2020 Second Medical Fiqh Symposium

Recommendations

 

Novel Coronavirus (Covid-19):

Medical Treatments and Shariah Rulings

 

held

via video-conferencing

23 Sha’aban 1441 / 16 April 2020

Jeddah, Kingdom of Saudi Arabia

In the name of Allah, the Entirely Merciful, the Especially Merciful

Praise be to Allah, Lord of the worlds, and may the blessing and peace be upon the master and seal of prophets, Muhammad son of Abdullah, on his family, his companions, and those who follow him with righteousness till the day of judgment.

Given the spread of Coronavirus disease worldwide and the growing number of infections and deaths day after day, the International Islamic Fiqh Academy of the Organization of Islamic Cooperation held the second medical fiqh symposium of this year, entitled “The Novel Coronavirus (Covid-19): Medical Treatments and Shariah Rulings” via video-conferencing on Sha’aban 23, 1441, corresponding to April 16, 2020.

His Excellency Dr Yousef Al-Othaimeen, Secretary-General of the Organization of Islamic Cooperation, stated that this symposium is an opportunity to reconcile the opinions of scholars in the fields of medicine and Shariah. Given that the coronavirus pandemic threatens everyone regardless of colour, race and creed, the symposium aimed to formulate a convergent position that would inform the projects of decision-makers across the OIC member states.

His Excellency Sheikh Dr Saleh bin Humaid, Advisor to the Saudi Royal Court, President of the Academy, delivered a speech about the important role of the International Islamic Fiqh Academy. Since its foundation, the Academy has considered medical jurisprudence and has addressed contemporary issues, including legal issues related to the new coronavirus in light of Shariah medical provisions.

His Excellency, the Secretary-General of the International Islamic Fiqh Academy, Prof. Abdul Salam al-Abbadi, described the proceedings of the symposium, and the President of the Academy took on the role of moderator. The symposium was attended by members of the Council of the Academy, medical specialists, and scholars of Shariah.

The symposium involved rich discussions, interesting interventions, and submitted research and presentations from both the medical and Shariah perspectives. It lasted from eleven in the morning until half-past two in the afternoon and included a break for Dohr prayer at half-past one.

Participants appointed a committee to draft the recommendations of the symposium, and the names of the committee members are included at the end of the recommendations.

Participants reached the following medical and legal recommendations:

1) Definition of the disease: Covid-19 is the respiratory infection caused by the novel coronavirus that emerged in 2019. The World Health Organization officially designated the disease as a global pandemic on March 11, 2020. The virus is believed to have originated in an animal, possibly a bat or pangolin though the transmitting animal remains unclear.

The virus is quite contagious from person to person. Carriers of the infection are divided into asymptomatic carriers and carriers with severe symptoms, such as fever, cough and shortness of breath (from moderate to severe). The disease develops over a week or more and may produce symptoms ranging from mild to acute conditions. A large proportion of these acute conditions require intensive clinical treatment.

Worldwide, the mortality rate is thought to be between 2% and 3%, but it varies by country and case severity. As at the time of writing, no vaccine has yet been developed against the disease. Infection control measures remain the central pillar of prevention (e.g. washing hands, covering the nose and mouth when coughing, physical distancing from health practitioners and social distancing between people). Knowledge about the nature of this disease is incomplete but is improving over time, though coronaviruses are known to mutate and regroup frequently, and this makes it difficult to understand and confront this disease.

2) Islamic Legislation (Shariah) is known for many merits including removing hardship, toleration, facilitation, overcoming hardship and reducing obligations.

Among other things, when something is difficult to do and reaches a degree of extreme urgency or necessity, Allah The Almighty has legislated exemptions that allow the accountable people (mukallafun) to do what has been prohibited, and that nullifies previous orders until the necessity demises. This reflects the mercy, beneficence and generosity that Allah has bestowed upon his servants.

Islamic jurisprudence presents important legal maxims to use in times of crisis, the most important of which are:

-Removing hardship and practising toleration.

-Hardship begets ease.

-When a matter tightens, it will widen.

-When saving lives, exemptions take precedence over duties.

-There is to be no harm and no reciprocating harm.

