Cassandra 1111
Cassandra 1111
Cassandra 1111
Health as a Human
Right in Islam
Dr M.H. Al-Khayat
Health as a Human
Health as a Human
Right in Islam
Right in Islam
Dr M.H. Al-Khayat
Al-Khayat, M.H.
Health as a Human Right in Islam/by M.H. Al-Khayat
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Protection of life 10
The right to freedom 10
Protection of the human body 11
Conclusion 34
References 38
Foreword
Health as a human right in Islam
Over 50 years ago, the Constitution of the World Health Organization (WHO)
asserted the enjoyment of the highest attainable standard of health as a
fundamental right of every human being. Since then, WHO has been working
towards this goal using all the means possible. However, because of its technical
mandate, the Organization has tended to focus in the past on the practical aspect
rather than the theoretical aspect and this has meant limited action in addressing
the policies and strategies that will lead to a real integration of health as a human
right in national health policies and national plans of action.
Before tackling the health aspect though, it is important that we take a moment
to address the scope of the human rights aspect: there are two branches of law
that interrelate with each other closely–international humanitarian law and
international human rights law, both of which were developed and led by the
efforts of the United Nations. The sources for international humanitarian law are
mainly the four Geneva Conventions of 1949, which are concerned with human
rights during times of war and conflict, while the sources for international human
rights law are mainly the Universal Declaration of Human Rights (UDHR,
1948), the International Covenant of Economic, Social and Cultural Rights
(ICESR) and the International Covenant on Civil and Political Rights (ICCPR).
These set the standard for human rights in general, and other international and
regional declarations followed to shape the universal understanding and practices
of both these branches of law. Although these two branches of law are
theoretically separate in the view of most scholars, still, in practice, they are very
much interrelated; we cannot talk about human rights in general without
considering the rights, safety and well-being of humans in times of conflict and
war. This brings us to our initial point of entry and focus: the right and attainment
of health for all.
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Health as a human right in Islam
Health as a human right is an arena that has been recently entered by WHO, in
an attempt to increase its own understanding of human rights in relation to
health. The Organization is learning from other United Nations agencies, from
regional organizations, and from advocates and experts of human rights
throughout the Region. Untapped though is the fundamental role that religion
can, and has, played in the promotion and protection of health. Fourteen
centuries after Islam established the rights of man, WHO advocated for its goal
defined as ‘Health for All’ and people managed to issue the international
declaration of human rights.
In a region such as the Eastern Mediterranean Region, where religion is so much
part of daily life, Muslims and Muslim organizations can easily ascertain all they
need to know through the deployment of Islam. Islam has honoured health as a
fundamental right of every human being, which makes it a powerful source of
guidance and information.
Since its birth, Islam has prioritized health, placing it as second in importance to
faith. In fact, embedded in the very essence of the divine law is the protection of
the five essential needs of faith, life, progeny, property and mind. And, with only
a little reflection, it becomes apparent that 60% of these essentials (three out of
the five), namely life, progeny and mind, cannot be adequately safeguarded
without the protection and preservation of health.
Health is therefore an essential condition for the preservation of life which is why
Islam has prized it so highly. God and the Prophet ¤ provided guidance
through the divine law and countless hadiths in this direction. However, it must
not be forgotten that with great health lies great responsibility: the promotion and
protection of health not only concerns one’s own self but also that of others and
of the environment. Islam places equal emphasis on health promotion and health
protection. Health promotion in Islam includes everything that protects and
enhances human health, such as personal hygiene, nutrition, marriage and respect
for the body, while health protection includes the avoidance of infectious
diseases, protective measures against accidental injury, abstention from all
harmful substances, such as alcohol, illicit drugs and tobacco, the responsibility
7
Health as a human right in Islam
8
Health and human rights
• Protection of life
• The right to freedom
• Protection of the human body
Health as a human right in Islam
Protection of life
The right to life is, from the Islamic point of view, the second most important
human right. Nothing takes greater importance except the right to freedom.
Evidence in support of this is found in the two Quranic verses: Persecution is
even worse than killing (2:191) and Persecution is an even greater crime than
killing. (2:217) These verses give a clear principle that persecution, which means
a ‘denial of freedom’ is a far worse and greater offence than killing, which is a
‘denial of the right to life’. This principle leads to a logical conclusion that
freedom is more important than life. This is by no means strange, bearing in mind
that the very humanity of man is the result of such freedom. We may remember
in this context that God ordered His angels to prostrate themselves before man,
a creature who can exercise his free will to choose whether to believe or
disbelieve, be obedient to God or disobedient, do good or evil.
