vol. 14, p. 167 & 173; Dayan, F, et al, The Application of Necessity in Medical Treatment: An Islamic Biomedical Perspective. Bangladesh Journal of Medical Science. 2021;20(1):24-32. https://doi.org/10.3329/bjms.v20i1.50341
131 See, (op. cite. note 130 & 80)
132 "Coronavirus (COVID-19) Vaccine Fatwa (Islamic Verdict)", Australian Fatwa Council, 13 February 2021, pp. 1 -5
133 See, (op. cite. note 132); Al-BukharT, vol. 3, hadTth no. 656, p. 217
134 Al-BukharT, book no. 76, chapter no. 1, hadTth no. 1; Ibn Majah, book no. 31, hadTth no. 3565; Al-DhahabT, (Muhammad bin Ahmad bin Usman bin QayyTm Abu Abdallah Shams al-DTn al-DhahabT al-Shafi'T, died. 1348.H), Al-TTbb al-NabawT. ed. (ShayyTd JamalT), Cairo, p. 156
135 SahTh al-BanT, book no. 14, hadTth no. 291
136 Al-Muslim, book no. 39, chapter no. 26, hadTth no. 95; Bonnie Steinbock; (edits), "the oxford handbook of bioethics", p. 18 (oxford university press, 2007). The first caliph has a similar view, "when he was asked that if he wanted to see a physician", he replied; "the physician has already seen me, (he was then asked that), what did he say?, he (the caliph) said; (and recited a verse no. 16, chapter no. 85, of the holy Quran'; 'Allah has the performer of what he desires"); Al-GhazalT, Ihya' 'Ulüm al-Dïn, vol. 4, p. 212 (Cairo, 1986)
137 Al-DhahabT (op. cite. note 134), at, pp. 51-53
138 Al-BukharT, book no. 76, chapter no. 54, hadTth no. 87
139 Al-BukharT, book no. 76, chapter no. 53, hadTth no. 85; Al-Muslim, book no. 39, chapter no. 33, hadTth no. 144; Ibn Majah, book no. 31, chapter no. 43, hadTth no. 106
140 Al-BukharT, book no. 61, chapter no. 25, hadTth no. 108
141 Fazli Dayan, (op. cite. note 26) at, pp. 121-123 & 203-247
142 See, (op. cite. note 26) at, pp. 286-289
143 Al-Muslim, book no. 6, chapter no. 3, hadTth no. 31; Al-Nasa'T, book no. 7, chapter no. 17, hadTth no. 29, Abu Dawud, book no. 2, chapter no. 365, hadTth no. 674
