LEGAL MEANS IN SOCIAL CONTROL IN TIMES OF EPIDEMICS AND DISEASES PLAGUE AND LEPROSY AS A MODEL
مجلة جامعة الأنبار للعلوم الإسلامیة,
2021, السنة 12, العدد 49, الصفحة 1-40
الملخصThe topic of this research (Legal Means in Social Control in Times of Epidemics and Diseases Plague and Leprosy as a Model) is concerned with dealing with the problem of some human behaviours that contribute to the spread of epidemics and diseases, and controlling such behaviours legally and socially in order to establish the principle of vicegerency on earth. The study concludes that epidemics are diseases affecting humans, animals and plants. However, they are different from usual diseases in several ways. Islamic Sharia has a holistic and integrative view in addressing human behaviours that would transmit epidemics and infectious diseases. This view is represented in a number of legislations that regulate, control, and evaluate the behaviours of individuals and communities, in realisation of interests and aversion of the means of corruption, by complete reliance on, and submission to, Allah's predestination and destiny taking all means of caution and prudence, and adhering to the general Islamic ethics, in addition to maintaining religious prayers and invocations that are considered among the most successful methods of disease and epidemics prevention as they cover all meanings of prevention of harm and evils. The impact of Shariah on social control is shown through religious controls and targets, which–once they are realised–become a strong factor in curbing the spread of epidemics and diseases, and protecting from them, either at the individual's level or the community's. For a Muslim, it is self-control, and for social norms, it controls the accepted and unaccepted behaviour according to Shariah laws; authority (the guardian) is controlling by the application of punishments to religious legal violations.
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