However, according to Islam, the right to life follows very closely the right to
freedom. God has decreed to the children of Israel and the rest of mankind that
if anyone slays a human being, for anything other than in punishment of murder
or for spreading corruption on earth, it shall be as though he had slain all
mankind; and that if anyone saves a human life, it shall be as though he had
saved all mankind. (5:32) It is my humble opinion that killing and saving life
here are not confined to the physical sense only. Both are viewed in the mental
and moral sense as well.
Clearly, what is meant by this verse is the saving or preserving of life, because it
is God alone who grants life and causes death. (3:156)
This is in the true and complete sense of initiating life and taking it away. Hence,
when we talk of the right to life as a basic human right, we simply mean the right
to preserve life, literally and morally. This right is not completely assured unless
man is able to enjoy good health and live in a healthy environment. Both are
integral parts of the right to life.
10
Health as a human right in Islam
obligation are inextricably intertwined. Each human right requires man to work
hard to ensure, secure and preserve it all at the same time. To relinquish what is
one’s right is to relinquish a part of one’s own humanity. Reflect, on the Quranic
verse speaking about those who relinquished their right to freedom, either by
choice or coercion: To those whom the angels gather in death while they are still
wronging themselves, the angels will say: ‘What were you doing?’ They will
answer: ‘We were oppressed on earth’. (The angels) will say: ‘Was not God’s
earth so spacious that you might have migrated to settle elsewhere?’ Such will
have their abode in Hell, a certainly evil end. Excepted are the men, women, and
children who, being truly helpless, can devise nothing and can find no way. These
God may well pardon, for God is indeed most lenient, much-forgiving. Anyone
who migrates for God’s cause will find on earth many places for refuge and great
abundance. He who leaves his home, fleeing from evil unto God and His
Messenger, and is then overtaken by death, his reward is reserved for him with
God. God is much forgiving, merciful. (4:97–100)
The same applies to those who relinquish the right to life. God says in the Quran:
Do not kill yourselves, for God is merciful to you. Whoever does this with
malicious intent and by way of wilful wrongdoing, We shall make to suffer the
Fire. That is very easy for God. (4:29–30)
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Health as a human right in Islam
treatment when it suffers from disease, and not to overburden it in any way. All
this represents, from the Islamic standpoint, a right which must never be
overlooked or neglected in preference to other rights, including God’s own rights
over us.
12
Health and faith in Islam
• Importance of health in Islam
• Health factors
Health as a human right in Islam
14
Health as a human right in Islam
Health factors
The right to health, or rather, to health protection derives its importance from two
factors that are inherent in human nature and the nature of the universe. The first
is mentioned in the Quranic statement: He has raised the Heaven on high, and
He has set the balance of everything so that you might not transgress the
balance. Give just weight and fall not short in the balance. (55:7–9)
These verses speak about the ‘balance’ God has implanted in the nature of the
universe, with all its structural, environmental and biological set-up, including
human life. They thus draw our attention to the fine balance that applies to
everything in the universe. It also makes clear that any distortion of this fine
balance, whether it be excess on one side or shortage on the other, deliberate or
accidental, may lead to extremely bad results that may rebound on man himself
before affecting other things. God says in the Quran: Mankind, it is against your
own souls that your offences rebound. (10:23)
The other factor concerns the original condition in man’s creation, which is that
of his moulding in an upright status, as indicated in this divine address to man:
O man, what has lured you away from your gracious Lord who created and
moulded you and gave you an upright form. (82:6–7) Other Quranic verses give
the same indication: Praise the name of your Lord, the Most High, who creates
and proportions well. (87:1–2) By the soul and its moulding. (91:7) We indeed
have created man in the fairest form. (95:4) To preserve this right moulding and
fair form is an integral part of the purpose and objectives of Islamic law. As the
famous scholar, Al-Izz ibn Abd al-Salam, puts it: “The divine law has been set in
this form in order to secure what brings benefit to people and to prevent what is
detrimental to them”. [10] He goes on to explain his statement:
God’s law is dedicated to benefit: it either prevents evil or brings about
something good. When you hear God’s address to the believers,
contemplate what follows the initial address. You are bound to find that
what follows either urges you to do something good or prohibits
something evil, or combines both urge and prohibition together. He has
pointed out in His book details of the harm involved in certain situations
15
Health as a human right in Islam
to encourage us to avoid such harm, and pointed out the benefit involved
in other situations to encourage us to seek such benefit.
