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Disability in Islamic Law 2007th Edition by Vardit Rispler Chaim ISBN 1402050518 9781402050510

  • SKU: BELL-2000328
Disability in Islamic Law 2007th Edition by Vardit Rispler Chaim ISBN 1402050518 9781402050510
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Disability in Islamic Law 2007th Edition by Vardit Rispler Chaim ISBN 1402050518 9781402050510 instant download after payment.

Publisher: Springer
File Extension: PDF
File size: 1.24 MB
Pages: 187
Author: Vardit Rispler-Chaim
ISBN: 9781402050510, 9781402050527, 1402050518, 1402050526
Language: English
Year: 2006
Edition: 1

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Disability in Islamic Law 2007th Edition by Vardit Rispler Chaim ISBN 1402050518 9781402050510 by Vardit Rispler-chaim 9781402050510, 9781402050527, 1402050518, 1402050526 instant download after payment.

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ISBN 10: 1402050518 
ISBN 13: 9781402050510
Author: Vardit Rispler Chaim

1 When I completed my book Islamic Medical Ethics in the Twentieth Century , I was aware that I had omitted certain topics that I would have to return to. One of these was the ethical treatment of disabilities and the disabled, and of handicaps and the handicapped. Since responses to burning medical dilemmas within the wide field of medical ethics was the main focus of that book, it addressed ethical aspects of the doct- patient relationship, and contemporary Islamic debates on issues such as birth control and abortion, artificial insemination, organ transplants, postmortem exa- nations and euthanasia. The main source material was 20th-century fatwas (legal responses) issued by various Middle Eastern muftis. In this book I now wish to survey attitudes to the disabled and their disabilities as evinced by selected Sunni and Shi‘i legal compilations throughout 1400 years of scholarly Islamic activity, but also through contemporary fatwas. The sources used for this book are a selection ofmedieval as well as modern legal writings, medical books and articles in Arabic, books and articles on medicine from an Islamic religious point of view, Prophetic medicine, and the Qur’an and medicine. I have scrutinized all these for their consideration of people with disabilities, and for the behavioral or social adjustments these people were offered, mainly through legal rulings.

Disability in Islamic Law 2007th Table of contents:

1 Introduction

  • Defining Disability: Contemporary and Islamic Perspectives
  • Purpose and Scope of the Study
  • Methodology: Islamic Legal Reasoning and Contemporary Disability Studies
  • Overview of Chapters

Part I: Conceptual Foundations of Disability in Islamic Law

2 Traditional Understanding of Disability

  • Terminology and Definitions in Classical Islamic Texts:
    • Terms like maʿdhūr, dhawi al-iʿtiyāqāt, ahl al-ʿahd
    • Medical and Social Perceptions of Impairment in historical Islamic societies
  • Religious and Ethical Perspectives:
    • Divine Will and Predestination (qadar)
    • Trial and Reward (ibtilaʾ and ajr)
    • Patience (sabr) and Gratitude (shukr)
  • The Prophet Muhammad's Teachings and Practices:
    • Treatment of individuals with disabilities in the prophetic tradition
    • Empathy, compassion, and justice as guiding principles
  • The Role of Reason (ʿaql) and Capacity (ahliyya)
    • Legal implications of mental and physical capacity
    • Differentiating between various types of disability

3 Rights and Duties of Persons with Disabilities

  • General Human Rights in Islam: Dignity (karama) and Equality
  • Specific Rights Related to Disability:
    • Right to Life and Protection: Protection from harm, neglect, and abuse
    • Right to Education: Access to knowledge and learning
    • Right to Work and Livelihood: Economic independence and participation
    • Right to Marriage and Family Life: Eligibility for marriage, divorce, and parenthood
    • Right to Justice and Legal Protection: Equal access to courts, testimony
    • Right to Social Inclusion: Participation in community life, mosque attendance, pilgrimage
  • Exemptions from Religious Duties:
    • Prayer (salat), Fasting (sawm), Hajj (pilgrimage), Jihad (struggle)
    • Interpretations of capacity and hardship (rukhsa)

Part II: Specific Categories of Disability and Legal Rulings

4 Physical Disabilities

  • Locomotor Disabilities:
    • Mobility impairments and their implications for religious rites (prayer, Hajj)
    • Legal rulings on travel, presence in congregational prayers
  • Sensory Impairments:
    • Blindness: Legal capacity, testimony, leadership roles, marriage
    • Deafness: Communication, legal capacity, rights in marriage
  • Speech Impairments:
    • Implications for legal contracts, testimony, reciting Quran
    • Use of sign language or written communication

5 Mental and Intellectual Disabilities

  • Defining Mental Incapacity (junūn, ʿatah) in Islamic Law:
    • Differentiation between transient and permanent conditions
  • Legal Implications of Mental Disability:
    • Competency for contracts (marriage, sale, finance)
    • Criminal and Civil Liability
    • Guardianship (wilaya) and Custodianship (qayyima)
  • Ethical Considerations in Treatment:
    • Best interests of the individual
    • The role of the family and community

6 Chronic Illnesses and Health Impairments

  • Disabilities Arising from Chronic Diseases:
    • Implications for religious duties (e.g., chronic illness and fasting, prayer)
    • End-of-Life care and decision-making
  • Invisible Disabilities:
    • Chronic pain, mental health conditions (depression, anxiety)
    • Recognition and support

Part III: Contemporary Issues and Future Directions

7 Bioethics, Genetics, and Disability

  • Genetic Testing and Counseling: Islamic perspectives on prenatal diagnosis
  • Disability Prevention vs. Disability Rights: Ethical dilemmas
  • Reproductive Technologies and Disability: Implications for individuals with disabilities
  • Gene Therapy and Enhancement: Islamic views

8 Accessibility, Inclusion, and Social Justice

  • Physical Accessibility in Mosques and Public Spaces: Contemporary efforts
  • Inclusive Education: Strategies and challenges in Islamic contexts
  • Employment Opportunities: Breaking down barriers
  • The Role of Islamic Organizations and NGOs: Advocacy and support for persons with disabilities
  • Challenging Stereotypes and Promoting Positive Attitudes

9 Disability Rights in Contemporary Muslim Societies

  • Review of National Laws and Policies: Comparison with international standards (UN CRPD)
  • Cultural and Social Barriers: Traditional beliefs and practices that hinder inclusion
  • Activism and Advocacy: Voices of persons with disabilities in Muslim communities
  • The Way Forward: Towards a More Inclusive Islamic Praxis

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Tags: Vardit Rispler Chaim, Disability, Islamic

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