Islamic Medical Ethics
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Islamic bioethics, or Islamic
medical ethics Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. T ...
, ( ar, الأخلاق الطبية ''al-akhlaq al-tibbiyyah'') refers to Islamic guidance on ethical or
moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. A ...
issues relating to medical and scientific fields, in particular, those dealing with human life.Shomali, Mohammad Ali. "Islamic Bioethics: A General Scheme." Journal of Medical Ethics and History of Medicine. 1.1 (2008): 3.


Introduction

In Islam, human life is regarded as an invaluable gift from God, and should therefore be both respected and protected.Younis, Huda. "Islamic Bioethics." O&G Winter 2008: 24. This is evident in many
Qur’an The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing.: ...
ic verses or '' ayat'', one of the most important being:
"if anyone slays a human being, unless it be n punishmentfor murder or spreading corruption on earth, it shall be as though he had slain all mankind; whereas, if anyone saves a life, it shall be as though he had saved the lives of all mankind."(Qur’an 5:32)
It is this verse which has ultimately fueled the interest in Islamic bioethics and within it exist two basic principles which ensure that the sanctity of human life is preserved: # Saving a life is obligatory. # Unjustified taking of a life is classified as
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
and, thus, forbidden. Though
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s recognize and maintain that Allah is the ultimate source of life (Qur’an 2:258), the Qur’an illustrates that God has instilled in them
reason Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, ...
,
free will Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actio ...
, the ability to distinguish between what is morally acceptable and what is unacceptable (Qur’an 91:8) while also supplying the provisions of nature (Qur’an 45:13). With these things, Muslims are held responsible for maintaining health and preventing illness. In the event that illness occurs, Muslims are obliged to seek medical treatment in a manner which is Islamically appropriate and permissible.


Sources

The fundamental basis of Islamic bioethics is that all rulings and actions must fall into accordance with Islamic law ( shari’a) and
Islamic ethics Islamic ethics (أخلاق إسلامية) is the "philosophical reflection upon moral conduct" with a view to defining "good character" and attaining the "pleasure of God" (''raza-e Ilahi''). It is distinguished from "Islamic morality", which per ...
. By evaluating bioethical issues from and ethical and legal standpoint, jurists can issue decrees or
fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist i ...
s regarding the permissibility of the pertaining subject. Any rule that has not been explicitly outlined in the religious texts or formulated from them by jurists is referred to as bid‘ah (innovation) and, therefore, is haram (impermissible). For this reason, all medical procedures and treatments, as well as conduct between patient and medical professional must be legitimized by the sources of Islamic law, * Qur’an, *
Hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
or
Sunnah In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
*
Ijtihad ''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a le ...
** In
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
Islam, ijtihad includes
qiyas In Islamic jurisprudence, qiyas ( ar, قياس , "analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new ...
(analogy),
ijma ''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur ...
(consensus),
maslaha Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah ( Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic Wo ...
(public welfare) and ‘
urf ( ar, العرف) is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, must be compatible with the Sharia law.H. Patrick Glenn, ''Legal Traditions of the World''. Oxfor ...
(customary practice) ** In
Shi’a Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, mos ...
Islam it is composed solely of al-
'aql ‘Aql ( ar, عقل, meaning "intellect"), is an Arabic language term used in Islamic philosophy or theology for the intellect or the rational faculty of the soul or mind. It is the normal translation of the Greek term ''nous''. In jurisprudence, ...
(reason)