He is certainly right, may God bless his soul. God tells us in the Quran: Thus
does God illustrate truth and falsehood. The scum is cast away, while that which
is of benefit to mankind remains behind on earth. (13:17) We note here that God
considers that what brings benefit to people to be the message of truth that He
has entrusted to His messenger. It is to this truth that He refers: Mankind, the
messenger has now come to you with the truth from your Lord. (4:170)
Imam Al-Shatibi says in his invaluable book, Al-Muwafaqat [11]: “The whole
Muslim community, and indeed all other faiths, agree that the divine law has
been set in order to protect the five essential needs: faith, life, progeny, property
and mind”.
We need only a little contemplation to conclude that three out of these five
essentials, namely life, progeny and mind cannot be properly safeguarded
without protection and preservation of health. It is no wonder, then, that we find
in God’s book, the Quran, and in the Prophet’s sunna many a statement intended
to help man protect and promote his health, preserve the natural moulding and
fair form God has given him, and maintain the health balance God has placed in
him.
16
The right to health and
related responsibility
• Responsibility for oneself
• Responsibility of society
• Responsibility of state
Health as a human right in Islam
18
Health as a human right in Islam
It is beyond the scope of this publication to discuss in full detail health promotion
measures which satisfy a part of a person’s rightful claim on himself with regard
to personal health. It is sufficient to mention in this regard some of the texts that
address this area in particular.
1. Personal hygiene
Taking care of the whole body or of each particular organ is an important area of
health promotion. Here are some of the texts that stress this aspect:
Believers, do not attempt to pray when you are drunk, [but wait] until you
know what you are saying; nor when you are in a state of ceremonial
impurity, except if you are on your way, until you have bathed. (4:43)
“It is incumbent upon any Muslim to wash his head and body once every seven
days.” [13]
Believers, when you are about to pray, wash your faces, and your hands and
arms up to the elbows, and pass your wet hands lightly over your heads, and
wash your feet up to the ankles. (5:6)
“Ablution [i.e. wudhu’] is part of being faithful.” [14]
“Only a believer maintains his ablutions.” [15]
“Perform your ablutions fully and properly.” [16]
“The Prophet ¤ used to wash his hands before eating.” [17]
“When he performed his ablutions, the Prophet ¤ used to rub his toes with his
little finger.” [18]
“It is authentically reported that the Prophet ¤ wiped his ears from the inside
using his forefingers and placed his thumbs on the outside, wiping both the inside
and outside of his ears.” [19]
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Health as a human right in Islam
“When anyone of you performs ablutions, let him introduce water into his
nostrils and then blow it out.” [20]
“It is reported that the Prophet ¤ used to wipe the inner corner of his eyes.” [21]
“Whoever has hair should take care of it.” [22]
“If you defecate, wipe the place [of defecation] three times.” [23]
Aisha said: “Tell your husbands to wash their private parts with water, for I am
too shy to tell them myself, for the Prophet used to do it”. [24]
“Rinse your mouth while performing ablutions.” [25]
“Clean your gums from food and brush your teeth.” [26]
“Brushing the teeth purifies the mouth and pleases God.” [27]
“Five acts are part of uncorrupted nature: circumcision, shaving pubic hair,
cutting fingernails, plucking out armpit hair and trimming the moustache.” [28]
2. Nutrition
Another area of health promotion is balanced nutrition, in quality and quantity.
Eat of the good things which We have provided for you as sustenance. (2:172)
Eat of the good things which We have provided for you as sustenance, but do not
transgress therein. (20:81)
And He creates cattle: you derive warmth from them, and [various other]
benefits; and from them you obtain food. (16:5)
And He it is who has made the sea subservient [to His laws], so that you may eat
fresh meat from it. (16:14)
Eat of their fruit when it comes to fruition. (6:141)
“Man does not overfill a container to worse effect than his stomach. Let suffice
the sons of Adam a few mouthfuls to sustain them. Should temptation be too
strong for a person, let him make one-third for food, one-third for drink and one-
third for his breathing.” [29]
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Health as a human right in Islam
3. Marriage
Another area is the emphasis Islam places on marriage, as it has a highly
important role in protecting physical, mental and reproductive health.
