Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment

This study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary sources, including authoritative fatwas, peer-reviewed medical literature, and official public health data. The study adopts a Maqasid-based ijtihad framework, supported by principles from Ushul Fiqh and qawaʿid fiqhiyyah, particularly the maxim al-darar yuzal (harm must be eliminated). Given that e-cigarettes are a modern phenomenon not clearly stated in classical Islamic texts, the issue falls under the domain of fiqh al-nawazil (the jurisprudence of novel occurrences), requiring contemporary legal reasoning (ijtihad mu'asir) to determine their ruling. The findings reveal a substantial incongruity between the use of electronic cigarettes and the core objectives of Maqasid al-Sharia, particularly the imperative to safeguard life (hifz al-nafs) and intellect (hifz al-ʿaql). Moreover, Islamic legal pronouncements on this matter vary, yet a growing corpus of contemporary fatwas aligns with a precautionary stance rooted in the principle of harm prevention. The study underscores that while e-cigarettes are often perceived as less harmful than conventional tobacco, their adverse health effects and potential to undermine societal welfare necessitate a reevaluation within Islamic ethical-legal frameworks. Limitations of the study include its reliance on secondary data and the evolving nature of medical consensus. These findings contribute to a nuanced interdisciplinary dialogue at the intersection of Islamic jurisprudence, public health, and ethical consumption.

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Publication Details

Journal
MILRev Metro Islamic Law Review
Published
2025-05-30
DOI
https://doi.org/10.32332/milrev.v4i1.10398
Citations
1
Primary Topic
Halal products and consumer behavior
Type
article
Field-Weighted Citation Impact
4.20

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article

Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment

Mohd Hafiz Safiai, Nur Aqila Mohd Zahari
1 citations
MILRev Metro Islamic Law Review
Halal products and consumer behavior
4.20
article

Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment

Mohd Hafiz Safiai, Nur Aqila Mohd Zahari
article en
1 citations

Abstract

This study critically examines the consumption of electronic cigarettes through the integrative lens of Maqasid al-Sharia, health preservation, and legal evaluation. Employing a qualitative methodology grounded in document analysis, this research draws upon a diverse array of primary and secondary sources, including authoritative fatwas, peer-reviewed medical literature, and official public health data. The study adopts a Maqasid-based ijtihad framework, supported by principles from Ushul Fiqh and qawaʿid fiqhiyyah, particularly the maxim al-darar yuzal (harm must be eliminated). Given that e-cigarettes are a modern phenomenon not clearly stated in classical Islamic texts, the issue falls under the domain of fiqh al-nawazil (the jurisprudence of novel occurrences), requiring contemporary legal reasoning (ijtihad mu'asir) to determine their ruling. The findings reveal a substantial incongruity between the use of electronic cigarettes and the core objectives of Maqasid al-Sharia, particularly the imperative to safeguard life (hifz al-nafs) and intellect (hifz al-ʿaql). Moreover, Islamic legal pronouncements on this matter vary, yet a growing corpus of contemporary fatwas aligns with a precautionary stance rooted in the principle of harm prevention. The study underscores that while e-cigarettes are often perceived as less harmful than conventional tobacco, their adverse health effects and potential to undermine societal welfare necessitate a reevaluation within Islamic ethical-legal frameworks. Limitations of the study include its reliance on secondary data and the evolving nature of medical consensus. These findings contribute to a nuanced interdisciplinary dialogue at the intersection of Islamic jurisprudence, public health, and ethical consumption.

MILRev Metro Islamic Law ReviewVol. 4(1)
National University of Malaysia (MY)
Universiti Kebangsaan Malaysia
Openalex Percentile: Top 8%
Halal products and consumer behavior
4.20
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Maqasid Sharia and the Biomedical Ethics of E-Cigarettes: A Contemporary Islamic Legal Assessment — Mohd Hafiz Safiai, Nur Aqila Mohd Zahari · MILRev Metro Islamic Law Review (2025) | TGRS Research Map | TGRS