Professional Documents
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ARTICLE REVIEW
TITLE OF ARTICLE : VACCINATION FROM THE PERSPECTIVE OF ISLAMIC
LEGAL MAXIM
PREPARED BY :
NORJANNAH FADHILAH BT SUDIRMAN 2022454658
NUR DAMIA FARZANA BT MOHD FAHDLI 2022849486
NURDINI AQILAH BT ISMAIL 2022837804
ZULFA AMYRAH BT ZURAIMY 2022817786
NUR IZZATI SAHIRA BT MOHD ALWI 2022826982
CHECKED BY :
DR MD AZZAAT AHSANIE BIN LOKMAN
EVALUATION :
CRITERIA MARK STUDENTS’ MARK
INTRODUCTION 2
TOPICS 10
CONCLUSION 4
REFERENCES 2
PROFESSIONAL ETHICS 2
TOTAL 20
CONTENTS
1.0 INTRODUCTION .............................................................................................…..3
2.0 ARTICLESUMMARY .......................................................................................…..4
3.0 OPINION OF THE REVIEWERS ................….................................................…..5
3.1 WHAT ARE THE MAIN ISSUES RAISED BY THE AUTHOR?.....….….......…..6
3.2 IS THE ISUE INTERESTING, WHY?...................…......................................….7
3.3 ARE THE ISSUES RAISED BY THE AUTHOR RELEVENT TO YOU AS A
RESEARCHER? .....................................................................................…………..…9
3.4 DO I AGREE (OR DISAGREE) WITH THE CONTENT / RESULTS OF
THE STUDY OF THIS ARTICLE?……………………………………………………..10
3.5 ARE AND HOW ARE THE STUDY QUESTIONS ANSWERED BY THE
RESEARCHER/AUTHOR? ..........................................................................…......…10
3.6 IS THE STUDY METHODOLOGY USED BY THE RESEARCHER/AUTHOR
COMPATIBLE WITH THE STUDY CONDUCTED?……………………………………10
3.7 ARE THE FINDINGS OF THIS STUDY RELIABLE OR
CONVINCING YOU?...........………………….…………………………………………...11
3.8 WHAT ARE THE STEPS TAKEN BY THE RESEARCHER/AUTHOR
TO ENSURE THE VALIDITY AND RELIABILITY OF THE STUDY?…………………11
3.9 DID THE RESEARCHER TAKE RELEVANT STEPS TO
ENSURE RESEARCH ETHICS ARE FOLLOWED? ..................………….........……12
3.10 CAN THIS ARTICLE CHANGE OR MAKE AN IMPACT AGAIN
YOU THINKING ABOUT THE MATTERS RAISED IN THE ARTICLE?....………….13
3.11 HOW CAN THE INFORMATION OR KNOWLEDGE YOU GAIN
THROUGH READING THIS ARTICLE ENLIGHTEN OR IMPROVE THE WAY
YOU CARRY OUT RESEARCH QUALITATIVE OR QUANTITATIVE? ..…………...13
4.0 CONCLUSION ....................................................................................…………..14
REFERENCES...........................................................................................................15
Vaccination from the Perspective of Islamic Legal Maxim
The title of the article that will be reviewed is ‘Vaccination from the Perspective of
Islamic Legal Maxim’. This article was written by Engku Muhammad Tajuddin Engku
Ali, Zulkifli Mohd and Mohammed Muneer’deen Olodo Al-shafi’I.
1.0 INTRODUCTION
Islamic legal maxims are the general Fiqh rules that embody the aims and purposes
of Syariah Islamiyah. They serve as a guide to establish Islamic law and are
employed in a variety of cases that fall under the common ruling. As such, they are
crucial in the deduction of numerous Fiqh principles. The principles in the legal
maxims is presented in a simple format consisting of the general rules of Syariah in a
particular field. Principles presented in only few words, simple sentence but provide
comprehensive meaning. There are 5 major of Islamic Legal Maxims as reflected in
the article which are al-umur bi maqasidiha (matters determined according to
intentions), alyaqin la yazul bi alshakk (certainty is not overruled by doubt), al-
mashaqqah tajlib al-taysir (hardship begets facility), al- ḍarar yuzal (harm must be
eliminated) and al-ʿadah muḥakkamah (custom is a basis for judgment). More
significantly, in situations where there is no specific law, these legal maxims assist in
reaching a suitable decision based on the Al-Quran and Sunnah.
