Julius Wagner-Jauregg (1857–1940)

Apart from the author's specific observations, two broader themes seem to emerge. First, the modem medical fatwais demonstrate a clear continuity from medieval times. Companions of the prophet Muhammad and classical legal compendia are cited as easily-and as cogently-in the twentieth century as in the tenth, the mode of argument is often identical, and the classical terminology of classical Islamic jurisprudence is in evidence on all sides, although the specific issues have of course changed. One can hardly doubt that the scholars whose work informs this book consider themselves as falling squarely within the tradition of their illustrious medieval predecessors, and the author's conviction that "modem" medical ethics are at issue here thus bears important qualification. Second, in most medical-ethical matters the tenets of Islam serve to set broadly construed bounds for discussion rather than to define normative positions. The fatwa literature is thus characterized by a spirit of lively debate legitimating many shades of opinion. Certain problematic aspects of the book merit comment here. Rispler-Chaim's sources are entirely Arab, and mostly Egyptian: eighteen of twenty-two cited newspapers are Egyptian, and there are none from Turkey, Iran, or North Africa. Shi'i Islam is entirely omitted, and within Sunni Islam the views set forth are essentially those of Egyptian fundamentalist groups. What is represented, then, is not the views of "the Muslims", but only of a limited segment of Muslim thinking. In her introduction the author asserts that fatwas presume a dialogue between lay people and scholars (p. 4), but it is well known that often they represent conundrums posed by scholars for the benefit of other scholars, and so are abstractions that have nothing to do with the genuine medical-ethical concerns of Muslim societies. Rispler-Chaim has in fact taken up some of this material in her book. An Egyptian mufti, for example, puts the question of whether a woman is guilty of adultery if she finds some semen and, supposing it to be that of her husband, inserts it into her vagina, only to discover later that it was not his after all (pp. 20-1). Several scholars argue over whether a doctor may use the skin of a pig (an unclean animal whose meat is forbidden to Muslims by the Qur'an) for skin grafts to a badly burned patient if no other alternative is available (p. 38). If a dying person swallows a large amount of someone else's money, may …