Principles

Principles of
bioethics Bioethics is both a field of study and professional practice, interested in ethical issues related to health (primarily focused on the human, but also increasingly includes animal ethics), including those emerging from advances in biology, med ...
in the Western world were first developed and outlined by two American philosophers and bioethicists,
Tom Beauchamp Tom Lamar Beauchamp (born 1939) is an American philosopher specializing in the work of David Hume, moral philosophy, bioethics, and animal ethics. He is Professor Emeritus of Philosophy at Georgetown University, where he was Senior Research Schola ...
and James F. Childress, in their book, ''Principles of Biomedical Ethics''. The concept of bioethical principles has since been regarded as a purely “Western” innovation which is absent in the Islamic health care system. These bioethical principles:
autonomy In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
,
beneficence Beneficence may refer to: * Beneficence (hip-hop artist) * Beneficence, a synonym for philanthropy * Beneficence (ethics), a concept in medical ethics * Beneficence (statue), a statue at Ball State University * Procreative beneficence * Order of ...
,
non-maleficence ' () is a Latin phrase that means "first, do no harm". The phrase is sometimes recorded as '. Non-maleficence, which is derived from the maxim, is one of the principal precepts of bioethics that all students in healthcare are taught in school a ...
and
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
have been legitimized by Muslims jurists as falling into the sphere of Islamic law and have also been supported by Qur’anic verses (Qur'an 3:104, 16:90 and 17:70). They have subsequently become the foundational spirit underlying the ''Oath of the Muslim Doctor'
Islamset-Islamic Ethics-Islamic Code of Medical Ethics-The Oath of the Doctor
and, thus, dictate the conduct between a Muslim physician and his or her patient.


Authority

Formulations of rulings on bioethical issues in the Islamic context generally arise due to some form of deliberation between medical professionals and religious authority who have been recognized as most qualified individuals of location or time period. After being approached by health care officials, a member of the religious authority ( mufti) may then consult the religious texts and determine whether or not a specific issue is obligatory ( wajib/ fard), recommended ( mustahabb), neutral ( mubah), discouraged ( makruh) or forbidden ( haram).


Modernity

As health care and science have progressed over time, and the Muslim population has also increased to over one billion adherents over every continent on the globe, there have been increasingly prevalent circumstances for the evaluation of technological applications and bioethical issues to determine how they fit into the Islamic sphere. As a result, larger bodies of Islamic committees have been formed to address issues at hand. National Committees of Medical Ethics/Bioethics have been formed in many
Islamic countries The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. In ...
which work together with
ulema In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
to issue fatwas ensuring that neither the progress of medical science is hindered, nor the Islamic code of
bioethics Bioethics is both a field of study and professional practice, interested in ethical issues related to health (primarily focused on the human, but also increasingly includes animal ethics), including those emerging from advances in biology, med ...
is jeopardized. The importance of Islamic law (sharia’) is so heavily valued that each issue is looked at independently and subsequently deemed permissible or impermissible. Specific issues addressed in the modern scientific era include
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
,
fertility treatment Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), cryopreservation of gametes ...
s,
family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...
,
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eut ...
, genetic research, cloning,
stem cell research In multicellular organisms, stem cells are undifferentiated or partially differentiated cells that can differentiate into various types of cells and proliferate indefinitely to produce more of the same stem cell. They are the earliest type o ...
among many other issues.


Islamic Medical and Scientific Ethics Project

Th
Islamic Medical and Scientific Ethics (IMSE) Project
is a multinational effort to produce a comprehensive collection of Islamic bioethics resources. Project staff members at two
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
libraries, the Bioethics Research Library (Washington) and the School of Foreign Service-Qatar Library (Doha), have already compiled over 1,000 relevant written works into the IMSE Special Collection and have entered them into the searchable IMSE Database. The IMSE Project is funded by the
Qatar National Research Fund Qatar Foundation established Qatar National Research Fund (QNRF) in 2006 as part of its ongoing commitment to establish Qatar as a knowledge-based economy. Qatar Foundation views research as essential to national and regional growth; as the means ...
(QNRF), a member of the
Qatar Foundation for Education, Science and Community Development Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it sha ...
.http://www.qnrf.org/nl/research_news/index.php?ELEMEID=1646


Notes


References

{{Cite book , title = The Qur'an , publisher = Abulqasim Publishing House , location = Riyadh , year = 1997 , pages = 1–941 , isbn = 9960-792-63-3 Bioethics Islam and science Islamic ethics Philosophy of science