God has given you spouses of your own kind. (16:72)
He creates for you mates out of your own kind, so that you incline towards them,
and He engenders love and tenderness between you. (30:21)
“Marriage is part of my tradition; those who do not follow my tradition are not
part of my followers.” [30]
“Young people! Whoever of you can afford to marry should get married.” [31]
“The Prophet ¤ warned against committing oneself to celibacy.” [32]
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Health as a human right in Islam
but their evil far exceeds their benefit. (2:219) He has thus placed evil in contrast
with benefit, which means that evil in this sense is harm, and it is forbidden as
we clearly see in Quranic texts.
Islam opens the way for the individual to satisfy this aspect of human rights,
commanding that all measures of disease prevention should be adopted, because
preventive measures ensure protection. The Prophet ¤ says: “Whoever takes
precautions against evil shall be spared it”. [38]
Both the Quran and the sunna abound with statements about various types of
protective measures that may be taken by individuals to protect themselves. Here
are only a few examples.
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Health as a human right in Islam
Responsibility of society
We may now move on to the claim of the individual against society in relation to
the right to health. It is again a two-tier claim of promotion and protection. The
promotion part comprises all that is likely to enhance and strengthen one’s
inherent health balance. It takes numerous forms.
1. Parents’ responsibility
Parents owe it to their children to provide them with good nutrition. This is
represented in the first instance by breast-feeding, in response to the divine
statement: Mothers shall breast-feed their babies for two years; [that is] for
those who wish to complete the suckling. (2:233) Another Quranic verse states:
Weaning is within two years. (31:14)
Children’s rights also include that their parents should provide them with the
necessary immunity to protect them against infectious diseases, including giving
them the necessary vaccinations. This is included in the general statements
urging parents to take good care of their children, providing them with all that
they need for good health and growing up, and not to neglect them in any way.
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Health as a human right in Islam
When parents do all this, they are deemed to have made the proper response to
the Prophet’s orders: “And your children have a right over you ... So, give to each
what they have by right”. [47]
The Prophet also says: “A man is guardian of his family and is responsible for
them; a woman is guardian of her husband’s house and children and is
responsible for them”. [48] To neglect the rights of children in such a way as to
cause their loss of life is a very serious matter. God tells us in the Quran: Lost,
indeed, are those who, in their weak-minded ignorance, kill their children.
(6:140) The Prophet ¤ describes it in the following terms: “It is enough of a
sin to neglect those whom one is required to feed”. [49]
2. Healthy environment
Every human being has the right to live in a healthy environment. This is
achieved, from the Islamic point of view, in two ways. The first is keeping the
environment clean, and the second is to enhance whatever elements in the
environment help to maintain it in a balanced and healthy state.
The Prophet ¤ urged his companions and followers to maintain a clean
environment. He is quoted as saying: “I have been presented with the deeds of
my community, good and bad. I found among the good removing a harmful
object from the road”. [50] He also says: “Faith is made up of over seventy items
... the simplest of which is to remove any source of harm from the road”. [51] He
also is quoted as saying: “To remove a harmful object from the road is an act of
benefaction”. [52] A further order by the Prophet is: “Clean your houses”. [53]
The first protective measure with regard to environmental health is to refrain
from causing any pollution that causes harm to people. This begins in the limited
immediate environment of the home and similar enclosed places, where only a
small number of people may stay. It is forbidden to pollute such an environment
by tobacco smoke, for example, as the serious health risks it represents have been
ascertained beyond any shade of doubt.
Refraining from causing pollution also applies to the environment of the
neighbourhood. Thus, it is forbidden for a factory owner to discharge his factory
refuse in a water course that serves other people, or to discharge untreated and
24
Health as a human right in Islam
unfiltered factory smoke into the air, with the definite pollution of the city air. It
is also forbidden from the Islamic point of view to cause noise pollution, making
loud noises, even though one may try to justify this by linking it to worship. God
issues this order in the Quran: And lower your voice. (31:19) He also says:
Mention your Lord within yourself humbly and with awe, and without raising
your voice. (7:205)
The injunction not to cause pollution applies finally to the global environment
which is adversely affected by chlorofluorocarbons which are used in aerosols
and refrigerating equipment, nitrogen oxides and hydrocarbons emitted through
vehicle exhausts. All these substances deplete the ozone layer in the stratosphere,
thus exposing people to the harmful effects of ultraviolet rays. At the same time,
these substances help ozone formation in the troposphere, leading to substantial
increase in asthmatic attacks, laryngitis, and infection of the respiratory system,
retarding the growth of plants or destroying them altogether.
