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ISLAMIC MEDICAL EDUCATION RESOURCES 04

0010-TRANSACTIONS, (AHKAAM AL MUALAMAT)

Background reading material for medicine & fiqh panel discussion on 22nd January 2000 for 3rd year medical students, Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.

OUTLINE

1.0 BUYING and SELLING, buyuu'u

A. Goods and services

B. Conditions of a valid transaction

C. Types of sales/transactions

D. Cancellation and disputes

E. Etiquette of the market

 

2.0 PERSONAL LOANS AND DEBTS, quruudh & duyuun

A. Conditions

B. Collateral

C. Guarantee

D. Transfer of debts

E.  Bankruptcy

 

3.0 INVESTMENTS

A. Investment in property

B. Investment trade

C. Investment in agriculture

D. Deposits

E. Insurance

 

4.0 OTHER TRANSACTIONS

A. Wikalah

B. Ijarah & I'arah

C. Waqf

D. Prize Competitions

E. Gifts

 

5.0 MODERN CHALLENGES

A. Stock exchange

B. Commodity exchange

C. Currency trading

D. Public debt

E. Free trade

 


DISCUSSION ON TRANSACTIONS

BUYING & SELLING

Pharmaceutical products from haram material such as khamr and pigs

Government control of prices of medical services and medicine

Advance payment for medical services

Higher fee for delayed payment for medical services

Receiving medical services on credit

Monopoly and lack of free competition among providers of medical care

Government intervention with quality assurance programs

Peer review

Professional licensure

Licensing of new drugs

Does a fee for service medical encounter follow the normal rules of transactions?

Is it valid to combine medical care with sale of drugs?

What relief does a paying patient have if the treatment fails

Does lack of patient consent to treatment invalidate the payment transaction?

Advertising of medical services

Promise of cures

Buying and selling blood and organs

Payment for medical services as a business transaction

 

PERSONAL LOANS & DEBTS

Mental condition of a person taking a debt. Is an insane liable to pay back?

Is an unpaid medical bill by a poor person a debt?

Colossal medical bills leading to bankruptcy

Use of zakat funds to pay medical bills of the indigent

 

INVESTMENTS

Medical Care between the profit motive and social welfare

Investment in for-profit hospitals

Managed health care and consumer protection

Health insurance through a third party payer

Government or company sponsored health insurance

Life insurance

Health Maintenance Organizations

 

WIKALAH

Power of attorney for unconscious patient: who has financial liability for medical costs?

The living will

 

IJARAH

Is the physician an employee of the patient under the concept of ijarah?

Industrial action by physicians and nurses

 

WAQF

Hospital as a waqf

 

PRIZE COMPETITIONS

Medical assessment of competitors for fitness

Sports injuries

Gambling in sports competitions

Spectator vs participatory sports

 

GIFTS

Blood and organ donation

 

STOCK EXCHANGE

Pharmaceutical stocks

Hospital stocks

HMO stocks

Life insurance stocks

Health insurance stocks

Stocks in companies that manufacture weapons

 

COMMODITY EXCHANGE

Starving third world nations despite surplus agricultural produce in the west

CURRENCY TRADING

Haraam and usurious trading

Halaal currency trading

 

FREE TRADE

Multi-national pharmaceutical companies

Multi-national hospital corporations

Professor Omar Hasan Kasule, Sr.