144 Mishkat al-Masabïh 1055, book no. 4, chapter no. 24(a), hadTth no. 473; See also, (op. cite. note 143)
145 Al-Bukhan, vol. 1, hadTth no. 639, p. 165
146 Al-Muslim, book no. 6, chapter no. 3, hadTth no. 35
147 Abu Dawud, book no. 2, chapter no. 365, hadTth no. 677
148 See, (op. cite. note 147)
149 Al-Bukhan, vol. 1, hadTth no. 682, p. 236
150 Ibn Majah, vol. 3, hadTth no. 793
151 Abu Dawud, vol. l, hadTth no. 552, p. 92
152 Al-BukharT, vol. 1, hadTth no. 632, 666
153 Al-BukharT, hadTth no. 3358
154 Mishkat al-Masabïh 1909, book no. 6, chapter no. 7(b), hadTth no. 135
155 Al Quran, chapter no. 3, verse no. 92
156 Riyad al-Salihïn 1501, book no. 16, chapter no. 252, hadTth no. 1501
157 Al-Muslim, book no. 39, chapter no. 19, hadTth no. 64
158 Riyad al-Salihïn 908, book no. 6, chapter no. 145, hadTth no. 908
159 Mishkat al-Masabïh 1887, book no. 6, chapter no. 6(c), hadTth no. 114
160 For details see his Tweet.
161 Al Quran, chapter no. 2, verse no. 222
162 At-TirmidhT, book no. 43, chapter no. 41, hadTth no. 72; Mishkat al-Masabïh 4487, book no. 22, chapter no. 4(c), hadTth no. 174
163 See, (op. cite. note 162); see also, At-TirmidhT, vol. 2, hadTth no. 1503, p. 231
164 Al Quran, chapter no. 7, verse no. 31
165 Mishkat al-Masabïh 4566, book no. 23, chapter no. 1(c), hadTth no. 51
166 Al-JabaranT, (Suliman bin Ahmad bin Ayub bin MatTr al-ShamT Abu al-QasTm al-JabaranT, died. 360. H), Al-Mu'jam al-Awsat, Dar al-Haramayn, Cairo, 1994, vol. 4, p. 329
167 Al-Muslim, book no. 36, chapter no. 12, hadTth no. 129; Mishkat al-Masabïh 4294-4298, book no. 21, chapter no. 6(a), hadTth no. 130
168 Al-Muslim, book no. 36, chapter no. 12, hadTth no. 130
169 Mishkat al-Masabïh 9, book no. 3, chapter no. 8(c), hadTth no. 190
170 At-TirmidhT, book no. 36, chapter no. 47, hadTth no. 77; Ibn Majah, book no. 29, chapter no. 50, hadTth no. 99
171 Riyad al-Salihïn 515, book no. Intro, chapter no. 56, hadTth no. 515; Bulügh al-Maram, book no. 16, hadTth no. 1476
172 See, (op. cite. note 171 & 130)
173 Nuhu A. Sanas, "The Correlation between Covid-19 Confirmed and Recovered Cases in China: Simple Regression Linear Model Evidence", "Electronic Research Journal of Social Sciences and Humanities", 2020, 2(l): 12106-129
174 Visit NIH, Pakistan official website for details.
175 See, "Clinical Virology", (editors: Douglas D. Richman, Richard J. Whitley, and Frederick G. Hayden), 4th Edition, ASM Press, Washington, 2016
176 Michael Letko, et al. "Functional Assessment of Cell Entry and Receptor Usage for SARS-CoV-2 and Other Lineage B Betacoronaviruses", Nature Microbiology, 2020, 5(4):562-569
177 Ali. M. Zaki, et al. "Isolation of a Novel Coronavirus from a Man with Pneumonia in Saudi Arabia", "the New England Journal of Medicine", 2012, 367(19):1814-1820; Bart L Haagmans, et al. "Middle East Respiratory Syndrome Coronavirus in Dromedary Camels: An Outbreak Investigation", "the Lancet Infectious Diseases", 2014, 14(2):140-145; Ben Hu, et al. "Discovery of a Rich Gene Pool of Bat SARS-Related Coronaviruses Provides New Insights into the Origin of SARS Coronavirus", PLoS Pathogens, 2017, 13(11):e1006698
178 Robert N. Kirchdoerfer, and Andrew B. Ward, "Structure of the SARS-CoV Nsp12 Polymerase Bound to Nsp7 and Nsp8 Co-Factors", Nature Communications, 2019, 10(1):2342
179 Fan Wu, et al. "A New Coronavirus Associated with Human Respiratory Disease in China", "Nature", 2020, 579:265-269
180 Ying-Hui Jin, et al. "A Rapid Advice Guideline for the Diagnosis and Treatment of 2019 Novel Coronavirus (2019-NCoV) Infected Pneumonia (Standard Version)", "Military Medical Research", 2020, 7(1):4
181 It is narrated by Zaid ibn Arqam that "the Messenger of Allah (peace be upon him) visited me while I was suffering from pain in my eyes". See, Mishkat al-MasabTh 3102, book no. 21, chapter no. 1138, hadTth no. 14
