Islamic Ethico-Legal Imperatives on Vaccination: An Analysis of Fatawa on Preventive Medicine

Abstract: Collective deliberations among jurists and experts (ijtihād jamāʿī) has extended Islamic jurisprudential approaches to address contemporary medical interventions like vaccinations. The principles of dire necessity (ḍarūra) and extreme need (ḥājah), alongside the certainty (yaqīn) or high probability (ghalabat al-ẓann) of therapeutic benefit, serve as foundational ethical considerations. These principles are elaborated through the methodologies of uṣūl al-fiqh (principles of jurisprudence) to accommodate the use of vaccinations to preserve public health and prevent disease spread. The goals and purposes of Islamic law (Maqasid al-Shariah) prioritizes the protection of life and health as a communal and individual obligation. This presentation aims to elucidate perspectives across the body of religious scholars (ulema) in the context of widespread or highly infectious diseases, where vaccination could be considered a communal obligation (fardh kifayah) if it prevents harm on a societal level, or an individual obligation (fardh 'ayn) if it protects one’s health and the vaccine’s effectiveness is established. We aim to deconstruct how scholars may posit the principle of preventing harm (la darar) in suggesting that neglecting vaccinations, which are a proven method of disease prevention, could be viewed as makrūh (disliked or prohibitively disliked) or even ḥarām (forbidden) if refusal leads to harm, or mustaḥabb (liked) if taken. Given debates on vaccine effectiveness, particularly novel ones like COVID-19 and in the midst of pandemic-like situations, we aim to explore relevant fatawa (non-binding legal opinions) on what guidance has been provided in navigating such situations and map the variance in underlying reasoning.

Basel Tarab, M.D., M.B.E., M.H.A – Harvard Medical School, Winchester Hospital