There are additional maxims that, while not as comprehensive as the primary
maxims, address a number of finer points in Fiqh in addition to these five basic
maxims, which apply to a variety of legal principles. Usually, the maxims included in
this category are either unrelated or an extension of the five leading maxims. While,
this article focuses on the vaccination from the perspective of Islamic Legal Maxim.
The article is conducted through a review of literature in classic and contemporary
books and documents. It is found that vaccination is permissible in Islam and
supported by various Islamic Legal Maxims as example it is in line with the
preservation of the Maqasid al-Shariah on ‘the maintenance of life’ (hifz al-nafs).
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2.0 ARTICLE SUMMARY
This article discusses vaccination for children from the perspective of Islamic Legal
Maxims. This article is to find out about the permissibility of vaccination in Islam
based on several Islamic legal maxims generally. The vaccination is permissible.
These maxims are among the strong arguments that say the anti-vaccination
movement is in a situation where they can no longer manipulate religious arguments
to support their claim. The Islamic legal maxims that the author supplies in this
article are ( األصل في األشياء اإلباحةthe maxims of the basis of rules in everything are
permissibility), ( اليقين ال يزول بالشكthe maxims of certainty are not dispelled by doubt), ما
( ال يتم الواجب إال به فهو واجبthe maxims of that without which an obligatory act could be
achieved is itself an obligation), ( الضرورة تبيح المحظوراتthe maxims of necessity
permits makes lawful prohibitions), ( األخذ بأخف الضررينthe maxims of the preference of
the lesser of two harms) and ( تصرف اإلمام منوط بالمصلحةthe maxims of the ruler's decision
is detected in fabour of the people. The issue that the author focused on is
vaccination from the perspective of maqasid syariah, which brought to the surface
several Islamic Legal Maxims that support its implementation.
From the maxims of the basis of rules in everything, there is permissibility in all
actions; food, beverages, etc could be initiated or consumed as long as there are no
religious decrees (hukum) prohibiting (haram) it. The fundamental state of
permissibility, such as haram or halal, is thus maintained. Similar to that, if no
religious decrees require a certain action to be obligatory it is maintained in
accordance with the fundamental permissibility status. There hasn't been a religious
decree that prohibits vaccination in this situation. Additionally, vaccination falls under
the heading of "human efforts to avoid harm." All of these initiatives are acceptable
and, in the majority of circumstances, necessary.
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The maxims of that without which an obligatory act could be achieved is itself an
obligation. When the fulfilment of an obligation depends solely on an element, then
the element needed to fulfil such an obligation becomes an obligation as well. In this
case, offering Jum'ah (Friday) prayers is required of all good Muslim men, and doing
so requires going to a Masjid al-Jami' (central mosque), where Jum'ah prayers are
offered. Attending to the Masjid for Jum'ah prayers consequently becomes a must in
and of itself. The necessity of immunisations to protect human life becomes clear in
this situation.
After that, the maxims of necessity permits lawful prohibitions. When one is in a
situation that endangers one’s life, the one whose life is threatened could do what is,
in normal circumstances, prohibited to save his life. There are various levels of
religious regulations in the context of applying this allowance, which is known as
rukhsah (leniency or permission) in Usul al-Fiqh (Principles of Jurisprudence).
Rukhsah is necessary (wajib) in a number of situations, while the original religious
decree is afdal (most acceptable) in other situations. Additionally, there are situations
in which applying or not applying rukhsah is equivalent, with neither being more afdal
(favoured). If all vaccines were halal, this method would not be important in the
context of vaccination. The religious decree would be comparable to taking halal
vitamins, supplements, or medications for wellness or illness prevention. This
technique becomes popular when the vaccine has haram elements. The religious
ruling is comparable to that for haram drugs. Therefore, the use of medications
containing haram substances is only permitted in the form of rukhsah and in
emergency cases if there are no halal medications available or they have not yet
become that kind of thing.
