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The emergence of the theory of maqāṣid al-sharīʿa as a legal theory, which is a purposive approach to the law in which the main purposes of the law are considered as deriving elements of the legal rulings, has occurred in a particular socio-political and cultural context for the Shīʿa and within a particular epistemological construction. Given the lack of a historical reading of Shīʿī jurisprudence and the limitations of the methodological approaches which have to date been employed, this research applies a holistic approach. “The Bahbahānian paradigm” is identified as the overarching epistemological paradigm in modern and contemporary Shīʿī jurisprudence. The Bahbahanian paradigm was formed during the eighteenth and nineteenth centuries and is arguably characterised as being a combination of Aristotelian epistemologically, formalist methodologically and soft utilitarianism. Within this paradigm in the context of the twentieth century, maqāṣid al-sharīʿa emerged in Shīʿī thought, especially in its systematic and comprehensive theorisation by Muḥammad Taqī al-Mudarrisī - a contemporary Shīʿī scholar. The introduction of the maqāṣid al-sharīʿa approach represents a paradigm shift that departs epistemologically, methodologically and functionally from the Bahbahānian paradigm. Mudarrisī’s maqāṣid al-sharīʿa paradigm is characterized as pragmatic epistemologically, more accessible and dynamic methodologically and employing a virtue ethic. Mudarrisī’s maqāṣid al-sharīʿa reflects the eclipse of the quietist character of the previous paradigm and the ambition of the contemporary Shīʿī religious institution. This ambition comprises a more significant role in the public sphere, which is embodied in the application or renewal of the sharīʿa in reality on one hand, and confronting the systematical secularization of the modern nation-state of the public sphere on the other. Mudarrisī’s version of maqāṣid al-sharīʿa is obligated to challenge three intellectual enterprises; that is, the classical Shīʿī jurisprudential reasoning by embracing hermeneutical tools which are more accessible to religious knowledge; the Sunnī soft utilitarian maqāṣidī approaches by providing virtue ethical jurisprudence; and the secular nation-state by providing a flexible legal system.

In my thesis I deal with the issue: What is allowed and what is forbidden in nursing an Islamic believer. I have chosen this topic because it is a very interesting and topical issue. In the Czech Republic area great changes in terms of the population composition have occurred recently. The number of foreigners of various cultural backgrounds, religions and custom practice has increased and thus the need of multicultural nursing has risen. Therefore it is necessary to find out if we are ready to care for patients who are Islamic believers. The number of Islamic believers in our country is growing constantly and they are not only tourists and foreigners but also Czech converts. Due to the extensive and comprehensive character of the issue the theoretical section of the thesis was divided into three parts. The introduction is focused on basic information on multicultural nursing. The transcultural model of nursing by Gigerova and Davidhizarova was used both for a special part of the theory and in the research part for developing the processual standard. The second part in focused on general information on Islam, i.e. on the history of the origination of the religion, its history in our country and on the principles of Islam. The special and most substantial part is dedicated to nursing specifics in the care for these patients, such as food, hygiene, family life, the issue of life saving interventions and the issue of death. On the basis of the model mentioned above nursing evaluation was carried out. In the practical section four objectives were stated: to learn nurses´ knowledge of the issue, to examine the conditions in hospitals in terms of nursing care for Islam believers, to find out if the attitude of the medical staff is influenced by prejudice against Islamic believers and to establish nursing standards in the care for Islam believers. The objectives were stated under assumption that nurses in the South Moravian region are better informed than nurses in the South Bohemian region and conditions in South Moravian hospitals are better adapted to the needs of nursing care for Islamic believers. The other assumption were that nurses´ attitude to care for Islamic believers is influenced by prejudice and also that the nursing standard development is considered to be benefiting for providing these patients with a complex nursing care. The research was conducted in the South Bohemian and South Moravian regions by using questionnaires handed out to nurses. I can say that the objectives were achieved, the first three hypotheses were not confirmed and the fourth, relating to the benefit of the nursing standard, was confirmed.