-Rulers’ decisions must be in favour of public interest.

-Rulers may restrict permissible things within specific areas to preserve the public interest.

3) Muslims must protect themselves as much as possible against diseases. Islamic law commands us to save lives from destruction and prescribes that everyone has a right to save their own life by preventing illnesses before they occur and taking medicine after they occur. Prophet Muhammad (blessings and peace be upon him) said, “O servants of Allah! Use remedies. For indeed Allah did not make a disease, but He made a cure for it except for one disease, old age.” (Sahih al-Bukhari, Muslim, and Musnad Imam Ahmed)

Hence, the preservation of the human soul is one of the fundamental objectives of Shariah. Other objectives include the preservation of faith, intellect, offspring and wealth. Allah the Almighty said, “Whoever killed a human being, except as a punishment for murder or for spreading corruption in the land, shall be regarded as having killed all mankind, and that whoever saved a human life shall be regarded as having saved all mankind.” (Al-Ma’idah : 32)

Relevant authorities have the right to carry out medical and first aid interventions related to the pandemic, because “the Islamic creed prescribes that healing is in the hands of Allah the Almighty, but medicines and medical treatments must also be taken into account as causes of healing that Allah the Almighty has deposited in the universe. One should not despair of the will of Allah and his mercy, but should rather keep hope in recovery thanks to Allah’s will.” (See Academy resolution No. 67 (5/7) on medical treatments at its seventh session, held in Jeddah, Kingdom of Saudi Arabia.) Therefore, it is not permissible to introduce the so-called herd immunity or community immunity, which calls to leave the spread of the disease to those who are more susceptible to die, like older people, and those who have multiple diseases due to a failure in providing possible medical treatments as required by Shariah.

4) It is permissible for states and governments to impose restrictions on individual liberties in a manner that serves the public interest, whether by preventing entry into and exit from cities, imposing a partial or complete lockdown, imposing a travel ban, banning financial operations using notes and coins, suspending businesses, services, schools, and closing markets.

It is also necessary to respect decisions made by states and governments concerning “social distancing,” which helps encirclement of the virus and prevent its spread. Actions of the rulers rely on public interest, in accordance with the legal maxim stipulating that “rulers’ decisions must be in favour of public interest.”

5) Cleanliness in Islam is an act of worship and devotion, and this has many proofs in Islam. Allah The Almighty said:

“O you who have believed, when you rise to perform prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles. And if you are in a state of impurity, then purify yourselves.” (Al-Ma’idah : 06)

“Indeed, Allah loves those who are constantly repentant and loves those who keep themselves purified.” (al-Baqarah : 222)

“And your garments keep free from stain!” (al-Mudathir : 04)

Moreover, the Messenger of Allah (peace be upon him) said, “Cleanliness is half of faith” (Sahih Muslim). It is, therefore, necessary to respect the rules of personal and public hygiene. In the context of this pandemic, Shariah obligates precautions including washing hands with soap and water, wearing masks and gloves, and respecting health directives issued by relevant authorities.

It is permissible to use disinfectants that contain alcohol to disinfect hands, surfaces, buttons and handles because the substance of alcohol is not unclean according to Shariah. (See the Academy resolution n° 210 (6/22) on the transformation and dilution of additives in food and medicine, issued at its twenty-second session, in the State of Kuwait.)

6) Shariah obligates the isolation of patients infected with the coronavirus. In addition, those who are suspected of carrying the virus or have developed its symptoms must practice social distancing from their family, all acquaintances and the general public. It is not permissible for those who carry symptoms to hide it from the relevant medical authorities or from their recent contacts.