The second environmental protection measure is to ensure that the necessary
elements for environmental safety are not depleted or exhausted.
For example, the Prophet ¤ urges economy in the use of water, even for
cleaning and purification purposes. He gives us a practical example to follow. He
“used to bathe with less than two litres of water, and to perform ablutions with
less than half of one litre”. [54]
Imam Abu Ubaid relates that the Prophet ¤ “passed by a stream and he
dismounted. He filled a container he had with him, and went aside to perform
ablutions. Some water remained in the container, and he poured it back in the
stream. He then said, ‘God may give it to some person or animal and they may
use it beneficially’”. [55]
Amr ibn Shuaib reports that a Bedouin asked the Prophet ¤ about ablutions,
and he showed him how it is done, washing every part three times. He then said:
“This is how to perform ablutions. Anyone who adds to that does badly, or
transgresses or commits injustice”. [56]
The Prophet ¤ says: “There will be in my community those who transgress
when they perform ablutions and when they supplicate”. [57]
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Health as a human right in Islam
26
Health as a human right in Islam
3. Protection of agriculture
The Prophet took care to promote agriculture, so as to increase the agricultural
resources of the community and to add to a healthy environment. He says:
“Should the last hour fall, and one of you has a young date tree in his hand, he
should plant it if he can manage to do so before the hour falls”. [66] The Prophet
also says: “Any tree a Muslim may plant, and any seeds he may cultivate from
which man or animal, or any other creature, eats, count as an act of benefaction”.
[67] He further says: “Whoever cultivates land that has been dead, that land
becomes his own”. [68]
The Prophet ¤ is quoted as saying: “Whoever cultivates seeds or plants trees
will have the reward of whatever is eaten of it by humans, animals or other
creatures”. [69] And the Prophet ¤ also says: “Whoever cultivates land that has
been dead will be rewarded for his action, and whatever is eaten of it counts as
an act of benefaction for him”. [70]
The rightly guided Caliphs who succeeded the Prophet followed his blessed
example. Yahya ibn Adam mentions that Umar ibn Al-Khattab, the second
Caliph, announced to all people that: “Whoever cultivates a barren land has a
right to its ownership”. [71]
He also reports that Ali ibn Abi Talib, the fourth Caliph, said: “You people must
work hard to help yourselves. A group of seven–or may be he said nine–may live
in a village and they bring it to life by God’s will”. [72] A man came to Ali and
said: “I found a piece of land that has gone derelict and its people were unable to
reclaim it. I arranged a lease of a water course and cultivated it”. Ali said: “You
may eat of its fruit, and God may bless your food. You have done well, and you
are by no means causing any loss or corruption”. [73]
Umar ibn Abd al-Aziz wrote to one of his governors: “Look at the agricultural
land at your end and give it some people for cultivation on an equal partnership
basis. If some of it remains uncultivated, give it away for a one-third share.
Whatever remains, give it away at any agreed share, down to one-tenth. If no one
will take it, give it away free, but if it remains uncultivated, charge its expenses
to the public treasury”. [74]
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Health as a human right in Islam
28
Health as a human right in Islam
any part of our places of worship or market place holding arrows should cover
their edges with the palm of his hand, lest he causes an injury to any Muslim”.
[79]
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Health as a human right in Islam
mention of defecation in the shade is significant, because sun rays kill the germs
that may be in the faeces, while they breed and increase in the shade.
Responsibility of state
The state responsibility with regard to man’s right to health is based on the
following principles that are central to Islamic government:
1. Man is an honoured creature: We have indeed honoured the children of Adam.
(70:17) Such an honour bestowed by God requires that man should be
protected so as to enjoy good and complete health.
2. Islamic law has been devised, according to Imam Al-Shatibi, in order to
protect and promote man’s five essential needs: faith, life, progeny, property
and mind. It is clear that three of these five essential needs, namely life,
progeny and mind, cannot be properly protected without health protection.