182 Mishkat al-MasabTh, Maktabah MuhammadTa, GhaznT street, Lahore-Pakistan, 2005, vol. 5, hadTth no. 527, p. 78
183 Fazli, Dayan (op. cite. note 80)
184 Ibn Majah, book no. 31, chapter no. 44, hadTth no. 108
185 Ahmad bin Hambal (op. cite. note 118) vol. no. 7, hadTth no. 7764, at, p. 98
186 Al-BukharT, book no. 9, chapter no. 6, hadTth no. 7; Al-NasaT, book no. 5, chapter no. 7, hadTth no. 15; At-TirmidhT, book no. 44, chapter no. 80, hadTth no. 10
187 Al-NasaT, Maktabah al-'Ilm Urdu Bazar, Lahore-Pakistan, 2004, vol. 1, hadTth no. 260, p. 87
188 Abu Dawud, book no. 98, chapter no. 43, hadTth no. 257 189Abö Dawud, book no. 97, chapter no. 43, hadTth no. 256
190 Al Quran, chapter no. 2, verse no. 114
191 Ibn 'Asakir ('AlT bin al-Hasan bin Hibat Allah bin 'Abd Allah, Hussain, known as Ibn 'Asakir al-DimashqT al-Shafi'T al-Ash'arT, died: 571AH/1176), vol 17, p. 11; and Ibn 'AdT, vol. 3, p. 232
192 Visit Pl. www.darah.org.sa/index.php/st-and-rep/darah-events/101-22-10-2018; See also, www.siasat.com "hajj has been cancelled 40 times in history"; For example, due to "the outbreak of hostilities, worshippers from different parts of the Muslim world could not perform hajj; such was the case for the Iraqis in 983 (AD) and for the Egyptians, Iraqis and Syrians in 1030 (AD), similarly hajj was suspended due to cholera outbreaks in 1837 (AD) and 1846 (AD)". See, "Epidemics, war have impacted Muslim worship throughout history", by Usaid Siddiqui, Aljazeera, News-Religion, 13th May, 2020 available at:https://www.aljazeera.com/news/2020/5/13/epidemics-war-have-impacted-muslim-worship-throughout-history
193 M. SabrT, Fataw al-'Ulama Hawla Fayrüs Kürünä, Dar al-BashTr, Cairo, 2020, pp. 13-15; www.facebook.com/AIRCAzhar/posts/2526762810916585
194 See, The Tweet of Dr. Arif 'AlvT, President of Islamic Republic of Pakistan.
195 See, "BBSI Guidelines for the Eid Prayer and Practices during the Coronavirus Pandemic", 18th May, 2020 available at:www.bbsi.org.uk/wp-content/uploads/2020/05/BBSI0G8-Guidance-for-Eid.pdf
196 See, AFC, "Important Notice & Fatwa: Coronavirus Update", 18th May, 2020, available at:www.anic.org.au/wp-content/uploads/2020/04/Important-notice-Coronavirus-Update-Fatwa.pdf
197 See, OIC, "2020 Second Medical Fiqh Symposium Recommendations the Novel Coronavirus (Covid-19): Medical Treatments and Shariah Rulings", 20th April, 2020 available at:https://www.oic-oci.org/topic/?t_id=23480&t_ref=13985&lan=en
198 For details see, www.oic-oci.org/page/?p_id=64&p_ref=33&lan=en#FIQH
199 See, (op. cite. note 197)
200 Al Quran, chapter no. 4, verse no. 71
201 The fatwa is available at:www.facebook.com/0ffcialAzharEg/posts/3382271245120278
202 See, (op. cite. note 197)
203 Fazli Dayan, (op. cite. note 26) at, pp. 184-194
204 Felicitas Opwis, Maqasid al-Shari'ah, in "Routledge Handbook of Islamic Law" (edits: "Khaled Abou El Fadl, Ahmad Atif Ahmad, Said Fares Hassan"), Routledge: London-New York, 2019, pp. 195-207; see also, (op. cite. note 26) at, pp. 184-204
205 See, (op. cite. note 204) and (op. cite. note 26) at, pp. 253-256
206 See, "Ghusl, Janazah & Burial during the Covid-19 Pandemic", Guidance Document by CCI And MMAC, 22nd March, 2020, available at:https://web.colby.edu/coronaguidance/files/2020/04/CCI_MMAC_Ghusl-and-Burial-Guidance.pdf
207 "Al-Dalïl al-Shar'ï lil-Ta'amul ma'a Virus Kürüna al-Mustajidah (Covid-19)", Al-Azhar, "Global Electronic Fatwa Center", Cairo, 2020, pp. 12, 42 & 47 available at:https://drive.google.com/file/d/1-cDQrZnjUvumkNiy33jbgTIeCcguHZWH/view
