Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment
This study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary s...
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| Format: | Article |
| Language: | English |
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Fakultas Syariah IAIN Metro
2025-05-01
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| Series: | Metro Islamic Law Review |
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| Online Access: | https://e-journal.metrouniv.ac.id/milrev/article/view/10398 |
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| author | Nur Aqila Mohd Zahari Mohd Hafiz Safiai |
| author_facet | Nur Aqila Mohd Zahari Mohd Hafiz Safiai |
| author_sort | Nur Aqila Mohd Zahari |
| collection | DOAJ |
| description | This study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary sources, including authoritative fatwas, peer-reviewed medical literature, and official public health data. The study adopts a Maqasid-based ijtihad framework, supported by principles from Ushul Fiqh and qawaʿid fiqhiyyah, particularly the maxim al-darar yuzal (harm must be eliminated). Given that e-cigarettes are a modern phenomenon not clearly stated in classical Islamic texts, the issue falls under the domain of fiqh al-nawazil (the jurisprudence of novel occurrences), requiring contemporary legal reasoning (ijtihad mu'asir) to determine their ruling. The findings reveal a substantial incongruity between the use of electronic cigarettes and the core objectives of Maqasid al-Sharia, particularly the imperative to safeguard life (hifz al-nafs) and intellect (hifz al-ʿaql). Moreover, Islamic legal pronouncements on this matter vary, yet a growing corpus of contemporary fatwas aligns with a precautionary stance rooted in the principle of harm prevention. The study underscores that while e-cigarettes are often perceived as less harmful than conventional tobacco, their adverse health effects and potential to undermine societal welfare necessitate a reevaluation within Islamic ethical-legal frameworks. Limitations of the study include its reliance on secondary data and the evolving nature of medical consensus. These findings contribute to a nuanced interdisciplinary dialogue at the intersection of Islamic jurisprudence, public health, and ethical consumption. |
| format | Article |
| id | doaj-art-a91074fdb9e649509d71c5da854244c2 |
| institution | OA Journals |
| issn | 2986-528X |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Fakultas Syariah IAIN Metro |
| record_format | Article |
| series | Metro Islamic Law Review |
| spelling | doaj-art-a91074fdb9e649509d71c5da854244c22025-08-20T02:38:23ZengFakultas Syariah IAIN MetroMetro Islamic Law Review2986-528X2025-05-014129531810.32332/milrev.v4i1.103989047Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal AssessmentNur Aqila Mohd Zahari0Mohd Hafiz Safiai1Universiti Kebangsaan Malaysia, MalaysiaUniversiti Kebangsaan Malaysia, MalaysiaThis study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary sources, including authoritative fatwas, peer-reviewed medical literature, and official public health data. The study adopts a Maqasid-based ijtihad framework, supported by principles from Ushul Fiqh and qawaʿid fiqhiyyah, particularly the maxim al-darar yuzal (harm must be eliminated). Given that e-cigarettes are a modern phenomenon not clearly stated in classical Islamic texts, the issue falls under the domain of fiqh al-nawazil (the jurisprudence of novel occurrences), requiring contemporary legal reasoning (ijtihad mu'asir) to determine their ruling. The findings reveal a substantial incongruity between the use of electronic cigarettes and the core objectives of Maqasid al-Sharia, particularly the imperative to safeguard life (hifz al-nafs) and intellect (hifz al-ʿaql). Moreover, Islamic legal pronouncements on this matter vary, yet a growing corpus of contemporary fatwas aligns with a precautionary stance rooted in the principle of harm prevention. The study underscores that while e-cigarettes are often perceived as less harmful than conventional tobacco, their adverse health effects and potential to undermine societal welfare necessitate a reevaluation within Islamic ethical-legal frameworks. Limitations of the study include its reliance on secondary data and the evolving nature of medical consensus. These findings contribute to a nuanced interdisciplinary dialogue at the intersection of Islamic jurisprudence, public health, and ethical consumption.https://e-journal.metrouniv.ac.id/milrev/article/view/10398contemporary, electronic cigarettes, islamic jurisprudence, maqasid sharia. |
| spellingShingle | Nur Aqila Mohd Zahari Mohd Hafiz Safiai Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment Metro Islamic Law Review contemporary, electronic cigarettes, islamic jurisprudence, maqasid sharia. |
| title | Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment |
| title_full | Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment |
| title_fullStr | Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment |
| title_full_unstemmed | Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment |
| title_short | Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment |
| title_sort | maqasid sharia and the biomedical ethics of e cigarettes a contemporary islamic legal assessment |
| topic | contemporary, electronic cigarettes, islamic jurisprudence, maqasid sharia. |
| url | https://e-journal.metrouniv.ac.id/milrev/article/view/10398 |
| work_keys_str_mv | AT nuraqilamohdzahari maqasidshariaandthebiomedicalethicsofecigarettesacontemporaryislamiclegalassessment AT mohdhafizsafiai maqasidshariaandthebiomedicalethicsofecigarettesacontemporaryislamiclegalassessment |