3. The right to life applies to every human being, and it must be honoured and
defended. A single human life is valued as equal to all humanity. Thus, an
assault resulting in the killing of a single human being, even though he
may be a child, an elderly or a handicapped person, represents an aggression
against all mankind: If anyone slays a human being, for anything other than
in punishment of murder or for spreading corruption on earth, it shall be as
though he had slain all mankind; and if anyone saves a human life, it shall be
as though he had saved all mankind. (5:32)
4. Justice and perfection are two highly important values. ‘Justice’ in the
language of the Quran also connotes equality. This is clear in the Quranic
expression: ... or else he may atone for his sin by feeding needy persons, or
by its equivalent in fasting. (5:95) Here the Quran outlines some methods
of atoning for killing animals of game when one is in the state of
consecration, or ihram, for pilgrimage. The word that expresses ‘equivalent’
in this verse is the Arabic word for ‘justice’.
On the other hand, ‘perfection’, or ihsan in Arabic, is one of the most expressive
terms in the language of the Quran. It denotes first of all ‘goodness’, as we note
30
Health as a human right in Islam
in its usage in God’s promise to His servants who listen [closely] to all that is
said, and follow the best of it. (39:18) Goodness and perfection are required in
all things. The Prophet says: “God has decreed that whatever human beings do
should be done with perfection”. [87] But the Arabic word denoting perfection,
ihsan, connotes in addition a kindly and caring touch which we now lack in
contemporary medical practice. That is, the readiness to give, and even to give
preference to one’s Muslim brother or sister over oneself. Perfection also
connotes a fine conscience and watching God in every action. The Prophet says:
“Ihsan, or perfection, is to worship God as if you see Him”. [88]
All these values were put into practice from the first day of Islamic civilization:
• Sick people had the right to medical care provided by the state. An example
is the following report: “As he passed through Al-Jabiyah in Damascus, Umar
passed by a group of Christians suffering from leprosy. He ordered that they
be given a portion of zakat and a food allowance”. [89]
• All children were entitled to care provided by the state, as explained in this
report: “Umar established a benefit for a newborn amounting to 100 dirhams.
When the child grew up the benefit was raised up to 200 dirhams, and
increased again when the child attained puberty ... Umar also gave abandoned
children an allowance of 100 dirhams, and a maintenance allowance to the
child’s guardian to look after him or her. The allowance was increased year
after year. Umar urged people to take care of abandoned children, and ordered
that their expenses, particularly their suckling, be paid by the public
treasury”. [90]
• Incapacitated, handicapped and elderly people were also entitled to state care,
as outlined in the peace treaty concluded by Khalid ibn Al-Walid and the
people of Al-Heerah, which states: “I have also agreed the following
condition: Any old person who is too weak to work, or any person who falls
victim to a disease, or a rich person who suffers a loss of his means so that
his co-religionists would give him part of their charity shall be 1) exempt
from the jizya tax, and 2) provided for, with his dependents, from the Islamic
state treasury as long as he lives in the Islamic state”. [91]
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Health as a human right in Islam
It is clear from all these examples that the Islamic state considers the right to
health a human right applicable to all human beings with no discrimination on
the basis of colour, race or religion. Moreover, care is provided by the Islamic
state from birth, ensuring that every child is breast-fed, and continues into old
age, making sure that each elderly person receives an allowance ensuring healthy
living. In between birth and old age, government care is available to everyone
who is ill, incapacitated, handicapped or sustaining a serious injury.
All human beings, whatever their status or affiliation, were, in the Islamic state,
entitled to equal health care, preventive or curative. This is indeed the essence of
the goal advocated fourteen centuries later by the World Health Organization,
defined as ‘Health for All’.
32
Conclusion
Health as a human right in Islam
34
Health as a human right in Islam
of the community to ensure that the health needs of a sick individual are met,
provided that meeting them does not adversely affect others. It is a duty of an
Islamic state to lay down guidelines and controls to ensure adherence to Islamic
teachings. Blood, kidney or other organs donors actually fulfil a community duty
[i.e. fardh kifayah] on behalf of the whole Muslim community. Umar ibn Al-
Khattab ruled that if a man dies of hunger while he is living in a community, the
whole of the community must pay blood money for his death, as if its members
have taken part in killing him. It may be ruled by the same token that this same
verdict applies if a person dies as a result of not being given a blood transfusion
or an organ transplant, provided that this does not have a adverse effect on the
donor. This is based on the hadith that states: “In their mutual love, compassion
and sympathy for one another, believers are like one body: when one part of it
suffers a complaint, all other parts join in, sharing in the sleeplessness and fever”.
