See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/270893538

Disability in Islam: Insights into Theology, Law, History, and

Practice

Chapter · January 2009

CITATIONS READS
12 5,727

4 authors, including:

Mona M. Amer
The American University in Cairo
45 PUBLICATIONS 1,310 CITATIONS

SEE PROFILE

All content following this page was uploaded by Mona M. Amer on 15 January 2015.

The user has requested enhancement of the downloaded file.

 CHAPTER 13

Disability in Islam: Insights

into Theology, Law, History,
and Practice
Isra Bhatty, Asad Ali Moten,
Mobin Tawakkul, and Mona Amer

B eliefs about disability and reactions toward people with disabilities

have differed across regions, cultures, and eras. Religion has been one
of the central factors that has shaped these differing perceptions and
practices via the maxims outlined in religious texts, law, and tradition. Al-
though attitudes toward people with disabilities have been documented
for other faiths, little has been written about Islam. This chapter provides
a general understanding of the Islamic view on disability by examining
Islam’s primary sources—the Qur’an and Sunnah (the record of the say-
ings and actions of the Prophet Muhammad)—as well as legal texts writ-
ten by scholars of Islam. After a brief overview of the Islamic faith, the
chapter proceeds with an explanation of related terminology and a brief
discussion of various historical perceptions of disability. The main sec-
tions include an examination of the Islamic position on health, illness,
and disability, and an explanation of how Islamic law and society treat
individuals with mental, physical, and sensory disabilities. The chapter
concludes with insights into the conditions of disabled populations in
Muslim countries today.
Although this chapter is by no means an exhaustive review of the subject,
we hope that it provides everyday readers with a grasp of the Islamic view of
disability. The chapter has special relevance for those readers who regularly
interact with Muslims on a professional or personal level worldwide, espe-
cially those who work with Muslims with disabilities and who would like a
greater understanding of the faith.

14_Marshall_Vol1_Ch13_p157-p176.indd 157 1/16/2009 5:40:11 PM

 158 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

OVERVIEW OF ISLAMIC FAITH

Islam is a monotheistic, Abrahamic faith and is the world’s second largest
religion after Christianity. The adherents of Islam are called Muslims, and
there are an estimated 1.2 billion Muslims today, with some estimates even
higher (Rauf, 2003). In Arabic, the word Islam means “submission to will of
God” and has the same linguistic root as the Arabic word for peace. Accord-
ing to Muslims, Islam is not a new religion but rather a continuation of the
truth that God (in Arabic, Allah) revealed to all of His prophets, beginning
with Adam and including Abraham, Ishmael, Isaac, Moses, Jesus, and the last
messenger, Muhammad, who reaffirmed and finalized the eternal message.
As a sign of reverence to these prophets of God, Muslims follow any mention
of their names with, “May peace be upon them.”
Muslims follow the divine revelations that God sent down to Muhammad
through the angel Gabriel between the years 610 to 632 CE in the cities of
Mecca and Medina, found in present-day Saudi Arabia. Muhammad, an or-
phan, came from the prominent tribe of Quraysh, which had helped Mecca
become a major commercial, cultural, and religious center in the Middle
East. Arabia at the time of Muhammad was overwhelmingly tribal, and
notions of honor, heritage, and revenge were dominant (Hallaq, 2005). In
contrast to the tribal authority, several of the first revelations given to Mu-
hammad advocated for an egalitarianism system in which all human beings are
seen as created equal before one God. All people from all nations are bound
together into one body—a worldwide community known as the ummah.
The revelations also emphasized the importance of fulfilling the needs of the
underprivileged segments of society, which included slaves, orphans, and the
poor, and granted women unparalleled rights such as rights to own property,
earn an income, participate in the political process, and marry according to
one’s choice. One of the central messages of Islam was that every human
being would be held accountable for their beliefs and actions on the day of
judgment, when their eternal fate—Heaven or Hell—would be determined
by the Lord.
The divine revelations of Islam are recorded in the Muslim holy book, the
Qur’an, which consists of 114 chapters. The Qur’an is recorded in classical
Arabic, the language spoken by Muhammad and his companions. According
to Muslims, the Qur’an presents a universal message that transcends both
time and place, and its text has been preserved absolutely since revelation,
transmitted both textually and orally via memorization (Al-Faruqi & Al-
Faruqi, 1986). Muslims turn to the Qur’an as the primary source of infor-
mation about religious duties as religious laws related to family life, business
relationships, and crime.
As explicated in the Qur’an, the essence of Islam is the concept of tawhi-d,
the belief in the one and only God. Tawhīd ensures that Muslims believe that
God is one, without partners; He is absolute, transcendent, lord of all the
worlds, and the creator of all animate and inanimate matter ranging from the
atomic to the macroscopic (Al-Faruqi & Al-Faruqi, 1986). A Muslim’s con-
firmation of tawhīd and affirmation that Muhammad is the last prophet con-
stitutes one of the five main pillars of Islam: the declaration of faith known

14_Marshall_Vol1_Ch13_p157-p176.indd 158 1/16/2009 5:40:11 PM

 DISABILITY IN ISLAM 159

as Shaha-dah. The other pillars of Islam include Zaka-t, the charitable giving
of 2.5 percent of one’s wealth annually; Sala-t, the five daily ritual prayers;
Sawm, the daily fasting from sunrise to sunset during the Islamic lunar month
of Ramadan; and Hajj, the pilgrimage to Mecca once during a lifetime for
those who are physically or financially able. All of these five pillars of Islam
help Muslims purify their souls, remain obedient to God, and participate in
communal life.
The five pillars of Islam are described in the Qur’an, with more detailed
information about implementing these practices obtained from the Sunnah.
The Sunnah, which refers to the practices and deeds of Muhammad, is thus
the second source of Islamic law. Every unit or narrative of the Sunnah that
-
conveys a recorded report about the prophet is called a hadi th (plural: aha--
- -
di th). The purpose of aha-di th is to clarify the Qur’an’s pronouncements and
-
exemplify and illustrate its purposes (Al-Faruqi & Al-Faruqi, 1986). Aha-dith
were collected by Muhammad’s companions and later verified by Islamic
legal scholars subsequent to the death of Muhammad in 632.
-
To aid in interpreting the Qur’an and aha-dith on various topics, Muslim jurists
also have used the tools of qiya-s (analogy) and ijma-’ (consensus). The resulting
jurisprudence is called fiqh (Hallaq, 2005). Four major schools of jurisprudence
(named after their respective founding jurists: Hanafi, Malaki, Shafi’i, Hanbali)
emerged in the classical Islamic period and survive until today. Together, they
feature pluralistic interpretations on some issues of religious and civil life. In this
respect, Islamic law is different than the common law or civil law systems found
in Europe and North America, as it is more of a “scholarly discourse” than a
“uniform and unequivocal formulation of the law” (Peters, 2005, p. 1).