208 It is also resolved that if normal ghusl which includes scrubbing the deceased's body could lead to an infection due to insufficient resources or lack of facilities; then merely pouring or spraying water onto the body conveys the meaning of ghusl (ritual washing). See, Jordanian Board Resolution no. 283, issued on 19th March, 2020 available at:https://www.aliftaa.jo/Decision.aspx?DecisionId=636#.XoEXn0xuLwq. Abu Nu'aym Al-AsbahanT in his book al-tibb al-Nabawï also recorded a story of a person who afflicted with a contagious disease. After death his relatives merely poured or sprayed water onto the body without touching the corpus. See, Al-AsbahanT (Abu Nu'aym Ahmad bin 'Abd Allah bin Ahmad bin Ishaq bin Musa bin Mehran al-AsbahanT, died: 430.H), Al-tibb al-Nabawï, Dar Ibn Hazm, Beruit, 2006, vol. 2, p. 205. Read also the "instruction regarding handling of dead bodies of conformed or potential Covid-19 victims", Ministry of Health, Morocco, original text is available at:https://www.sante.gov.ma/Documents/2020/coronavirus/corona%2003/PR0CEDURE%2 0GESTI0N%20DECES%20DELM.pdf
209 See, "The Rights on the Muslim Community of the Muslims who Die with COVID-19 on the Muslim Community", by "AMJA Resident Fatwa Committee", Fatwa no. 87734, dated: 23rd March, 2020, available at:https://www.amjaonline.org/fatwa/en/87734/the-rights-on-the-muslim-community-of-the-muslims-who-die-with-Covid-19-on-the-muslim-community; (in the case of the presence of contagious diseases, the water can be poured on top of the cloth (that is not water repellent"). See, (op. cite. note 208) (Even if spraying of water could also lead to infection, then most Muslim jurists advocate that tayammum (dry purification) should be performed". See, (op. cite. note 208)
210 Ibid, visit also: https://www.sistani.org/arabic/archive/26406/
211 Ibn Najm al-Khallal, "'Iqd al-Jawahir al-Thamïnah fï madhhab 'alim al-Madïnah", Dar al-Kutub al-'IlmTyyah, Beirut, 2010, pp. 236-237
212 See, (op. cite. note 207)
213 See, (op. cite. note 208)
214 See, "COVID-19 Muslim Burial Resources", by MCB ("Muslim Council of Britain", 9th April, 2020 available at: https://mcb.org.uk/Covid-19-muslim-burial-resources/
215 See, "Corona-virus (Covid-19) Vaccine Fatwa (Islamic Verdict)", Australian Fatwa Council, dated: 13th February, 2021, pp. 1-5; see also (op. cite. note 214).
216 "The Australian Fatwa Council consulted with Muslim doctors and medical experts who specialize in the field of vaccines and viruses seeking clarity on the composition of the Corona-virus (Covid-19) vaccine and its effects, (thus) the following was the outcome: the Muslim doctors and medical experts scientifically confirmed that the vaccines (specifically: Pfizer and AstraZeneca) do not contain any prohibited substances or ingredients and that they have met the clinical standards of the TGA (at this stage Pfizer vaccine only, Astra Zeneca TGA application for approval is in progress and is also expected to be approved by the TGA quite soon), deeming them safe". See (op. cite. note 216)
217 "Based on what was conveyed by the trusted Muslim doctors and medical experts, the vaccine for the Corona-virus (Covid-19) is permissible according to the Islamic law as there is no known religious harm attributed to being vaccinated nor does it contain any forbidden substances, (hence) the vaccine will be considered necessary if there is any possible risk of harm to other humans due to non-vaccination, so there is a religious obligation to preserve human life that has been honored by Allah almighty". See, "Medical fiqh Symposium: Shariah rulings regarding the use of Covid-19 vaccines", IIFA, Jeddah, KSA, videoconference, 22nd February, 2021, pp. 1 -9; see also, "Statement on Vaccination Rules & Issues", by CCI, 16th September, 2021 available at:https://canadiancouncilofimams.com/2021/09/18/statement-on-vaccination-rules-issues/