In addition, the preference of the lesser of two harms. When two risky situations
collide and we are required to pick one of the two, we must select the less harmful
circumstance. The saying "when two harmful situations clash, then choose the more
general one" has a similar meaning to this maxim. It means that when two risky
situations come together, one affecting a single person or a small group of people,
and the other affecting the entire community, we must avoid the situation affecting
the entire community, even though it may harm one or more people. For instance,
the Qur'an commands that if someone steals and is found guilty, their hand must be
cut. One suffers specific harm when their hand is severed; they lose their hand and
are permanently disabled.
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Furthermore, the maxims of the ruler's decision dictated in favour of the people.
Every decision made by the ruler must be based on beneficial aspects or priorities
(maslahah). In this context, "beneficial aspects" refers to benefits for the entire
population, not just certain parts of society. The determination of benefits may serve
as the basis for decisions, which may be based on earlier discussions of the different
benefits.If the government wants to create laws or rules requiring children to receive
vaccinations, they must be founded on the largest potential list of advantages. The
Health Ministry is reportedly working on new laws that would require parents to
vaccinate their children as a measure of disease prevention, which is one of the
actions being taken in this direction.
Records from the Ministry of Health show that from 470 cases in 2013 to 1292
cases in 2014, parents' refusals to vaccinate their children have increased. In the first
three months of 2016, 500 instances of parental rejection occurred. The implications
of this movement are frightening; according to information provided by the Health
Ministry, the number of diseases that can be prevented by vaccination has increased
157-fold in comparison to 10 years ago. For instance, from 0.2 per 100,000 people in
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2006 to 3.08 per 100,000 people in 2016, the number of pertussis cases has
increased by 154 times, including the number of fatal cases. Measles cases have
increased 18-fold since 2006, going from 2.3 cases per 1,000,000 people to 43.2
cases per 1,000,000 people in 2016, with two cases of fatalities (Utusan Malaysia,
2016).
First, the maxim of the basis of rules in everything is permissibility means that the
basic permissibility status, prohibited or permissible, is maintained if no religious
decrees prohibiting the action are in place. In the same vein, if a religious decree is
not present that makes a certain action mandatory, it is maintained in accordance
with the fundamental permissibility status. There hasn't been a religious
commandment forbidding vaccinations in the framework of the Qur'an or Sunnah.
Additionally, vaccination falls under the heading of "human efforts to avoid harm."
The act of getting vaccinated is comparable to making an effort to stay healthy. All of
these initiatives are acceptable and, in some circumstances, essential.
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Third, the meaning of the maxim of that without which an obligatory act could be
achieved is itself an obligation which is when a single component is all that is
required for an obligation to be fulfilled, that component itself takes on the status of
an obligation. In this situation, it is obvious that vaccinations must protect human life.
It is expressly forbidden for humans to endanger or harm themselves, according to
Allah SWT (al-Baqarah: 195). In order to protect one's life, one must take care of
their physical health and stay away from things that could harm it, such as diseases.
Consequently, vaccinations become required if maintaining one's health, which is a
responsibility, is not possible without them.
Fourth, the maxim of necessity permits makes lawful prohibitions means that when
one is in a life-threatening situation, that person may be able to act in a way that
would normally be illegal in order to protect himself. There are various levels of
religious decrees in the context of employing this allowance, which is known as
rukhsah (leniency/permission) in Usul al-Fiqh. Rukhsah is required (obligatory) in a
number of situations, while the original religious decree is afdal (most desirable) in
other situations. There are also situations in which using or not employing rukhsah is
equivalent and neither is more afdal (favoured). If all vaccines used were halal, this
method would not be important in the context of vaccination. The religious decree
would be comparable to taking halal vitamins, supplements, or medications for health
reasons or illness prevention. When there are prohibited components in the
vaccination, this method becomes more prevalent. The religious ruling is comparable
to that for haram drugs. Therefore, the use of pharmaceuticals containing haram
substances is only permitted in the form of rukhsah and in emergency cases if there
are no halal medications available or they have not yet become such.
In addition, the maxim of the preference of the lesser of two harms means that if
two harmful scenarios are present and we are required to pick one, we must select
the least harmful circumstance. The phrase "when two harmful situations clash, then
choose the more general one" is another maxim (technique) with a similar meaning.