DISABILITY TERMINOLOGY
Defining disability, as the English-speaking world currently considers the
term, has proven troublesome for those creating laws or policies throughout
history. In the United States, the general definition of disability comes from
the preeminent legislation on the subject, the Americans with Disabilities Act
(ADA) of 1990, which defines a disability as:

1. a physical or mental impairment that substantially limits one or more of

the major life activities [e.g., speaking, walking, hearing],
2. a record of such an impairment, or
3. being regarded as having such an impairment. (as cited in Rothstein &
Rothstein, 2006, p. 38)

In contrast, the Arabic terminology governing Islamic law, both classical

and contemporary, generally lacks such a broad and encompassing term for
disability. Moreover, the classical sources of Islamic law, namely, the Qur’an1
-
and aha-di th,2 do not identify one particular term to encompass the impair-
ments associated with the general notion of disability. Instead, these sources
use specific terms for describing various individuals with disabilities, includ-
ing the blind (a’ma-), deaf (asamm), mute (abkam or akhras), lame (a’raj),
or insane (majnūn) (Bazna & Hatab, 2005; Rispler-Chaim, 2007). Classical

14_Marshall_Vol1_Ch13_p157-p176.indd 159 1/16/2009 5:40:11 PM

 160 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

sources, particularly the Qur’an and aha-di-th, do contain several generalized

adjectives to describe disadvantaged individuals, including orphan (yateem),
- -
weak (da’i f), oppressed (mustad’af), traveling (‘ala safar or ibn us-sabi l),
- - -
indigent (miski n), sick (mari d), and needy (faqi r).
Both sets of terms—those that refer to specific individuals and those that
refer to classes of individuals—emerged in the classical sources within several
contexts including excusing certain individuals from religious duties (e.g.,
Qur’an 24:61), using a metaphorical likening of spiritual transgressions or
deficiencies to physical deficiencies (e.g., Qur’an 2:17–18), encouraging
people to serve the disadvantaged segments of society (e.g., Qur’an 4:75), or
providing a statement of equality.
It is worth noting, however, that while classical sources—the Qur’an,
-
aha-di th, as well as fiqh (jurisprudence)—may not have used an Arabic equiva-
lent to the English disability, there is some indication that the broader group
terms mentioned above overlapped to include various individuals with disabil-
-
ities. Specifically, the Arabic term mari d, which would literally be translated
as “ill” or “individual with an illness,” and its noun form marad (illness) are
often used in the classical sources as broad class terms that include individuals
and conditions that today would fall under the umbrella of disability, such as
paralysis or amputation. An example of this categorization in the Qur’an can
be found in 24:61: “There is no blame on the . . . sick” (Ali, 1992, p. 885).
-
One hadi th example is: “If anyone of you leads people in prayer, he should
shorten it for amongst them are the weak, the sick and the old” (Hadith al-
-
Bukhari, 1:11:671). The words mari d and marad are frequently mentioned
in books of fiqh in descriptions of the various religious duties, such as fasting,
praying, and completing the Hajj pilgrimage.
Contemporary Arabic law and literature in the Muslim world, in contrast,
utilizes broader terms, such as as-ha-b ul-’ahat, dhawul ‘ahat, mu’awwaqūn,
or ‘a-jizūn, to refer to individuals with disabilities in a manner similar to the
English usage (Rispler-Chaim, 2007). These terms are derived from the Ara-
bic roots for words such as defect, limitation, difficulty, inability, or weakness.
The term mu’awwaqūn, for example, refers to individuals somehow limited
in their physical or mental ability—very similar to the English phrase “men-
tally or physically challenged”—and is commonly used in legal treatises on
the subject in the Muslim world (Rispler-Chaim, 2007).
Two conclusions about the Islamic perspective on disability emerge from
this discussion of disability terminology in the legal sources of Islam. First,
the lack of a term comparable with disability in the classical Islamic sources
affirms the moral neutrality and normalcy of disability as a fact of life. There
is no stigma or evil associated with any term to describe individuals with dis-
abilities. Indeed, the words used are entirely descriptive. Moreover, whereas
the English term disability contains an explicit denotation of “lacking abil-
ity” and is laced with a negative connotation, the classical Arabic words do
not contain an indication of “absence,” thereby avoiding the creation of an
implicit norm that excludes disability. Second, the classical sources recognize
disability in the context of both individual condition and social disadvantage,
using the relevant terms in discussion of individual rights as well as obliga-
tions of societal responsibility and service.

14_Marshall_Vol1_Ch13_p157-p176.indd 160 1/16/2009 5:40:11 PM

 DISABILITY IN ISLAM 161

HISTORICAL PERCEPTIONS OF
PEOPLE WITH DISABILITIES
Tto provide some context for our discussion of the Islamic view on dis-
ability, we present a brief review of the historical perceptions of individuals
with disabilities across cultures and religions. Scholars who have researched
this issue in depth have found that although the ways in which disability has
been viewed have varied with time and place and have been deeply rooted in
social, cultural, and economic context, common themes have persisted. The
most common reaction, however, has been an unwavering perception of dis-
ability as difference, which has frequently led to negative feelings toward and
discrimination against individuals with disabilities.
Covey (1998) found that societies have commonly looked at people with
disabilities in the following ways: as subhuman or animal-like, supernatural or
gifted, ugly, evil, meriting pity or charity, entertaining, indigent, depressed,
child-like, dependent, sexually hyperactive, damaged, less socially acceptable,
and socially deviant. They have also been perceived to be scapegoats, burdens,
and liabilities to their societies. Covey also found several common explana-
tions for disability throughout history, including disability as a punishment
from God for sin, a result of witchcraft and magic, a result of violence and
accidents, the consequence of negative maternal feelings or parental miscon-
duct during pregnancy, a hybridization of humans and evil spirits or animals,
a normal side effect of a process of aging or decay, and a product of astrologi-
cal influences. Covey writes that the common theme that emerged from his
analysis was one of misunderstanding and stereotypes of disability.
Scholars have also recognized certain common elements in perceptions
of disability in Judeo-Christian and secular histories. In terms of religious
history, individuals with disabilities were often restricted from participat-
ing in religious life due to several perceptions among the Judeo-Christian
religious establishment. Rose (1997, p. 397) found four such perceptions,
namely, “disability as sign of punishment or evil incarnation; disability as
challenge to divine perfection; disability as object of pity and charity; and
disability as incompetence and exemption from religious practice.” Particu-
larly because of a belief in disability as a sort of impurity, an accompanying
emphasis was on separating the “pure” (i.e., the spiritual and holy) from
the “impure” and a view of disability as something to be cured rather than
accepted. Therefore, those with disabilities were often excluded from reli-
gious participation and religious institutions, objectified as burdens on oth-
ers, and restricted from partaking in everyday life activities (Covey, 1998;
Rose, 1997; Selway & Ashman, 1998; Stiker, 1982/1999). A biblical pas-
sage, Leviticus 21:17–24, that was used in support of these propositions is
the following:

And the Lord spoke unto Moses saying: Speak unto Aaron saying: Whosoever
be of thy seed throughout their generations that hath a blemish, let him not
approach to offer the bread of his God . . . A blind man, or a lame or he who
hath anything maimed or anything too long . . . crookbacked or dwarf . . . he
shall not go to the veil nor go nigh unto the altar because he hath a blemish;
that he profane not My Holy places. (cited in Rose, 1997, p. 395)

14_Marshall_Vol1_Ch13_p157-p176.indd 161 1/16/2009 5:40:11 PM

 162 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

The prejudices against disability that were grounded in the Judeo-Christian

context served to inform another set of prejudices in the wider, secular so-
ciety. Although the concepts of integration and compassion arose after the
coming of the New Testament, an implicit assumption of marginality among
individuals with disabilities continued to exist because the social norm of
“able-bodied-ness” never faded (Stiker, 1982/1999). Barnes (1996, p. 57)
argued that the “cultural oppression” of individuals with disabilities lies in
the “myth of bodily and intellectual perfection of the ‘able-bodied’ ideal”
that is rooted in Euro-American traditions. Similarly, the ethic of charity that
gathered popularity in the 14th century objectified disabled individuals as
the means to salvation for healthy, rich individuals, who again served as the
norm (Stiker, 1982/1999). Even the 20th-century rhetoric of sameness and
rehabilitation hampered thinking about differences when contemplating full
integration because it, too, imposed a norm and treated disability as abnor-
mal (Stiker, 1982/1999). Stiker asserted that no single Euro-American so-
ciety has recognized disability as simply a natural difference in the human
condition—a reality, not an abnormality.