In addition, a person who knows an infected person who is careless about his/her infection must report this to health authorities to reduce the risk of spreading the virus. Infected people must follow all instructions from relevant medical authorities, which in turn have the right to reprimand infected people for hiding their illness. Allah The Almighty said:

“And make not your own hands contribute to your destruction, but do good; indeed, Allah loves the doers of good.” (al-Baqarah : 195)

“And do not kill yourselves or one another. Indeed, Allah is to you ever Merciful.” (al-Nisa: 29)

And Prophet Muhammad (peace be upon him) said:

“If you hear of an outbreak of plague in a land, do not enter it; but if the plague breaks out in a place while you are in it, do not leave that place.” (Sahih al-Bukhari)

“Those with contagious diseases should be kept away from those who are healthy.” (Sahih Muslim)

“There should be neither harming nor reciprocating harm.” (Abu Dawud, Ibn Majah, and Malik)

Concerning plagues and contagions, Prophet Muhammad (peace be upon him) said:

“None among men, whose place where he lives is affected by a plague, remains in his house, patient, seeking reward, and knowing that nothing will befall him except what Allah decreed for him, but that Allah will grant him a reward similar to that of a martyr.” (Sahih al-Bukhari)

7) Doctors and experts confirm that gatherings lead to coronavirus infections, so precautions must be taken by avoiding gatherings in all forms. Allah The Almighty said, “O you who have believed, take your precaution.” (An-Nisa’ : 71)

These precautions include the Islamic legitimacy of closing Mosques for Friday prayer, daily congregational prayers, Tarawih prayers and Eid prayer; the suspension of Hajj and Umrah, businesses and various means of transport; the imposition of curfews; the closing of schools and universities, the adoption of distance learning; and the cancellation of all other forms of gatherings.

8) During suspension of Mosque gatherings and congregational prayers, the call to prayer must be maintained because it is one of the symbols of Islam. The muadhin shall include in the call to prayer, “Pray in your houses,” based on a hadith of Prophet Muhammad (peace be upon him), reported by Ibn Umar (may Allah be pleased with them).

Muslims who live in the same house might perform congregational prayers in the same house where they live.

9) Since Mosques are closed, people might perform Dohr prayer instead of Jumu’ah prayer, which is not allowed at homes. However, relevant authorities are allowed to hold the Friday sermons and prayer in one of the Friday mosques as long as they respect medical and Shariah-inspired sanitary conditions. These sermons and prayer may be transmitted through television, radio and the internet for the general public.

It should be noted that it is not permissible to pray remotely, by following the broadcasted voice of the Imam, due to the presence of long barriers.

10) In this pandemic, health workers and security officers and their counterparts are allowed to take rukhsa (practising religious exemption) to perform jam’ taqdeem (early combination of prayers) or jam’ ta’kheer (delayed combination of prayers) if necessary. (Apparent combination (jam’ suri) is for those whose legal school does not allow combining prayers.)

11) Concerning the fast of Ramadan, fasting does not affect health in general. Doctors and specialists have already confirmed that fasting does not increase susceptibility to the virus. There is no scientific evidence that dry mouth reduces immunity to the virus; therefore, the duty to fast at Ramadan remains an established principle. It is not permissible to drop fasting under the pretext of corona; every able, accountable, non-travelling and healthy person is required to fast.

As for infected patients or suspected cases, the decision of whether to fast should be made after consultation with the attending physician. Muslims should fast unless doing so would affect their health, as determined by reliable doctors treating their conditions.

Health practitioners might drop fasting if they suffer from weakness and fatigue. They might also drop fasting if they are occupied during iftar and suhoor, and feel an extreme necessity for that. However, everyone must comply with compensation (qadh’a) or atonement (kafara) for each missed day. If one is unable to compensate or atone, they must then feed a poor person for each day missed as compensation.

If Muslims want to engage in Tarawih and Qiyam prayers, they might perform them at home and shall have a reward for that.

12) Governments and all people should be urged to assist those who have lost their livelihood due to the pandemic, drawing from what the Almighty said:

“Believe in Allah and His messenger, and spend in charity out of the substance whereof He has made you heirs. For, those of you who believe and spend in charity,- for them is a great Reward.” (al-Hadid : 07)

“Whoever gives for the sake of Allah a beautiful loan, Allah will multiply unto his credit many times over.” (Al-Baqarah : 245)

“The example of those who spend their wealth in the way of Allah is like a seed of grain which grows seven spikes; in each spike is a hundred grains. And Allah multiplies His reward for whom He wills. And Allah is all-Encompassing and Knowing.” (al-Baqarah : 261)

And the Messenger of Allah (peace be upon him) said:

