The Necessity of Studying the Islamic Legal Foundations of Caesarian Section in Medical Education with Emphasis on Health Sector Evolution


Ali Arefi-Maskoni 1 , Mohammadreza Zangiabadi 2 , * , Rahimeh Khademipour 2


1 Ph.D. in Jurisprudence and Law, Associate Professor, Department of Jurisprudence and Law, School of Law, Shahid Bahonar University of Kermen, Kerman, Iran, Iran

2 M.A. in Jurisprudence and law , Department of Jurisprudence and Law, School of Law, Shahid Bahonar University of Kermen, Kerman, Iran, Iran


Strides in Development of Medical Education: 13 (5); e57544
Published Online: December 22, 2016
Article Type: Research Article
Received: July 04, 2017
Accepted: August 13, 2016




Background & Objective: The creation of culture, propagation of natural childbirth, and reduction of caesarian section has always been one of the objectives of the Ministry of Health and Medical Education. In addition, this subject is one of the 8 objectives of the country's health system reform plan. The aim of this study was the evaluation and explanation of the fundamentals caesarian section in terms of jurisprudence because medicine and jurisprudence can be related in some respects. With the consideration of this connection and using Islamic resources, training programs can be improved and teaching and learning output strengthened in order to better train medical students and the public on medical issues.

Methods: The present study was conducted through library research and by studying literature and valid first class sources of Fiqh and Hadith like Wasā'il al-Shīʿa, Man Lā Yahzar āl Faqih, Mostadrak-āl vasāil, Qavāid āl Fiqhi, and āl-mizan and the religious grounds for natural childbirth. Moreover, books, articles, and dissertations in the field of medicine and the views of experts in the field were used. The common points between these resources were noted in order to achieve the desired result. Selection of resources was based on their accreditation  in jurisprudence and medicine.

Results: By studying a large number of religious, Hadith, and medical books related to the discussion topic it was found that natural childbirth has a scientific and rational priority over cesarean delivery, except in cases of necessity. However, caesarian delivery is thriving today. One of the most important findings of this research is that, in addition to its disadvantages, cesarean delivery can be indirectly effective in the reduction of population. The limiting of the human race is under the “Lā-Zarar” rules of the Islamic jurisprudence. This means that harming oneself or others is not legitimate in Islam. This is a good reason to study this subject in terms of Islamic jurisprudence and to guide students and researchers toward the development of medical education.

Conclusion: Cesarean delivery operation is one of the issues that, contrary to popular imagination, Islamic jurisprudence has discussed. The results showed that caesarean section, despite less pain than natural childbirth, has no advantages over natural childbirth except in special cases and Islamic jurisprudence confirms this in numerous fatwas. On the other hand, cesarean section is subject to the rules of Islamic jurisprudence, and according to the rule of "no injury and loss in Islam" (Lā-Zarar rule), whatever causes harm to human beings is prohibited. One of the major damages that cesarean delivery indirectly causes for human life is the crisis of population reduction, and thus, it has been forbidden according to the rule of Lā-Zarar.


Natural childbirth;Caesarian section;Jurisprudence and medicine;Health sector evolution

© 2016, Strides in Development of Medical Education. This is an open-access article distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License ( which permits copy and redistribute the material just in noncommercial usages, provided the original work is properly cited.

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