This indicates that when two dangerous scenarios clash, one involving a single
person or a small group of people and the other involving the entire community, we
must avoid the bad situation involving the entire community, even though it may harm
one or more people. In the context of vaccination, even while it is assumed that
certain customers may experience side effects from the vaccine, it must nevertheless
be given because the consequences of the injury, if not given, would be more severe.
An illness that threatens the entire society would pose a considerably greater threat
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than harm that affects a single person. Some germs may stay latent in a person's
body if they are not immunised against them.
Last thing that makes the issues was interesting is the maxim of the ruler’s
decision is dictated in favour of the people. It means every choice the ruler makes
must be based on what is best. The term "beneficial aspects" in this context refers to
advantages for the entire population, not just a certain demographic. The
assessment of benefits may serve as the foundation for decisions, which may draw
on past considerations of the many sorts of advantages. When it comes to
vaccinations, the government must base any laws or rules that require children to get
shots on the overall advantages of vaccination.
From the maxims of that without which an obligatory act could be achieved is itself
an obligation. Allah S.W.T has clearly prohibited humankind from putting themselves
in danger or self-destruction (al-Baqarah: 195). Taking care of one's physical health
and avoiding dangers to it, such diseases, is an essential part of protecting one's life.
As a result, immunizations become required if taking care of one's health, which is a
responsibility, cannot be accomplished without them.
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3.4 DO I AGREE (OR DISAGREE) WITH THE CONTENT/RESULTS OF THE
STUDY OF THIS ARTICLE ?
Since the author has very carefully structured the information and has made sure that
the reader can easily understand the issues raised, I agree with the article's main
points. In order to make this article easy to understand, the author additionally chose
straightforward language and terms. For instance, the author has listed all of the
Islamic legal maxims that make vaccination permissible in Islam. These maxims are
among the compelling evidence that puts the anti-vaccination movement in a
predicament where they can no longer use religious justifications to support their
position. So, I am strongly agree for this article.
3.5 ARE AND HOW ARE THE STUDY QUESTIONS ANSWERED BY THE
RESEARCHER/AUTHOR
The way this article was written can make the reader wonder if the vaccinations were
permissible or prohibited. Therefore, the author gives an explanation about
vaccination through dalil naqli. For example, based on surah al-Baqarah:195, Allah
S.W.T has clearly prohibited humankind from putting themselves in danger or self-
destruction. In the context of vaccination, someone who didn’t take the vaccination is
like putting themselves in a dangerous situation. It is because they can get many
diseases easily.
The author claims that the secondary information used in the search information
data includes books, authentic articles, documents, artifacts, maps, pictures, and
through interviews and observations. In this essay, information on pertinent Islamic
legal maxims regarding vaccination is gathered from old and current books, articles
that are closely related to them, artefacts, and documents, including newspaper
stories, news archives, and National Fatwa Committee of Malaysia verdicts. This
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data gathering is crucial in establishing whether or not vaccination is in accordance
with Islamic principles, which are generally reflected in its legal maxims.
There are many explanations which is placed in the article that helps convince the
reader. In this article, the author provides many sources to explain about vaccination
from the perspective of Islamic Legal Maxim. For instance, most of the parents do not
agree to take the vaccination for their child. Because of this issue, a newspaper
report quotes the Health Minister, Datuk Seri Dr S. Subramaniam, as saying that the
ministry has had discussions with the National Fatwa Council and the council agreed
that vaccinations are mandatory. In addition, the Health Ministry has the capacity to
provide vaccinations for this purpose (Utusan Malaysia, 2016). In addition, the author
has included the Quranic verse in this article to reinforce the explanation about the
vaccine.
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3.9 DID THE RESEARCHER TAKE RELEVANT STEPS TO ENSURE RESEARCH
ETHICS ARE FOLLOWED?