ISLAMIC VIEWS ON HEALTH,

ILLNESS, AND DISABILITY
As noted earlier, positions on disability are almost always informed by
beliefs about the origins of health and disease. As such, a discussion of the
Islamic legal position on disability should begin by examining the Islamic un-
derstanding of health and disease. In Islam, the source of health, disease, and
recovery is God. Disease is not caused by evil spirits or astrological forces, as
was commonly believed in pre-Islamic Arabia and in other cultures through-
out history (Rispler-Chaim, 2007). Nor is disease seen as a type of punishment
from God. As a result, those afflicted with disease are not to be stigmatized,
rejected as impure, or deemed evil. Instead, disease in Islam is viewed as a
natural part of the health continuum. It is always described in Islamic law as
a “matter of fact” (Rispler-Chaim, 2007, p. 93).
Although health is definitely viewed in Islam as part of God’s benevolence,
it is not guaranteed for any specific individual. Disease may befall an indi-
vidual, and such an occurrence is viewed as a trial from God. Disease is also
viewed as having a redeeming quality in that it may serve as a spiritual cleans-
ing. As Rispler-Chaim (2007) noted, “Health and sickness become part of
the continuum of being, and prayer remains the salvation in both health and
sickness . . . [Yet] It is never proclaimed that the disease is predestined by
[God] so that the ill Muslim has an opportunity to repent, or that the disease
is a way of punishment for certain sins” (p. 7). Indeed, the Islamic tradition
recognizes the power of spiritual cures (i.e., prayer, for physiological ailments
as well as spiritual ones).
The Islamic notion that illness—whether temporary or permanent—is not
only natural but also spiritually redeeming (not debasing) finds support in
numerous classical sources. In one hadi-th, for example, Muhammad stated,
“No fatigue, no disease, nor sorrow, nor sadness, nor hurt, nor distress befalls

14_Marshall_Vol1_Ch13_p157-p176.indd 162 1/16/2009 5:40:11 PM

 DISABILITY IN ISLAM 163

a Muslim, even if it were a prick he receives from a thorn, but that Allah expi-
ates some of his sins for that” (Hadith Al-Bukhari, 7:75:5641). In another
hadi-th, the prophet recounted that God said, “If I deprive my slave of his
two beloved things (i.e., his eyes) and he remains patient, I will let him enter
Paradise in compensation for them” (Hadith Al-Bukhari, 7:75:5653)
In the Qur’an, the sick person (mari-d) is excused from certain religious
duties that are required of a healthy Muslim, and these verses are joined with
a discussion of the same duties for the healthy counterparts (e.g., Qur’an
48:16–17). Some verses in the Qur’an expressly dispel the notion that dis-
abled people are “impure” or “evil” and thus must be segregated (Qur’an
24:61 and 80:1–9). Similarly, the portions of fiqh that describe the duties
of Muslims and relevant legal precepts also inevitably address these areas for
those who are sick. Such juxtapositions reveal that sickness is as natural and
normal an occurrence as health. This perception is emphasized in the numer-
ous aha- di-th that show everyday interactions between Muhammad and indi-
viduals with illnesses and disabilities, including blindness, deafness, leprosy,
epilepsy, lameness, and muteness (Miles, 2002). In examining the aha- di-th,
the redeeming qualities of illness, as well as of supporting and visiting the ill,
become clear. In one hadi-th, the prophet says that those who die from illness
are martyrs (Hadith al-Bukhari, 4:52:82). In another, the prophet relates the
following:

Verily God will say on the Day of Judgment, “O children of Adam! I was sick
and ye did not visit Me.” And the sons of Adam will say, “O our defender, how
could we visit Thee? For Thou art the Lord of the Universe, and art free from
sickness.” And God will say, “O men! such a one was sick and you did not visit
him.” (as cited in Al-Mamun, 1999, p. 197)

From this discussion on the perceptions of health and illness in Islam, we

can extrapolate one preliminary but powerful conclusion about Islam’s view
of disability: it is a normal and morally neutral aspect of the human condi-
tion. This perception is quite unlike several of the common social and cultural
perceptions of disability throughout history, as discussed earlier. Not only is
disability not an abnormality among humans, it is also not a sign of evilness
or impurity. Instead, like disease and health, disability is simply one element
in a natural continuum of well-being for humans.

DISABILITY IN ISLAMIC LAW AND

EARLY ISLAMIC SOCIETY
Themes in the Qur’an
We begin our examination of disability in Islamic law with a discussion
of the general perspectives on disability that arise from themes within the
Qur’an. We have identified five themes through an intimate examination of
the text of the Qur’an and of its exegesis (tafsi-r) by Islamic scholars. The
first of these themes is the concept of the normalcy of ill health and disabil-
ity described in the last section. The four other themes are the normalcy of

14_Marshall_Vol1_Ch13_p157-p176.indd 163 1/16/2009 5:40:11 PM

 164 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

difference, accountability as contingent on ability, physical characteristics as

morally irrelevant, and an emphasis on health promotion.
In Islam, the normalcy of difference (the second theme) is one of the most
basic precepts of human existence. This idea is laid out plainly in the follow-
ing verse of the Qur’an:

O mankind! We created you from a single (pair) of a male and a female, and
made you into nations and tribes, that ye may know each other (not that ye
may despise each other). Verily the most honoured of you in the sight of Allah
is (he who is) the most righteous of you. And [God] has full knowledge and is
well-acquainted (with all things) (49:13). (Ali, 1992, pp. 1342–1343)

This verse outlines the common origin of all human beings, the central hu-
manity that unites all individuals as a result of this commonality, the normalcy
of difference as a fact of existence, the purpose of difference as uniting people
in mutual understanding, and the proper standard of human evaluation as
spiritual (not physical or mental) excellence. As Bazna and Hatab (2005)
note, this verse comes after a set of verses that emphasize respecting the dig-
nity of others, which suggests that the “equality of biological origin should be
reflected in the equality of the human dignity common to all” (p. 12).
Another passage—one of several similar verses—that discusses the nor-
malcy of difference is the following:

Seest thou not that [God] sends down rain from the sky? With it We then bring
out produce of various colours. And in the mountains are tracts white and red,
of various shades of colour, and black intense in hue. And so amongst men and
crawling creatures and cattle, are they are of various colours. Those who truly
fear [God], among His Servants, who have knowledge; for [God] is Exalted in
Might, Oft-Forgiving (Qur’an 35:27–28). (Ali, 1992, pp. 1109–1110)