“The similitude of believers in regard to mutual love, affection, fellow-feeling is that of one body; when any limb of it aches, the whole body aches, because of sleeplessness and fever.” (Sahih Muslim)

“A Muslim is a brother of another Muslim, he neither wrongs him nor does hand him over to one who does him wrong. If anyone fulfils his brother’s needs, Allah will fulfil his needs; if one relieves a Muslim of his troubles, Allah will relieve his troubles on the Day of Resurrection; and if anyone covers up a Muslim his sins, Allah will cover him up (his sins) on the Resurrection Day”.(Sahih al-Bukhari and Muslim)

It is permissible to expedite the payment of Zakat to less than a year or more, particularly in circumstances when it is desirable to give it out. It is also necessary that the community offers benevolent loans and interest-free loans, and cooperates as much as possible. It is essential to help and assist those in need, such as neighbours, relatives, friends and the poor.

Zakat and social solidarity funds, announced in many countries, should be supported. Allah the Almighty said, “As-Sadaqat (i.e. Zakat) are only for the poor, those employed to collect zakat, to attract the hearts of those who have been inclined towards Islam, to free the captives, those in debt, for Allah’s Cause, and for the wayfarer (a traveller who is cut off from everything); a duty ordained by Allah. And Allah is All-Knower, All-Wise.” (al-Tawbah : 32)

Abu Sa’id al-Khudri (may Allah be pleased with him) reported: “Once we were on a journey with the Messenger of Allah (blessing and peace be upon him) when a rider came and began looking right and left. The Messenger of Allah (peace be upon him) then said: Whoever has an extra mount should offer it to him who is without it, and whoever has surplus food should give it to him who has nothing;” and he continued mentioning other properties until we thought that none of us had any right to the surplus of his own property.”(Muslim, Abu Dawud, al-Baïhaqi, and others)

Zakat al-Fitr is an obligation according to a hadith reported by Ibn Omar (may Allah be pleased with them), “The Messenger of Allah ordered to give Zakat al-Fitr; and He said: Save them (i.e. the poor) wondering around (in the markets and the streets asking for food) on that day.” (al-Baïhaqi and Daraqutni) This hadith refers to the first day of Eid Al-Fitr, but in the setting of this pandemic, it is permissible to give zakat from the beginning of the month of Ramadan.

13) The deceased must be washed, even if by watering, and wrapped in a kaffan (burial shroud). If this is not possible, then tayammum (dry ablutions) should be performed; if this is not possible either, then ghusl (washing) may be cancelled while taking into account the instructions for wrapping and burial. Janazah prayer may be performed before burial if possible, otherwise after burial. Muslims can also perform salat al-ghaib (the absentee prayer), even individually, in any possible place.

It is strictly forbidden to cremate corpses, and the burial process should be expedited because delaying burial is disliked in Shariah. Ibn Umar (may Allah be pleased with them) said: “I heard the Prophet, (blessings and peace be upon him) say, “When one of you dies, do not delay his burial; hasten him to his grave”(al-Baïhaqi)

14) It is permissible to wash the deceased from epidemics with remote control devices, provided that washing complies with the conditions, duties and sun’nan (desirable acts) of washing the dead, as well as with established health and environmental requirements. In this regard, Muslim professionals are called to speed the production of such devices.

15) Condolences are desirable during this pandemic, and they may be delivered through various means of communication without personal visits to avoid viral transmission.

16) Muslims and the media should avoid spreading dreadful rumours among people, and everyone should fight against false and unreliable information to avoid incurring negative consequences. Allah The Almighty said, “Not a word does he utter but there is a watcher by him, ready to record it.” (Qaf : 18)

Also, we urge people to use all multimedia, publishing and social media for the authentic promotion of medical awareness, religious provisions and all other provisions related to this pandemic. Finally, people should spread hope and optimism in the hearts of others and promote lectures and documentaries on strengthening immunity, under the supervision of the official authorities of every country.

17) Emphasis must be put on refraining from transmitting jurisprudential differences concerning the rulings issued by councils of scholars and official ifta authorities. Doing so would cause confusion about religious concepts and may provoke misunderstandings of the fatwas. People should follow the accurate fatwas issued by relevant authorities in their respective countries.

