Pandemic Crises and Public Health: An Analytical Study of Contemporary Juristic and Medical Perspectives

Abstract

The spread of COVID-19 and its subsequent use of unprecedented epidemiological crises has created challenges unprecedented to international public health governance, State policies and traditional religious practices. It highlighted an important academic question on the legal and ethical compatibility of contemporary biomedical procedures, including quarantine, biosecurity measures, congregational restrictions and compulsory vaccination, with the legal and moral requirements of Islamic law. This paper uses a comparative and analytical approach to critically review primary Islamic scriptural texts, classic jurisprudential maxims and modern legal perspectives, in comparison with the public health standards set by the World Health Organization (WHO). The results show that there is an innate compatibility and symbiosis in the teleological goals of Islamic law (Maqasid al-Shari'ah) and contemporary epidemiological needs. During a Public Health Emergency, the concept of preserving human life (Hifz al-Nafs) takes precedence, both legally and ethically, over traditional modes of ritual and personal rights. Moreover, basic maxims of jurisprudence, such as La Darar wa La Dirar (harm shall not be done or received), Al-Darar al-Ashadd Yuzalu bi al-Darar al-Akhaff (lesser harm done to eliminate the greater harm), and the religious principle of preference of public interest over the rights of the sovereign, give strong jurisprudential support to lockdowns and biosecurity measures. The study argues that adherence to the accepted guidelines for prophylaxis is a duty and not a violation of religious duties, and institutionalized interdisciplinary cooperation between the parties, namely the jurists and the medical scientists, is as essential as possible. This work covers the following main themes: Pandemic Crises, Public Health, Contemporary Jurisprudence, Maqasid al-Shari‘ah, Preservation of Life (Hifz al-Nafs), Biosecurity, and Vaccination Ethics.

Keywords: Pandemic Crises, Public Health, Contemporary Jurisprudence, Maqasid al-Shari‘ah, Preservation of Life (Hifz al-Nafs), Biosecurity, Vaccination Ethics