Thus, not only is difference an essential quality of human existence, it is

also similarly natural for the broader world of creation.
The idea that difference in human conditions is a normal fact of life is
further emphasized by the third Qur’anic theme, that accountability and re-
sponsibility are contingent on ability. One of the most famous verses of the
Qur’an states, “On no soul doth [God] place a burden greater than it can
bear” (2:286) (Ali, 1992, p. 120). In Islam, the magnitude of and account-
ability for one’s obligations and duties are measured by one’s ability. This stan-
dard applies in religious, legal, and civic contexts. For example, the amount
of money that one gives in zaka- t is measured as a percentage of one’s saved
wealth, which acknowledges the varying degrees of wealth that people have.
The following partial verse illustrates this example: “Let the man of means
spend according to his means: and the man whose resources are restricted,
let him spend according to what [God] has given him. [God] puts no burden
on any person beyond what He has given him” (Qur’an 65:7) (Ali, 1992,
p. 1486). Similarly, if someone is unable to complete a required fast during
the month of Ramadan, he or she may make up this obligation in an al-
ternative manner (Qur’an 2:184). The fact that standards differ with ability
supports the earlier conclusion that difference is seen as natural in Islam.

14_Marshall_Vol1_Ch13_p157-p176.indd 164 1/16/2009 5:40:11 PM

 DISABILITY IN ISLAM 165

The notion that variety and differences are a natural aspect of the human
condition is consistent with the fourth Qur’anic theme that physical ability
and characteristics are morally irrelevant. Put differently, there is a decisive
emphasis on internal piety in Islam, especially in the context of human evalu-
ation. Part of a Qur’anic verse previously quoted states, “Verily the most
honoured of you in the sight of [God] is (he who is) the most righteous of
you” (Qur’an 49:13) (Ali, 1992, p. 1343). A hadi-th of the prophet similarly
relays, “God does not judge you according to your bodies and appearances,
but He looks into your hearts and observes your deeds” (as cited in Bazna
& Hatab, 2005, p. 12). Both of these citations illustrate that it is spiritual,
not physical or mental, excellence that is the proper standard of judgment of
human beings.
Although illness and variability in physical appearance may be viewed as
natural in Islam, a fifth theme from the Qur’an emphasizes health promo-
tion. Part of the reason that those who are sick or otherwise unable to per-
form certain duties are excused from doing so is because such performance
may worsen their health. Islam emphasizes the protection and maintenance
of health, which involves also the prevention of ill health. For example, the
Qur’anic dietary commands require an individual to consume food that is
beneficial, not harmful, to the body (2:168). One conclusion that can be
drawn from this theme is that to the extent that disabilities can be prevented,
society and individuals must take measures to do so. Another major conclu-
sion is that people should not grow weaker or more ill from obeying God’s
commandments, since Islam is a religion of ease, not hardship, as the Qur’an
states in 22:78.

Rights and Responsibilities of People with Disabilities

The five Qur’anic themes underlie Islamic law in terms of rights and re-
sponsibilities of people with disabilities. For example, Muslims with disabilities
are not to be punished for their conditions, and religious duties are tailored
to their abilities. These concepts are apparent when discussing ritual pillars of
Islam (such as prayer, fasting, and Hajj), criminal law, and employment.
Ritual prayer (sala- t) is one of the major daily duties of a Muslim. These five
daily prayers involve a set of prerequisite conditions as well as certain physical
and mental actions. Thus, for some with disabilities, prayer may prove dif-
ficult or impossible, and therefore religious accommodations or exemptions
are provided. For example, one of the prerequisites of prayer is cleanliness,
or taha-rah. Before each prayer, Muslims must be in a state of purity, attained
through wudu-’ (ablution). Wudu-’ involves a systematic cleaning with water
of certain body parts, such as the hands, face, arms, and feet. Because sanity is
a requirement for the completion of wudu-’ and other religious duties, those
who are unconscious or with severe intellectual impairments (e.g., from men-
tal retardation) are not responsible for these rituals. For those who may not
be able to use water, using sand or dust in the symbolic manner known as
tayammum is the recommended substitute. Islamic law also recognizes that
wudu-’ may be modified for those individuals who have connected fingers, a
superfluous hand or foot, or superfluous skin (Rispler-Chaim, 2007).

14_Marshall_Vol1_Ch13_p157-p176.indd 165 1/16/2009 5:40:11 PM

 166 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

The various ways in which wudu-’ can be voided also have implications
for Muslims with disabilities. These ways include passing gas, urinating or
defecating, certain types of bleeding and vomiting, sleeping, and losing con-
sciousness. For individuals who have health reasons that make it difficult to
maintain purity (e.g., suffering from urinary incontinence, intestinal condi-
tions, or lack of control over certain organs), the general procedure is to
take precautions to treat or allay the condition, contain or stop the flow of
discharge if applicable and possible, or, if none of these is feasible, to continue
with the prayer and ignore the discharge (Rispler-Chaim, 2007). These ex-
ceptions revisit the theme of responsibility contingent on ability, which was
discussed in the previous section.
The Muslim prayer itself involves a number of physical movements—
including bowing, sitting, and prostrating—the requirement of which may
be relaxed for people who cannot perform them. Prayer in the Qur’an is not
equated with or confined to one physical position or the other. Rather, the
Qur’an explicitly states that remembrance of God can occur while “stand-
ing, sitting, or while lying on [one’s] side” (3:191). Still, individuals who
are able to stand while in prayer should, while those who are unable should
do what they can, in the following hierarchy of preferences: leaning against a
support, sitting, lying on one side, or using one’s head and eyes to mark the
prayer—in all cases ensuring that the prostration is deeper than the bowing
(Al-Marghinani, 2006; Rispler-Chaim, 2007).
Similar principles apply to the duty of fasting. Obligatory fasts are imposed
during the month of Ramadan. The Qur’an explicitly prescribes fasting and
exempts certain people from the obligation, including those who are ill or
traveling. The exemption for the sick also applies to individuals with disabili-
ties who are unable to fast. If the inability lasts only part of the month of Ra-
madan, the person should make up the fasts afterward. Those who are never
able to fast or whose health condition may worsen by fasting should not fast,
and should instead either feed the poor for each missed day or donate charity
of the same value (Al-Marghinani, 2006; Rispler-Chaim, 2007).
Another pillar of Islam, the Hajj pilgrimage, offers exemptions for those
individuals who are unable to meet the physical requirements of the journey.
Hajj is required only for those who are able to undertake it, according to the
Qur’an (3:96–97). Some individuals with disabilities may be able to complete
the Hajj without much difficulty, such as those who are blind and have a
guide. Others may not be able to and are thus exempt. Some schools of Islamic
law claim a requirement on those with sufficient financial means to send some-
one to complete the Hajj in their stead. For those disabilities that arise during
the course of Hajj, the affected person should excuse him- or herself from
the Hajj and send an animal for sacrifice (Rispler-Chaim, 2007). The general
idea that emerges from the Islamic legal perspective on Hajj, as Rispler-Chaim
(2007) noted, is that disability per se or requiring assistance does not prevent
one from executing the duty so long as the person is “conscious and aware of
the import of the rituals and holiness of time and place” (p. 36).
In addition to the pillars of Islam, there are numerous other areas in Islamic
law in which individuals with disabilities have affirmative rights. For example,
these individuals have a recognized right to public service and public spaces.

