Mining Al-Sarakhsî’s Usûl and Al-Mabsût for a framework for modern bioethics and medicine

Ali, Muhammad ORCID: https://orcid.org/0000-0002-3176-4746 2025. Mining Al-Sarakhsî’s Usûl and Al-Mabsût for a framework for modern bioethics and medicine. Bedi̇r, Murteza, Aydinli, Osman, Abaci, Harun, Yazici, Mahmut and Ati̇k, Sefa, eds. Serahsî’nin İlmî Mirası (Hukuk, Ahlâk ve Gelenek), Ankara, Türkiye: ilahiyatyayin, pp. 231-250.

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Abstract

This article examines the jurisprudential contributions of the eleventh-century Ḥanafī jurist al-Sarakhsī (d. 483/1090), focusing on his works al-Mabsūṭ and Uṣūl to propose a framework for contemporary Islamic bioethics. Al-Sarakhsī’s legal thought balances principled reasoning with pragmatic concern for human welfare (maṣlaḥa), harm reduction (darʾ al-mafāsid), and necessity (ḍarūra), offering an alternative to rigid legalism and secular bioethical models. The article explores al-Sarakhsī’s selective use of medical knowledge, showing how he sometimes employs it to support legal reasoning but ultimately subordinates it to scriptural authority. A central focus is al-Sarakhsī’s engagement with the issue of using impure substances for treatment (al-tadāwī bi al-muḥarramāt), particularly the debate over camel urine. He supports the view of Abū Ḥanīfa and Abū Yūsuf that it is impure, using ḥadīth criticism, legal theory, and rational analysis to counter al-Shaybānī’s opposing stance. Finally, the article highlights al-Sarakhsī’s flexible application of ḍarūra, showing that necessity can override religious obligations, such as permitting male physicians to treat women in emergencies. His jurisprudence offers a rich resource for constructing an Islamic bioethical framework that is both rooted in tradition and responsive to modern medical challenges.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Schools > History, Archaeology and Religion
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
Language other than English:	Turkish
Publisher:	ilahiyatyayin
ISBN:	978-625-8731-68-2
Last Modified:	08 Jan 2026 14:45
URI:	https://orca.cardiff.ac.uk/id/eprint/183592

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