“Enjoin the good, prevent the harmful” – the intersection of theory and practice in the implementation of sharīʿa for Muslims in Western societies: the case of medical ethics in Britain

This paper explores the theoretical Islamic legal framework and methodology used by Islamic religo-legal authorities (singular muftī) in issuing rulings (singular fatwa) regarding contemporary medico-ethical issues of concern to Muslim minorities, health professionals and policy-makers in Britain. It demonstrates that the guiding principle used by Islamic religo-legal authorities related to medico-ethical issues in Britain is the Quranic precept of “Enjoin the good, prevent the harmful.” In particular, the Islamic legal instrument of maṣlaḥa (public interest) is used to arrive at rulings in a process in which the role of the muftī is crucial. It is shown that the muftī can legitimately function in a contemporary liberal society such as Britain because of the private nature of his authority that has historically been vested in this position. The paper also explores how the operation of the sharīʿa in Britain may potentially intersect with the British legal system and some of the consequences that arise fro...