14_Marshall_Vol1_Ch13_p157-p176.indd 166 1/16/2009 5:40:11 PM

 DISABILITY IN ISLAM 167

Disability also does not bar anyone from the right to marriage, and only a
select few disabilities that prevent major marital functions or are contagious
or dangerous in some way may suffice as reasons to prevent or terminate a
marriage (Rispler-Chaim, 2007).
In the area of Islamic criminal law, offenders with disabilities may have
certain rights on account of their disability. There are three requirements for
the application of punishment: will, knowledge, and intent. That is, to be
punishable by law, “the offender must have had the power to commit or not
to commit the act (qudra); he must have known (‘ilm) that the act was an of-
fence; and he must have acted with intent (qasd)” (Peters, 2005). As a result
of this theory of mens rea (guilty mind), individuals who are insane or whose
disabilities render them unaware of their deeds are not held liable.
On the question of whether Islamic law affords individuals with disabilities
legal protection against discrimination in the employment context—which is
a predominant concern in European and North American disability law—we
can look to the general Qur’anic themes of normalcy and equality, specific
historical illustrations related to fairness in opportunity, and modern religious
edicts on this issue. We have already seen that in terms of strictly religious
opportunities, if an individual with a disability is able to perform a duty, he or
she has the right and responsibility to do so regardless of the presence of dis-
ability. The same attitude of nondiscrimination in opportunity has a presence
in nonreligious contexts as well throughout Islamic history. Numerous con-
temporaries and companions at the time of the prophet who had disabilities
were appointed to leadership positions and political offices, fought in battles,
led political and military campaigns, and were religious scholars. These ex-
amples are cited in modern rulings and studies in the Muslim world that
assert the irrelevance of disability in determining whether an otherwise ca-
pable candidate can be employed in a given position (Rispler-Chaim, 2007).
Al-Jahiz (1990), a famous medieval Muslim scholar, wrote that disabilities do
not prevent qualified individuals from participating in religious society, being
employed, and holding important offices.

Obligations on the Community

Although Islam grants legal rights and opportunities to individuals with
disabilities, it also imposes obligations on communities in relation to these in-
dividuals. Through an examination of Islamic law, we identified three themes
that are implicated in this discussion: equity in treatment, social welfare, and
disability as a human rights issue. The first theme, equity in treatment, deals
with the subject of interpersonal ethics in Islam as they relate to individuals
with disability. As described in the Qur’an and Sunnah, individuals with dis-
abilities must not be dismissed or denigrated on account of their disabilities.
A popular story in the Qur’an describes how the prophet himself was re-
proached for turning away from a blind man who had interrupted him during
an important meeting with the chiefs of Mecca. The message of this story
(which is contained in chapter 80) is one advocating the ethical treatment of
all individuals, the judgment of individuals based on internal (i.e., nonphysi-
cal) characteristics, and nondiscrimination on the basis of ability or strength.

14_Marshall_Vol1_Ch13_p157-p176.indd 167 1/16/2009 5:40:12 PM

 168 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

Indeed, the blind man in this story went on to be appointed as a governor

and commander in various military expeditions, as noted by Al-Basit (as cited
in Rispler-Chaim, 2007, p. 132).
In addition to maintaining ethical interpersonal relations, the community
also has a duty to maintain social welfare. Islam’s zaka- t system is the foremost
economic welfare system in Islamic law and represents a legal duty among
Muslims to care for the economically disadvantaged. The purpose of zaka- t is
to ensure that the basic needs of every member of society are met in a sustain-
able fashion. Jurists agree that individuals with disabilities who are unable to
earn a living are mandatory recipients of zaka- t funds, and Al-Basit specifically
mentions that zaka- t funds should also be used to create professional train-
ing programs and employment opportunities for these persons (Al-Kawthari,
2005; Al-Basit as cited in Rispler-Chaim, 2007, p. 133). Throughout Islamic
history, governments have borne the responsibility of dispersing these funds
as well as provided public services, such as treatment and housing facilities for
the disabled, through its charitable endowment (Al-Basit as cited in Rispler-
Chaim, 2007, p. 133).
Islamic law also mandates material care for individuals with disabilities
beyond any economic needs. Al-Basit noted the existence of a fard kifa- ya—
communal obligation—to care for individuals with disabilities, which means
that those who can and do perform such care can fulfill this duty on behalf
of the entire community (as cited in Rispler-Chaim, 2007, p. 132). This duty
has historically been fulfilled in Muslim societies through the presence of
hospitals, homes, and social service centers for individuals with disabilities as
well as through the provision of financial aid, aides, guides, and interpreters
by the state or other relevant agency. For example, a recent fatwa (legal edict)
by the grand imam of Al-Azhar University in Cairo, Muhammad Sayyid Tan-
tawi, required that an interpreter be present at all Friday sermons to sign the
sermon’s content to the audience (as cited in Rispler-Chaim, 2007, p. 24).
Thus, in both an economic and a material care sense, Islamic law holds the
community as a whole responsible for ensuring the welfare of members with
disabilities.
The final theme implicated in this discussion is that of disability as a human
rights issue. Islam makes clear that all humans share a common element—
humanity—which entitles them be treated with equality and dignity, whether
at an individual, interpersonal level, or at a larger, social welfare level (Al-
Basit, as cited in Rispler-Chaim, 2007, p. 125). This commitment provides
the basis for the provisions already discussed.

Historical Applications of Islamic Law

Against a legal backdrop affording rights to individuals with disabilities
while obliging communities to contribute to the physical and financial well-
being of segments of society in need, it would seem only fitting that the
historical treatment of people in Islamic society who have disabilities would
be generally marked with tolerance and humanity. A full review of this treat-
ment is beyond the scope of this chapter, but a few general historical trends
deserve mention.

14_Marshall_Vol1_Ch13_p157-p176.indd 168 1/16/2009 5:40:12 PM

 DISABILITY IN ISLAM 169

The first trend showcases the level of integration of disability into Muslim
society. This trend reinforces the theme of normalcy that we already dis-
cussed extensively. Numerous authors and scholars, for example, have taken
up the topic of disability in major legal and nonlegal works since the time of
Muhammad. The first known writer on disability in medieval Islamic history
was Al-Haytham bin Adiyy, who died in 821 (Ghaly, 2006). Other medieval
writers on disability include Al-Jahiz (d. 868) who wrote explicitly on the
normalcy and moral neutrality of disability, Khalil ibn Aybak al-Safadi (d.
1361) who wrote a biographical dictionary of blind luminaries, and Ali ibn
Sultan Muhammad Qari al-Harawi (d. 1606) who wrote a short treatise on
attitudes to blindness in the Qur’an and aha- di-th (Scalenghe, 2005). Through
these writings there emerges a distinct corroboration of the concept that dis-
ability is a normal facet of life; is in no way a mark of evil, disgrace, or inferior-
ity; and should not impede anyone from everyday participation in society.
Scalenghe’s (2005) case study of deaf individuals in the Ottoman Empire
(16th–18th centuries) illustrates the integration trend as well. Several notable
scholars and political figures were deaf, including Ibn al Farfu- r (a jurist) and
Riya- di al-Utrush al-Ru- mi (a judge). There is also evidence of the use of sign
language in Ottoman courts (Miles, 2002). Scalenghe (2005) also noted the
existence of numerous juristic rulings in Ottoman Syria enumerating the re-
ligious obligations of deaf and mute individuals and explicitly affirming the
use of signs in contractual matters such as marriage and the permissibility of
those with speech defects to lead prayer.
Such legal rulings establishing the religious and civil rights of persons with
disabilities reveal a second historical trend: a progressive outlook on the part
of Muslim legal scholars and jurists. Building on the attitudes of the Qur’an
-
and aha- dith that distinguished Islam from its neighboring civilizations, these
legal rulings touched on topics such as marriage, contracts, and property
rights, affording individuals with disabilities affirmative rights in each of these
areas (Miles, 2002). They also pronounce a duty to care for in-need segments
of society, which may include individuals with disabilities. This duty to care
is a third historical trend in Islamic history, as was discussed in the previous
subsection.

