Applying the Concepts of Benefit and Harm in Malaysian Bioethical Discourse: Analysis of Malaysian Fatwa

This article discusses several selected bioethical issues in Malaysia by studying the application ofma ṣlaḥah (the public good) andmafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict betweenma ṣlaḥah and avoidance ofmafsadah, it is preferred to attempt to address both needs. However, ifma ṣlaḥah and avoidance ofmafsadah are mutually exclusive, the decision to choose must be made by weighing (tarj īḥ) and choosing the one which is superior. Thema ṣlaḥah andmafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achievingmaq āṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims ’ lives.
Source: Journal of Bioethical Inquiry - Category: Medical Ethics Source Type: research