18) Governments and relevant authorities must provide a sufficient number of ventilators for cases with medical necessity. Physicians must uphold medical and ethical standards when faced with ethical dilemmas during medical treatments. If the number of ventilators is insufficient, the doctor may determine which patients have priority. When all patients have equal priority, lots should be cast to select the ventilator recipients.

19) must donate the medical equipment and devices to other countries and communities in need to confront this pandemic that threatens all of humanity.

20) In the absence of a specific medication or vaccine proven to be effective and safe in curing the coronavirus disease, doctors and competent scientists should, if the circumstances are available to them, carry out research and scientific experiments. Research should proceed in accordance with internationally accredited methodologies, research requirements and Shariah-compliant rules issued in the Academy resolution No. 161 (10/17) on Shariah-compliant rules for biomedical research on humans, in its seventeenth session in Amman, Hashemite Kingdom of Jordan.

All of these efforts must be supported and helped through donations.

21) Governments must supervise prices to detect any monopolies and should set appropriate prices because Shariah prohibits price manipulation. Appropriate economic plans must be established to secure all necessary goods. People are not allowed to store necessary goods above their own needs as this raises prices and leads to extravagance, which is prohibited in Islam.

22) Marriage contracts may occur through various means of communication during this pandemic as long as it includes the necessary pillars and conditions, with the knowledge of the relevant authorities. The Council of the Academy had previously prohibited online marriage contracts as this precludes the presence of witnesses. In this case, the Council requires the fulfilment of all pillars such as the presence of both parties and conditions such as the presence of witnesses. The wedding ceremony must consist of the minimum possible number of close relatives of the bride and the groom, and medical provisions and directives should be respected.

23) Hence, we all have to pray and seek protection from Allah the Almighty against this pandemic. Infected patients should turn to Allah the Almighty to seek healing. Indeed, Allah is the Healer and the Master of the Universe, based on the belief in fate and destiny, its good and its bad. Allah the Almighty said:

“Is He not best who responds to the desperate one when he calls upon Him and removes evil” (al-Naml 62)

And the Messenger of Allah (peace be upon him) said :

“A Muslim does not encounter fatigue, tiredness, concern, sorrow, injury or grief, or even a thorn which pricks him without Allah expiating his errors for him by that.” (Sahih al-Bukhari and Muslim)

“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 Allah, 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.” (Sahih Muslim)

24) The International Islamic Fiqh Academy of the Organization of Islamic Cooperation and the participants in the symposium express their sincerest appreciations, gratitude and praise to the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, his Crown Prince, and to Kings and Heads of Arab and Muslim countries, Member states of the Organization of Islamic Cooperation and their governments.

May Allah the Almighty preserve them and bless them for their efforts to confront the pandemic, and may Allah the Almighty preserve everyone who contributes to this fight, including institutions, organizations and, in particular, health practitioners, security officers and all who are working hard and diligently all over the world for the health and safety of humanity.

Nor can we forget to extend our thanks and appreciation to the staff of the International Islamic Fiqh Academy who contributed to the success of this symposium. May Allah the Almighty reward them for their sincere effort and continuous work.

Finally, the participants in the symposium ask Allah the Almighty to relieve our distress and eliminate the pandemic from all humanity, sooner rather than later, to heal the sick and the afflicted, to have mercy on deceased Muslims and forgive them, for He is All-Hearing, All-Responsive.

Allah is the Only One to grant success, and may Allah’s blessing and peace be upon our prophet, master, and beloved Muhammad, on his family, and all his companions.

Completed by the Grace of the Almighty Allah.

***

Participants

Fiqh Scholars

1. E. Prof. Koutoub Moustapha SANO

Academy member,

Republic of Guinea’s State Minister for Diplomatic Affairs.

 

2. E. Dr Muhammad AL-KHALAYLA

Awqaf , Islamic Affairs, and Holy Places Minister, Hashemite Kingdom of Jordan.

 

3. E. Dr Abdul al-Nasser Abu al-Bassal

Former Awqaf , Islamic Affairs, and Holy Places Minister, Hashemite Kingdom of Jordan.