CONTEMPORARY OVERVIEW OF
DISABILITY IN MUSLIM COUNTRIES
Our discussion of Islam’s view of disability concludes with an overview of
the contemporary conditions of individuals with disabilities living in Mus-
lim countries. (We refer to countries with majority Muslim populations and
Muslim leadership as Muslim countries; these countries are located primarily
in Asia, the Middle East, and Africa.) Although we have seen a marked open-
mindedness, progressiveness, and humanity characterizing the Islamic legal
conception of disability throughout history, the circumstances in the Mus-
lim countries unfortunately generally do not uphold this religious standard.
Indeed, many Muslims worldwide possess negative views of disability as a
reflection of punishment or sinfulness. Although these views have no basis in

14_Marshall_Vol1_Ch13_p157-p176.indd 169 1/16/2009 5:40:12 PM

 170 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

Islam, as we have noted, they often guide the ill treatment of individuals with
disabilities in certain societies. Still, as we will see, numerous steps on the part
of religious and political leaders and well as civil organizations demonstrate
a developing commitment to improving the conditions of individuals with
disabilities in line with Islamic principles.

Today’s Challenges
Most Muslim countries today would be considered by any economic analy-
sis to be developing. Prevalent political turmoil and civil conflict coupled with
an underdeveloped infrastructure means that in most contexts, the practical
realities facing individuals with disabilities differs vastly from the traditional
Islamic views. These traditional views dictate how Muslim communities must
take responsibility for their disabled citizens and are reflected in many con-
temporary fatwas and laws, which hold Muslim countries accountable for
ensuring that their citizens with disabilities have equal rights. Yet modern
technology, disparities in wealth and knowledge, and complex sociopolitical
systems have made it difficult to bridge the gap between what is understood
as Islamically correct and what is realistically feasible for Muslim countries to
implement.
The socioeconomic situations of Muslim countries have significant impli-
cations for those with disabilities. The proportion of disability in the develop-
ing and Muslim countries caused by communicable, maternal, and perinatal
diseases, for example, is higher than in developed nations (Elwan, 1999).
Compounding these causes of disability, many Islamic nations have been
faced with some form of conflict over the past several decades and these
conflicts have created a population of disabled veterans and civilians injured
during wartime or through postwar accidents. In many instances, the high
burden of war-based disability has forced governments to create services for
the disabled (Turmusani, 2003). Poverty has left many families with dis-
abilities, such as visual or hearing impairment from otherwise preventable
causes (Williams, 2001). It is estimated that there are 25 million deaf and
hard-of-hearing Muslims around the world, with as many as 2 million in
Egypt alone (Rispler-Chaim, 2007). Such a high occurrence of disease and
disability, much of it preventable, makes it difficult for Muslim societies with
limited resources and infrastructure to address disability needs and awareness
in a meaningful way.
Another roadblock to effective disability policy and practice in Muslim
countries comes in the form of negative or apathetic social attitudes toward
disability. Even in the face of contrary evidence in Islamic theology, some
assumptions about disability in Muslim countries are that disability is “he-
reditary” or that “mothers are fundamentally culpable” (Crabtree, 2007, p.
53). This attitude toward disability is heavily steeped in culture but over time
has mistakenly justified itself in religious terms, leading to a misinformed
religious basis for the social stigma surrounding disability. It is possible that
the lower levels of education and literacy in the Muslim world contribute
to the lack of acceptance and understanding of disabilities and to a sense of
hopelessness as to the unavailability of treatment and support systems for the

14_Marshall_Vol1_Ch13_p157-p176.indd 170 1/16/2009 5:40:12 PM

 DISABILITY IN ISLAM 171

disabled. Hasnain, Shaikh, and Shanawani (2008) described the variety of

beliefs, stigmas, and stereotypes surrounding disability in Muslim countries,
including a belief that curses or evil spirits cause disability; pity, hostility, and
fear toward individuals with disabilities; a commitment to keeping children
with disabilities at home; less acceptance of cognitive or mental disorders than
of physical impairments; and a view of disability as a cause for shame. However,
Hasnain et al. also noted the variety in Muslim attitudes toward disability, with
some Muslims espousing a view of disability as punishment and others firmly
rejecting this view in favor of a more scientific, optimistic, or objective view.
In Pakistan’s North West Frontier Province (NWFP), a study of public
perceptions found that people tended to feel that their individual attitudes
toward disability were more advanced and compassionate than the attitudes
of the general public. However, individuals with disabilities in the same re-
gion described public attitudes as less accepting of disability (Miles, 1983). It
is plausible that the general public in this region is less aware of the impact of
their attitudes toward the disabled person than could reasonably be expected
of them; if this perception were true, it would be ample evidence of the lack
of education and understanding surrounding disability in that part of the
world. For disabled people in the NWFP, and most likely in other areas of
Pakistan, the public perception of disabilities is an important social barrier to
gaining respect, and thus access to services, in the community.
In addition to challenges related to social perceptions, there are also sub-
stantial infrastructural challenges that hinder disability accommodation and
outreach in Muslim countries. Much of the responsibility for care for the
disabled in these countries rests on the shoulders of the family (Williams,
2001), which in the developing world is a financial burden that many fami-
lies cannot accommodate. Beyond the care provided by the families, there is
little government-instituted infrastructure to assist individuals and families
in dealing with permanently disabled people, with the majority of services
that do exist being offered to disabled military veterans only. Individuals
with disabilities in these countries tend not to attend school or receive
job training unless they are wealthy and can afford the expensive support
systems available within their country or can import them from more de-
veloped countries. Wealthier families can afford to purchase Braille materials,
wheelchairs, talking computers, personal support workers, and other special
services (Williams, 2001).
If there is care available to the nonwealthy disabled people outside of the
home, it often comes in the form of nongovernmental organizations funded
by more developed countries. The importance of these organizations can-
not be understated as they often provide the sole point of care for many
who would otherwise receive none. However, they too bring some chal-
lenges; often these organizations are faith-based, and the care they provide
is grounded in Euro-American medicals models that fail to take into account
the cultural context of disability in the region (Turmusani, 2003).
There is no doubt a need for stronger national responses and more sup-
port for local grassroots efforts to address the needs of disabled people in
an internally driven, culturally and religiously competent, and government-
sponsored fashion. Such efforts will help shift a prevalent, current belief that

