The concept of pandemic in Islamic jurisprudence

Islamic jurisprudence has well-known the concept of pandemic, and all the Islamic schools of doctrine dedicated a lot of teachings and writings to deal with this term. Therefore we are focused in this brief article on the definition of the pandemic in conformity with the Islamic jurisprudence perspective and the juristic position of various Islamic schools of doctrine towards this juristic term. And as follows:

The definition of the pandemic in the Islamic jurisprudence: It is worth-mentioning that the concept of pandemic can be sub-classified into both the linguistic and juristic definitions: in conformity with the linguistic definition of the pandemic, the Islamic jurists define the pandemic as the big severity, hardship or ordeal inflicting the human being, animals or fruits. It contains also the meaning of invasion. For example, it can be said that the enemy invaded the country. But as far as the juristic definition of the pandemic is concerned, Islamic jurists categorizes it into wide and narrow concepts. According to the wide concept, The pandemic may be defined as any "heavenly bane", that negatively affects the life of the human being and animals equally. such as floods, storms, lightning, thundering and torrential rain, etc. and does not restrict to infectious diseases befalling the human being. But if we take a look on the narrow concept of the pandemic, it is obvious that it refers to wide-spread epidemics disseminating or proliferating outside the borders of one continent at least. The juristic origin of the pandemic in Islamic jurisprudence goes or dates as far back as the holy Quran and the prophetic tradition of prophet Mohammad (peace be upon him). In the holy Quran, Al-mighty God said (And strive in his cause as ye ought to strive, with sincerity under discipline, he has chosen you, and has imposed no difficulties on you in religion) (Al-Hajj, verse 78). In the prophetic tradition. prophet Mohammad (peace be upon him), he said " If you sell your brother fruits, which are hit by pandemic. You are prohibited from taking anything in return, for which would you like to take your brother's property?". It is to be noted that the term "pandemic" in this prophetic tradition refers to its narrow concept rather than the wide one. In the Islamic jurisprudence, Grand Imam Al-shafi'i mentioned that pandemic means "heavenly bane". In the hahafite school of doctrine, Ibn-Nujaim said the pandemic is extracted from the meaning of "annihilation". Or "eradication". Like we say "destroying fruits". It should also be noted the Islamic jurisprudence categorized the pandemic into heavenly and humane pandemic. Al the jurists have agreed on the heavenly pandemic, which refers to epidemics, storm, snow, blizzard, and any epidemic disease befalls human being and animals, as well as any bane destroying fruits. But the disagree about the humane pandemic, some of the jurists insisted that the pandemic should be any bane coming from the heaven, and out of the hands of the human being. Whereas others recognized the human pandemic, such as wars, riot acts, lootings as well as armies inflicting mass destruction. The juristic basis upon which they depend is the unforeseeability and indefensibility criterion. This criterion is concluded by analogy. If the human pandemic is neither predicted (unforeseen) nor defended against, it will be analogous to heavenly pandemic.

the juristic position of various Islamic schools of doctrine towards pandemic: Islamic schools of doctrine have various opinions about juristic effects of the pandemic. The Hanbali school of doctrine recognized the rules of pandemic, and defined it as any bane taking place out of the hands of the human being. Such as storms, locust and snow etc. but this school of doctrine eliminated from the extent of the pandemic any act or force, which neither does lead to destroy high percentage of human being nor fruits. Whereas Al-shafi'i school of doctrine applied the concept of pandemic on the sale of fruits, and obliged the purchaser rather than the seller with the guarantee. The Grand Imam Al-shafi'i defined the pandemic as anything eradicating the fruits without felony. The Shi'ite school of doctrine adopted the theory of emergency to solve the problems concerning pandemics. And decided that if the pandemic precluded the lessee or the tenant from enjoying the leased property, after the entry of the contract of lease into effect, the lease will be nullified, in the case of the leased property is destroyed. Whereas in the school doctrine of Imam Malik. The pandemic is defined as an insurmountable force, which is neither predicted (unforeseen) nor defended against. And it can be classified into two types of banes: heavenly or natural and humane. All the scholars of this school agreed upon the heavenly or natural pandemic, but their opinions differed as to the humane pandemic. Those who denied the concept of humane pandemic, adopted a well-established opinion that both the war and the enemy armies can be guarded against, and precautions may be taken against them. It is also worth-bearing in mind that Islamic jurisprudence scholar Ibn-Jizzi authored a volume entitled " The juristic laws", in which he adopted the so-called theory of pandemics. He said that "whoever purchases fruits destroyed by pandemic, the price must be reduced in proportion to the part affected by pandemic and destroyed. Ibn-qudama also defined the pandemic as "any bane out of the hands and control of the human being, which neither can be expected nor defended against. We can conclude from this brief article that most Islamic jurists adopted the wide concept of the pandemic, and neither did they restrict it epidemics nor to infectious diseases.