 

4. Dr Ahmed Abdul al-Aziz al-Haddad

Academy member

Grand Mufti of the Islamic Affairs and Charitable Activities Department in Dubai.

5. Dr Ahmed bin Humaid

Lecturer at Shariah and Islamic Studies Faculty, Umm al-Qura University, Makkah al-Mukarramah.

 

6. Dr Hasan Safar

Governance Systems and Islamic Studies Lecturer, King Abdul Aziz University, Jeddah.

 

7. Dr Abdulrahman al-Jurai

Lecturer, Shariah Faculty, King Khaled University, Abha.

 

8. Dr Mohamed Abed al-Sawat

Associate Lecturer, Shariah and Islamic Studies Faculty, Umm al-Qura University, Makkah al-Mukarramah.

 

9. Dr Mayada Hassan

Fiqh and its Foundations Lecturer,

King Faisal University in Al-Ahsa.

 

10. Dr Ilham Bajunaid

Fiqh and its Foundations Lecturer,

King Abdul Aziz University,

Jeddah.

 

11. Dr Abdulqahir Qamar

Director of Encyclopedia, Glossaries, and Rapprochement between Madhahib Department in the Academy.

12. Dr Ismail Cebeci
Director of Research and Studies Department in the Academy.

13. Dr Mohamed Mustafa Shuaib,
Head of the Fatwa Sub-Department in the Academy.

 

Physicians

 

1. Dr Muhammad Ali al-Bar

Head of Medical Ethics Center, International Medical Center, Jeddah.

 

2. Dr Hassan Chamsi-Bacha

   Consultant of Cardiology, King Fahd Armed Forces Hospital.

3. Dr Yaqub al-Mazru

Head of Islamic Advisory Group Executive Commission.

 

4. Dr Abdullah Aljoudi

   Community Medicine consultant,

Head of Ethics Committee, King Fahd University Hospital, Khobar.

 

5. Dr Abdulrahman al-Mazru

 

Dean of the Faculty of Medicine,

General Supervisor of al-Rajhi Colleges.

 

Members and Experts of the Academy and other institutions

1. Dr Abdul Satar
   Abu Ghuddah

Academy member, Chairman and Secretary-General of Shariah Board of al-Barakah Banking Group.

 

2. Dr Mohamed al-Bachari

Academy member, Secretary-General of the World Muslim Communities Council in UAE.

 

3. Amb. Eskar Mosinov

Associate Secretary General of Science and Technology Affairs, OIC.

 

4. Dr Omar Zuhair Hafez

Former Secretary-General of Islamic Banking and Finance Institutions

Supervisory Board Member of IIFA Waqf Fund

 

5. Dr Abdul al-
   Ilah bin Arafah

IESCO (ISESCO) representative.

 

Members of the Drafting Committee

1. His Excellency Prof. Abdul Salam Dawood AL-ABBADI, Secretary-General of the International Islamic Fiqh Academy (as chairman of the committee).
2. His Excellency Prof. Koutoub Moustapha SANO, member of the Academy, Republic of Guinea’s State Minister for Diplomatic Affairs, and Diplomatic Adviser to the President of the Republic of Guinea (member).
3. Honourable Dr Abdullah Aljoudi, community medicine consultant, President of the Ethics Committee, King Fahd University Hospital, Khobar (member).
4. Honourable Dr Ilham Bajunaid, Professor of Fiqh and its Foundations, in the Department of Shariah and Islamic Studies, King Abdulaziz University, Jeddah (member).
5. Honourable Dr Mayada Hassan, Associate Professor of Fiqh and its Foundations at King Faisal University (member).
6. Honourable Dr Abdulqahir Qamar, Director of the Department of Encyclopaedias, Glossaries, and Rapprochement Between Madhahib at the Academy (member).
7. Honourable Dr Ismail Cebeci, Director of the Studies and Research Department at the Academy (member).
8. Honourable Dr Mohamed Mustafa Shuaib, Head of the Fatwa Sub-Department at the Academy (member).
9. Mr. Jawzi Lardjane, Head of Translation Department at the Academy.