Medicine

RULING ON VACCINATION

Protecting children from danger or harm constitutes an obligatory responsibility upon parents. The administration of vaccines at present has proven to be the most effective method for protecting children from dangerous epidemic diseases such as smallpox, polio, influenza, meningococcal disease, diarrhoea, and others. Therefore, the administration of vaccines to protect children from epidemic attacks is included within the parental or guardian responsibility that must be fulfilled. Negligence in fulfilling this responsibility to the extent that it brings harm to children is sinful.

Refusal to take preventive measures to the extent that it may cause the transmission of dangerous epidemic diseases into society constitutes another sin.

RULING ON THE CIRCUMCISION OF FEMALE CHILDREN

After examining the textual evidences (adillah) discussed by scholars and the research of medical experts on this matter, the Fatwa Committee of the State of Perlis is of the opinion as follows:

The ruling on female circumcision varies according to the condition of a woman's genitalia. It is based on the condition of each woman after the necessity has been determined by an expert. If a woman finds herself in need of circumcision and it is agreed upon by an expert, then it is an act of nobility (makrumah) as mentioned in the hadith of Umm 'Atiyyah, which has been assessed as hasan (sound) by some scholars. If it is found that there is no necessity for circumcision, then circumcision need not be performed for her.

As for the circumcision of female infants performed by some segments of society without consulting its necessity to an expert, this constitutes a practice that has no basis in Shari'ah evidence (dalil shar'i), and may even expose the infant to harm (mudharat) if performed incorrectly.

The assumption that excessive sexual arousal in women is caused by not being circumcised does not possess any firm justification.

THE RULING ON BREAST MILK SHARING PROGRAMS IN HOSPITALS

Scholars have differed in opinion regarding several details pertaining to the rulings on breastfeeding (rada'ah). The majority (jumhur) hold the view that breastfeeding, whether directly or indirectly from the mother's breast, can establish mahram relationship through milk kinship (rada'ah).

In addition, there exist among scholars those who stipulate that the breastfeeding must occur directly from the wet nurse's breast. This is the opinion of al-Layth ibn Sa'd, Ibn Hazm, and others. This view is also given preponderance (tarjih) by Shaykh Dr. Yusuf al-Qaradawi, Shaykh Mustafa al-Zarqa, and others. Many scholars also mention that the mixing of milk from different mothers does not establish the ruling of mahram. Likewise, scholars have differed regarding the number of breastfeeding sessions that establish the relevant ruling. The majority of scholars give preponderance to five satiating feedings.

After discussing the above views and taking into consideration the necessity and reality that exists in preserving the lives of infants, particularly premature infants, as presented by the Ministry of Health Malaysia (KKM), the Fatwa Committee of the State of Perlis is of the opinion that the breast milk sharing program proposed by KKM does not contradict Islamic law (hukm shar'i).

Nevertheless, the Committee requests that the method of implementing such program take into account the following matters:

1) It shall obtain consent from both parties (the wet nurse and the nursing child), except in emergency circumstances.

2) If feeding occurs five or more satiating times from the same wet nurse with clear records, then both parties (the wet nurse and the nursing child) must be made aware of each other. This is to safeguard the rulings pertaining to mahram relationships.

The Committee also wishes to inform that there exists latitude of opinion in this matter, whereby scholars such as al-Layth ibn Sa'd, Ibn Hazm, Shaykh Dr. Yusuf al-Qaradawi, Shaykh Mustafa al-Zarqa, and others stipulate that the breastfeeding must occur directly from the mother's breast; therefore, for those who adhere to this opinion, the two aforementioned conditions are not required.