By Vardit Rispler-Chaim
The publication analyzes attitudes to individuals with numerous disabilities in response to Muslim jurists’ works within the heart a while and the fashionable period. little or no has been written thus far on individuals with disabilities in a common Islamic context, less in connection with Islamic legislations. the most contribution of the ebook is that it makes a speciality of individuals with disabilities and depicts where and standing that Islamic legislations has assigned to them.
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Additional resources for Disability in Islamic Law (International Library of Ethics, Law, and the New Medicine)
The two verses which establish the duty itself, 3, 97 and 2, 196, condition its performance on the physical and mental well-being of the prospective pilgrim. Qur’an 3, 96–97, after reaffirming that Mecca is the destination of the prescribed pilgrimage, reads “And pilgrimage to the House is a duty unto Allah for mankind, for him who can find a way thither …” (Pickthall). The ability with regard to the way (istita‘at al-sabil) is essential for understanding who is exempt a priori from the duty, and who is not.
237 This is contrary to Abu Hanifa, who does not require the blind to perform the hajj at all. 238 According to al-Ghazali, any Muslim who is unable to go on the hajj, but has the financial ability to hire another to perform it on his or her behalf, is considered to have istita‘a. 240 For a Muslim who originally had istita‘a, then for reasons of old age, illness, or the outbreak of hostilities did not manage to fulfill the duty, two legal rulings exist on the matter. One maintains that the person has to appoint a substitute to perform the hajj instead of him or her (niyaba).
If unable to prostrate themselves or kneel, they should pray from a sitting position. If unable to sit, one may lie on the right side of the body, and if unable to prostrate oneself from this position, one may make a sign with the head. 159 Half the exceptions to the rule thus allude to people with disabilities, who consequently are not required to attend the Friday prayer in a mosque. But they are not totally exempt from prayer, since they are still expected to pray in their own places. The duty to attend a prayer service in the mosque is waived on account of fear, unsafe roads, or sickness.
Disability in Islamic Law (International Library of Ethics, Law, and the New Medicine) by Vardit Rispler-Chaim