Reconciling Legal Majority and Puberty Across Jurisdictions: Adolescent Healthcare Autonomy in Islamic Jurisprudence
Friday, September 20, 2024
10:15 AM – 11:15 AM CT
Location: Midway 9 (First Floor)
Abstract: In the Islamic discourse on medical decision-making for adolescents, reconciliation between the legal age of majority and the onset of puberty presents a multifaceted challenge. This analysis traverses the diverse landscapes of Muslim-majority countries, Sunnī madhabs (schools of jurisprudence [Ḥanafī, Mālikī, Shāf’ī, Ḥanbalī]), and Muslim communities in minority contexts, highlighting the variances in interpreting legal adulthood versus the religiously significant milestone of bulugh (puberty). The Islamic ethical principles of taklif (moral responsibility) and ahliyya (legal capacity) are central to understanding the responsibilities and rights conferred upon reaching puberty. The study aims to illuminate how these principles are harmonized with or diverge from state laws defining adulthood, particularly in instances where puberty may occur before the legal age of majority, typically set at 18. The onset of puberty differs with regards to sex, with children as young as eight commonly experiencing hormonal changes. The Ḥanafī school holds that irrespective of visible signs of puberty, upon 15 lunar years of age (approximately 14 ½ solar years) an individual becomes baligh. Issues such as wilaya (guardianship and the permissibility of nikahs (marriage contracts) with related reproductive and child-bearing capacities thus become relevant in the discourse. Through examining jurisprudential texts, contemporary fatwas (legal opinions), and legal statutes, this presentation aims to uncover commonalities and disparities in adolescent rights and responsibilities in healthcare decisions across the ummah (Islamic community). We seek to offer insights into the intersections of religious obligations and understandings of maturity, civil adulthood, ethical considerations, and legal rights across different sociocultural contexts.
Learning Objectives:
After participating in this conference, attendees should be able to:
Analyze the differences between Islamic juridical schools of thought on the age of maturity and how these influence medical decision-making for adolescents in various cultural contexts.
Evaluate the ethical considerations underpinning Islamic legal principles such as taklif (moral responsibility) and ahliyya (legal capacity) in the context of adolescent healthcare rights and responsibilities.
Construct a framework for healthcare professionals to navigate medical decision-making for adolescents, integrating Islamic ethical principles with state laws on the age of majority.