14_Marshall_Vol1_Ch13_p157-p176.indd 171 1/16/2009 5:40:12 PM

 172 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

people with disabilities need to be sheltered because they cannot have a pro-
ductive future. One study in Saudi Arabia found that depression among visu-
ally impaired boys was almost twice that of boys who were hard of hearing
(Abolfotouh & Telmesani, 1993). This finding suggests that the psychosocial
impact of blindness in countries with lower levels of infrastructure may be
related to the resultant dependency on others. Thus, a major focus of current
efforts should be to support autonomy, allowing people with disabilities to
function for themselves in the ways they desire.
Gender also plays a role in fostering disparate treatment among individuals
with disabilities. A Palestinian study found that men who had been disabled
via their involvement in the conflicts surrounding the events of the Intifada
(uprising) were revered as heroes, and the public perception of their disabili-
ties was improved. However, women with disabilities were seen as second-
class citizens, leaving many women in the dark when pursuing social support
for their conditions (Turmusani, 2001). The existence of such gender dis-
parities signals that the disparate treatment of individuals with disabilities can
be compounded further by one’s social status.
Another infrastructure problem facing Muslim countries is the pressing
need for better statistical data on disabilities in the Islamic world. Without
more complete and accurate data, the true extent of disabilities affecting the
population cannot be ascertained, and policy makers will have a difficult time
designing effective programs and laws concerning disability needs. In addi-
tion, by improving the collection of statistics on disability, service providers
can identify strengths and weaknesses of current services to better design
and focus future efforts. In the developing world, the need for better data is
magnified by the fact that the disabilities are often downplayed by families
and societal institutions due to the cultural stigma that surrounds them (Tur-
musani, 2003). This, in turn, muddles the understanding of disability in the
country as a whole. The data that do exist in Muslim countries is mostly of
poor quality, poor comparability to other data sets, and limited applicability
to the population (Eide & Loeb, 2005). Moreover, the majority of research-
ers collecting data are academics who have little connection to policy makers
or government, and there is limited collaboration among them to standard-
ize data collection across regions or conditions. Finally, few data collection
instruments take into account the cultural context of disability in develop-
ing and Muslim countries, making it difficult to utilize existing instruments
in any effective and meaningful way. One exception to this general trend is
the growing use in several Muslim countries of the common Ten Questions
screening instrument, which detects disability and has a high cross-cultural
success rate (Eide & Loeb, 2005).

Moving Forward
Although many Muslim countries may be simply too poor, too apathetic,
or too occupied with other problems to devote the necessary attention to
policies regarding disability, some are showing definite signs of progress in
developing services for people with disabilities. India, having experienced
staggering economic growth and stability in the past two decades, has begun

14_Marshall_Vol1_Ch13_p157-p176.indd 172 1/16/2009 5:40:12 PM

 DISABILITY IN ISLAM 173

to turn efforts toward social policies and has opened rehabilitation centers
throughout the country for those with physical disabilities (Williams, 2001).
Other more developed countries, such as Turkey, have also been augment-
ing the level of infrastructure available to people with disabilities. Though
the opportunities are still fairly limited, the quantity and quality of schools,
services, support, and parental education for families with children with dis-
abilities has grown significantly (Akkök, 1994). Countries including Saudi
Arabia, Qatar, and Egypt have been in the process of developing a systematic
social institution to assist individuals with disabilities (Hasnain et al., 2008).
Some countries have also shown tremendous legal progressivism for several
decades, with jurists, scholars, and policy makers writing fatwas, articles, and
policies, respectively, related to social awareness and provisions for individuals
with disabilities. In terms of fatwas, there have been numerous and specific
declarations of the rights of individuals to various resources. For example,
scholars have declared that mosques ought to be equipped with interpreters
to assist hearing-impaired individuals in understanding the Friday sermon.
In Egypt, after a disability advocacy group made the suggestion, a fatwa was
issued allowing the use of sign language interpreters in mosques, under the
reasoning that no Muslim who seeks knowledge should be left uninformed
or uneducated. On June 30, 2000, the first sermon using a sign language in-
terpreter was given, and those in attendance reported exuberant sensations at
finally being able to understand what was being said (Rispler-Chaim, 2007).
A similar fatwa was passed in Turkey in 2003, on which sign language inter-
preters were introduced into mosques there as well (Albayrak, 2003).
Another fatwa, this time issued by the Shariat Council of the United King-
dom, passed a ruling in 2002 allowing seeing-eye dogs in Muslim businesses
and for use by visually impaired Muslims, reasoning that although dogs are
not permitted in the home for cleanliness reasons, they are allowed if they
contribute to a person’s safety, as in the case of seeing-eye dogs (Disability
Rights Commission, 2002). Although Muslims often prefer not to keep dogs
in the house, either as pets or as work animals, the proliferation and increas-
ing effectiveness of seeing-eye dogs during the latter part of the 20th century
brought about this legal ruling.
Jurists have also commented on social attitudes in regard to disability. A
1997 fatwa by a Saudi Arabian jurist responded to a question pertaining to
parents who tended to hide their disabled child from people and avoided tak-
ing the child to social gatherings. The jurist declared that such behavior was
a mistake and that parents should bring their child out in public, unless this
act imposed undue hardship (as cited in Rispler-Chaim, 2007, p. 98).
Contemporary scholarly works on the Islamic view of disability as well as
on the obligations of Muslim societies toward their disabled citizens have
also been on the rise in the past few decades. Al-Basit’s study, discussed ear-
lier, was published out of Israel in 2000 and discusses the rights of disabled
individuals as well as the society’s obligations to these individuals, touch-
ing on topics such as preventive medicine, social attitudes toward disability,
physical accommodation, and economic assistance (as cited in Rispler-Chaim,
2007, pp. 123–134). Numerous other scholarly works are referenced in this
chapter.

14_Marshall_Vol1_Ch13_p157-p176.indd 173 1/16/2009 5:40:12 PM

 174 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

Policy makers in various Muslim countries have taken Islam’s affirmative

rights for individuals with disabilities and converted them into forms of ac-
commodation. In the area of religious rights, modern accommodations for
disabled people such as ramps, curb cuts, designated parking, and architec-
tural considerations have been included in mosques in Mecca, important
mosques around the world, and at newer mosques.
Modern medical advancements have changed the conditions of what a
person with a disability is capable of achieving, and the advent of artificial
limbs has added to Muslims’ ability to complete Hajj. A fatwa was passed
determining that Hajj with an artificial limb is indeed valid, and while previ-
ously an individual who lacked limbs would not have been required to com-
plete Hajj, someone with an artificial limb is obligated to do so. Another
fatwa passed regarding disabilities and Hajj pertains to the use of hernia belts.
During Hajj, one is to wear only white sheets, and no seams are allowed on
one’s clothing. The issue of hernia belts arose because these belts fall outside
the permissible garments. However, because a hernia belt assists someone
striving to complete the Hajj and is worn strictly for medical purposes, it was
deemed allowable to wear them, including ones with seams (Rispler-Chaim,
2007).
Another Muslim duty—zaka- t—has also been used as a policy to assist those
with disabilities. This annual financial contribution from each Muslim offers
funds for social services. In Pakistan, the alms are distributed according to the
needs of the receiving population, and some of the collected amount is put
toward the development of education for those who would otherwise have
little or no access. Zaka- t collected for impoverished students was traditionally
limited toward food, soap, clothing, and textbooks. However, in 1980, Zaka- t
funds were used to hire a special education teacher at a school for disabled
children (Miles, 1995).
Finally, Muslim decision makers have also exerted effort to assist those
with disabilities. In an effort to increase the widescale applicability of Is-
lamic philosophies in a modern context, the Universal Islamic Declaration of
Human Rights (UIDHR) was drafted in 1980, resembling in many ways
the Universal Declaration of Human Rights created by the United Nations
(Rispler-Chaim, 2007). The UIDHR includes provisions applicable to people
with disabilities and was seen as a watershed moment for those advocating for
human rights in the Islamic world. Like various domestic policies mentioned,
the UIDHR is a facial and practical articulation of support for individuals
with disabilities.