Ethical considerations in research are a set of principles that guide your research
designs and practices. Researchers must always adhere to a certain code of conduct
when collecting data from people. Research involving humans usually aims to better
understand real-life events, studying effective treatments, look into behavior, and
enhance lives in other ways. Important ethical considerations come into action when
choosing what to research and how to conduct it.These considerations work to
protect the rights of research participants, enhance research validity, and maintain
scientific or academic integrity. A general synopsis of some ethical guidelines is
provided below:
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3.10 CAN THIS ARTICLE CHANGE OR MAKE AN IMPACT AGAINTS YOU
THINKING ABOUT THE MATTERS RAISED IN THE ARTICLE?
In my opinion, this article has changed my viewpoint on the issues the author brings
up. Islamic legal maxims can be used to determine the law and provide a solution to
any religious conflict that arises in daily life. The author's writing on Islamic legal
maxims is highly beneficial and suitable in accordance with the maqasid sharia. The
author provides a very clear explanation of the importance of vaccinations for
children.
This makes it obvious to the reader that Islam places a high value on its adherents'
comfort and protecting them from any danger. Because of this, receiving this
vaccination has become necessary for all children in order to protect their life and
health. Additionally, Islam takes great pride in its rulings since all of its legal
guidelines come from the Quran and Hadith rather than from other Islamic sources.
The Malaysian Ministry of Health carried out an effective research, and everyone
received benefits from the results. Hence, it is important to understand this issue in
order to prevent laws from being made solely on the basis of individual preferences,
self-interest, or the implementation of reason without also involving trustworthy
sources.
In order to protect the health of kids, families, and the general public, this article
has taught me the value of immunizing young kids. I can learn how to verify the
article's qualitative or quantitative as well. Researchers can learn how to utilize
appropriate vocabulary and words after that. This essay also demonstrated a very
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effective method for organizing a statement with supporting data. The evidence
presented is convincing and supported by situations.
I will put all of the additional knowledge in practice so that I can write or do
research for upcoming articles. It is necessary to repeated the same matter so that
researchers can gain knowledge, increase quality, and enhance our language.
4.0 CONCLUSION
The purpose of this article review is to identify the prove, sources and how the
perspective of Islamic Legal Maxims towards vaccination where people nowadays
faces with a confusion whether it is permissible or not and what make the vaccine
permissible and vice versa. In the article, The issue of vaccination from the
perspective of Maqasid al-Shari’ah has brought to surface several Islamic Legal
Maxims that support its implementation. The validity of vaccinations also aligns with a
number of decisions and directives made by the Conference of National Fatwa
Committees also known as Muzkarah Jawatankuasa Fatwa Kebangsaan Hal Ehwal
Agama Islam in 1988.
Overall, the article's authenticity is evident from the reliable sources the writers
included. For example, when the authors explain under the maxim of certainty is not
dispelled by doubt, they take the statement from Utusan Malaysia 2016 which are
one of the Malaysian Malay-language daily newspaper. This give an argumentation
where the authors did not based on Islamic knowledge only but they are being fair by
using both sources.
In conclusion, These five Legal Maxims are crucial for us to understand plus it is
applicable to our daily life. In the contemporary era, there’s a lot of modern issues
that occurred.
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REFERENCES
Pejabat Mufti Wilayah Persekutuan - IRSYAD USUL FIQH SERIES 6:
https://muftiwp.gov.my/en/artikel/irsyad-usul-fiqh/1403-irsyad-usul-fiqh-
series-6-differences-between-usul-feqh-and-qawaid-fiqhiyyah-islamic-legal-
maxim
Ali, E. M. T. E., Mohd, Z., & Al-Shafi†™i, M. M. O. (2018, January 10).
https://doi.org/10.6007/ijarbss/v7-i12/3642
Pejabat Mufti Wilayah Persekutuan - BAYAN LINNAS SERIES 184: THE CONCEPT
OF VERIFICATION (TABAYYUN) IN RECEIVING AND CONVEYING NEWS. (2019,
June 13). https://muftiwp.gov.my/en/artikel/bayan-linnas/3485-bayan-linnas-series-
184-the-concept-of-tabayyun
Di ❤ Ku, U. (2017, October 9). Perbezaan Antara Kajian Kuantitatif dan Kualitatif.
Made in UITM. https://madeinuitm.com/perbezaan-antara-kajian-kuantitatif-dan-
kualitatif/
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