[93]
Another hadith in the same vain is that which quotes the Prophet as saying: “One
Muslim is the brother of another: he neither does him injustice, nor does he ever
give him up”. Another version of this hadith adds: “Nor does he let him down”.
[94] To these hadiths we may add God’s description of the believers, stating that
they give others preference over themselves, even though poverty be their own
lot. (59:9)
Here we may again cite the verse stating: If anyone saves a human life, it shall
be as though he had saved all mankind. (5:32)
Blood transfusion when a person has lost much blood, and a kidney transplant
given to someone whose kidneys have both been irreparably damaged are two
types of saving life literally, while cornea transplant that makes a blind man see
is saving life in a rather more abstract sense. Both types, however, may be
included under the saving of life mentioned in this last verse.
Discussion of such rights as may come into existence could be long. When we
consider them, we need only to apply the Quranic verses and the hadiths that we
have quoted, but we may add also the Prophet’s statement of encouragement:
“Whoever relieves his brother of a source of distress, God will relieve him of a
source of distress on the Day of Judgement, and whoever shelters a Muslim, God
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Health as a human right in Islam
will give him shelter both in this life and in the life to come”. [95]
Finally, the Prophet is quoted as saying: “One believer is the brother of another
wherever they happen to be: he provides him with what he misses and backs him
with unfailing support”. [96]
God always tells the truth and gives guidance.
36
References
Health as a human right in Islam
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Health as a human right in Islam
[32] Related by Al-Nassaie on the authority of Aisha and Samurah ibn Jundub.
[33] Related by Al-Bukhari and Muslim on the authority of Ibn Massoud.
[34] Related by Al-Bukhari and Muslim on the authority of Aisha.
[35] Related by Muslim on the authority of Abu Hurayrah.
[36] Related by Muslim and Ibn Majah on the authority of Abu Hurayrah.
[37] Related by Al-Daraqutni on the authority of Abu Said al-Khudri.
[38] Related by Al-Khatib in his history book on the authority of Abu Hurayrah.
[39] Related by Ibn Majah and Al-Baihaqi on the authority of Jabir.
[40] Related by Al-Bukhari on the authority of Ussamah ibn Zaid.
[41] Related by Muslim on the authority of Abu Hurayrah.
[42] Related by Al-Bukhari on the authority of Jabir.
[43] Related by Abu Dawood on the authority of Ali ibn Shaiban.
[44] Related by Ahmad on the authority of Ibn Umar, and its chain of
transmission grades it as authentic following the criteria of Al-Bukhari.
[45] Related by Ahmad and Abu Dawood on the authority of Umm Salamah.
[46] Related by Abu Nuaim on the authority of Anas ibn Huthaifah.
[47] Related by Al-Bukhari and Muslim on the authority of Abdullah ibn Amr.
[48] Related by Al-Bukhari and Muslim on the authority of Abdullah ibn Umar.
[49] Related by Abu Dawood and others on the authority of Abdullah ibn Amr.
[50] Related by Muslim and Ibn Majah on the authority of Abu Tharr.
[51] Related by Muslim on the authority of Abu Hurayrah.
[52] Related by Al-Bukhari in Al-adab al-mufrad on the authority of Abu Tharr.
[53] Related by Al-Tirmithi on the authority of Amir ibn Said through his father.
[54] Related by Abu Dawood and Ibn Majah on the authority of both Jabir and
Aisha, and related by Al-Tirmithi and Ibn Majah on the authority of Safinah.
[55] Related by Abu Ubaid in the book of purification on the authority of Abu
al-Dardaa’.
[56] Related by Ibn Majah and Al-Nassaie, and a similar version by Abu Dawood
on the authority of Abdullah ibn Amr.
[57] Related by Abu Dawood on the authority of Abdullah ibn Mughaffal.
[58] Related by Abu Dawood on the authority of Abdullah ibn Habshi.
[59] Related by Abu Dawood on the authority of Adiy ibn Zaid.
[60] Related by Abu Dawood on the authority of Saad ibn Abi Waqqas.
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Health as a human right in Islam
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Health as a human right in Islam
41