The Impact of Modern Technology on the Evolution of Fatwas: A Juristic Study.

Al-Saeed Ali Al-Sayyid Settin., Amal

doi:10.21608/bfsgm.2025.442996

The Impact of Modern Technology on the Evolution of Fatwas: A Juristic Study.

Author

Amal Al-Saeed Ali Al-Sayyid Settin.

Al-Azhar

10.21608/bfsgm.2025.442996

Abstract

This study examines the influence of modern medical technologies on the evolution of Islamic legal rulings, particularly those concerning defects that affect the validity of the marriage contract. It seeks to reconsider rulings established by classical jurists in light of contemporary medical developments, with special attention to the integration of fiqh and medical science in addressing newly emergent realities. The research focuses on conditions that were once grounds for annulment but may now be treatable through technological means.
Adopting an inductive and comparative methodology, the study is divided into three main chapters. The first provides a definition of key terms. The second addresses five central themes: the concept of physical defect (ʿayb), defects specific to men, those specific to women, mutual defects, and the legal framework for annulment based on such defects under both Sharīʿa and civil law. The third chapter explores the role of modern technology in treating various conditions, including impotence, vaginal atresia, albinism, leprosy, anal fistula, hemorrhoids, and chronic halitosis.
The findings indicate that advancements in medical technology have significantly impacted legal rulings on issues that early jurists had addressed through ijtihād. Several marital defects that once constituted valid grounds for annulment—such as leprosy, impotence, or anal fistula—are now treatable, which may alter the corresponding legal ruling. However, in cases where treatment remains inaccessible due to time or place, no obligation is imposed on the affected party. If treatment is not undertaken, the other spouse retains the right to seek annulment.
The study underscores that where treatment is medically available and effective, the legal assessment must adapt accordingly. However, in the absence of guaranteed access, the principle of individual discretion (khiyār) and fairness must be upheld.

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