CONCLUSION
Through a review of Islam’s primary and legal sources—the Qur’an, aha- -
di-th, and fiqh—this chapter has provided insight on a fairly esoteric subject:
the Islamic view of disability. Against a global historical backdrop that has
often featured negative views of disability and alienation of individuals with
disability, the Islamic philosophy of disability is humane, equitable, broad-
minded, and progressive (Rispler-Chaim, 2007). Themes in Islam emphasize

14_Marshall_Vol1_Ch13_p157-p176.indd 174 1/16/2009 5:40:12 PM

 DISABILITY IN ISLAM 175

the normalcy and moral irrelevance of difference and disability, as well as

the affirmative rights given to those with disabilities. There are community
obligations to assist persons with disabilities. However, in Muslim countries
today there is much work to be done in the area of disability needs and aware-
ness, despite significant progress that has been made in recent decades.

NOTES
1. References to the Qur’an are in the format of chapter:verse.
2. References to hadi-th are in the format of volume:book:number.

REFERENCES
Abolfotouh, M. A., & Telmesani, A. (1993). A study of some psycho-social charac-
teristics of blind and deaf male students in Abha City, Asir Region, Saudi Arabia.
Public Health, 107, 261–269.
Akkök, F. (1994). An overview of parent training and counseling with the parents of
children with mental disabilities and autism in Turkey. International Journal for
the Advancement of Counseling, 17, 129–138.
Albayrak, M. (2003). Hearing-impaired listen to Friday sermon in sign language.
Retrieved February 12, 2008, from www.deaftoday.com/news/2003/05/
hearingimpaired_8.html.
Al-Faruqi, I. R., & Al-Faruqi, L. L. (1986). The cultural atlas of Islam. New York:
Macmillan.
Ali, A. Y. (1992). The meaning of the holy Qur’an. Beltsville, MD: Amana.
Al-Jahiz, A. (1990). Al-Bursan wal urjan wa umyan wa hulan. Beirut: Dar ul Jeel.
Al-Kawthari, M. A. (2005). Fiqh of financially supporting one’s parents and other
relatives. Retrieved February 5, 2008, from qa.sunnipath.com/issue_view.
asp?HD=12&ID=3458&CATE=212.
Al-Mamun, A. (1999). Al-Suhrawardy. Secaucus, NJ: Citadel Press.
Al-Marghinani, B. (2006). Al-Hidayah: The guidance. I. A. Nyaze (Trans.). Bristol:
Amal Press.
Barnes, C. (1996). Theories of disability and the origins of the oppression of disabled
people in Western society. In L. Barton (Ed.), Disability and society: Emerging
issues and insights (pp. 56–57). New York: Pearson Education.
Bazna, M., & Hatab, T. (2005). Disability in the Qur’an: The Islamic alternative to
defining, viewing and relating to disability. Journal of Religion, Disability and
Health, 9(1), 5–27.
Covey, H. C. (1998). Social perceptions of people with disabilities in history. Springfield,
IL: Thomas.
Crabtree, S. A. (2007). Family responses to the social inclusion of children with de-
velopmental disabilities in the United Arab Emirates. Disability & Society, 22(1),
49–62.
Disability Rights Commission. (2002). No ban on guide dogs under Islamic law.
Stratford-upon-Avon: Author.
Eide, A. H., & Loeb, M. E. (2005). Data and stats on disability in developing coun-
tries. Disability Knowledge and Research, July.
Elwan, A. (1999). Poverty and disability: A survey of the literature. Social protection
discussion paper series no. 9932. Washington, DC: World Bank.
Ghaly, M. I. (2006). Writings on disability in Islam: The 16th century polemic on Ibn
Fahd’s al-Nukat al-Ziraf. Arab Studies Journal, 13(2)–14(1), 9–38.

14_Marshall_Vol1_Ch13_p157-p176.indd 175 1/16/2009 5:40:12 PM

 176 THE EXPERIENCE: DEFINITIONS, CAUSES, AND CONSEQUENCES

Hadith al-Bukhari (n.d.). Translation of Sahih Bukhari. M. M. Khan (Trans.). Re-

trieved February 19, 2008, from www.usc.edu/dept/MSA/fundamentals/
hadithsunnah/bukhari.
Hallaq, W. (2005). The origins and evolution of Islamic law. New York: Cambridge
University Press.
Hasnain, R., Shaikh, L. C., & Shanawani, H. (2008). Disability and the Muslim per-
spective: An introduction for rehabilitation and health care providers. Retrieved
June 6, 2008, from cirrie.buffalo.edu/monographs/muslim.pdf.
Miles, M. (1983). Attitudes towards persons with disabilities following IYDP (1981):
With suggestions for promoting positive change. Peshawar, Pakistan: National
Council of Social Welfare.
Miles, M. (1995). Disability in an Eastern religious context: Historical perspectives.
Disability & Society, 10(1), 49–69.
Miles, M. (2002). Some historical texts on disability in the classical Muslim world.
Journal of Disability & Health, 6(2/3), 77–88.
Peters, R. (2005). Crime and punishment in Islamic law: Theory and practice from the
sixteenth to the twenty-first century. New York: Cambridge University Press.
Rauf, F. A. (2003). What’s right with Islam. New York: Harper San Francisco.
Rispler-Chaim, V. (2007). Disability in Islamic law. Dordrecht: Springer.
Rose, A. (1997). Who causes the blind to see?: Disability and quality of religious life.
Disability & Society, 12(3), 395–405.
Rothstein, L., & Rothstein, J. (2006). Disabilities and the law (3rd ed.). St. Paul,
MN: Thomson/ West.
Scalenghe, S. (2005). The deaf in Ottoman Syria, 16th-18th Centuries. Arab Studies
Journal, 12(2)–13(1), 10–25.
Selway, D., & Ashman, A. F. (1998). Disability, religion and health: A literature re-
view in search of spiritual dimensions of disability. Disability & Society, 13(3),
429–439.
Stiker, H. J. (1982/2000). A history of disability. W. Sayers (Trans.). Ann Arbor:
University of Michigan Press.
Turmusani, M. (2001). Disabled women in Islam: Middle Eastern perspective. Jour-
nal of Religion, Disability & Health, 5(2/3), 73–85.
Turmusani, M. (2003). Disabled people and economic needs in the developing world: A
political perspective from Jordan. Aldershot: Ashgate.
Williams, J. M. (2001). Muslims say disabled people need better treatment in their
countries. Retrieved February 9, 2008, from nod.org/index.cfm?fuseaction=page.
viewPage&PageID=468&C:\CFusionMX7\verity\Data\dummy.txt.

14_Marshall_Vol1_Ch13_p157-p176.indd 176 1/16/2009 5:40:12 PM

View publication stats