Die Hurma. Schariatrechtlicher Schutz vor Eingriffen in die körperliche Unversehrtheit nach arabischen Fatwas des 20. Jahrhunderts.

Sacred Law Reconsidered

“…The OIC committee accepted the brain death concept in 1986 and equated it with heart death 1 . Soon after, in 1988, it also gave the green light for cadaveric organ transplantations, and in the same year the first heart transplantation was conducted in Saudi Arabia, accompanied by comprehensive coverage in the state‐controlled media and the approval and enthusiasm of the state representatives (Krawietz 1991, 170–72).…”

“…However, both institutions clarified their attitude toward brain death under the common heading and within the same context of “artificial respiration.” Islamic jurists normally share the conviction that Islam is against an artificial and unnecessary prolongation of life and suffering (Krawietz 1991, 111–15). Therefore, the OIC and the Muslim World League agreed in principle that the artificial respirator could be turned off in case of brain death, thereby allowing Muslims to perform funeral rites and bury their dead.…”

“…According to a third understanding, Sharia consists of a special hierarchy of norm‐producing methods with an inner logic (Krawietz 1991, 2002). This understanding upholds the concept of the casuistic religious law, but it hints at the fact that Sharia is composed not only of norms and rules, but also of principles (Krawietz 1991, 323). In contrast to the first explanation, this third one underlines that Muslim jurists share a common set of words and concepts taken from tradition.…”

“…A Sharia norm is not restricted to the body, but it refers to the community and its social order as a whole. It would be an “un‐Islamic idea” to define the concept of hurma for one and all, since the Sharia framework does not form a closed system (Krawietz 1991, 320). The limits and bounds of hurma are socially and culturally defined (Krawietz 1991, 322).…”

“…It would be an “un‐Islamic idea” to define the concept of hurma for one and all, since the Sharia framework does not form a closed system (Krawietz 1991, 320). The limits and bounds of hurma are socially and culturally defined (Krawietz 1991, 322). This immanent re‐construction wants to do justice to Islamic jurisprudence and underline its role for Muslim societies (Krawietz 1991, 319).…”