Islamic Bioethics

The following sections are included:

• Contents
• Contributors
• Preface

When discussing “Islamic ethics” it is imperative to begin by defining and describing both the terminology and the sources of ethics (al-akhlāq). The structure of the ethical notions in the Islamic context needs to be understood from within as well as through the evolution of what is commonly called “the Islamic sciences.” This definition and identification is critical especially when our focus is on applied ethics. In Islam, ethics should be studied in relation to law and jurisprudence (fiqh), philosophy– theology (kalām, falsafah) as well as mysticism (tasawwuf). Drawing only on Islamic jurisprudence (fiqh), for example, when addressing a complex bioethical issue, may direct the analysis away from important foundational ethical discussions and fail to include Islamic philosophical and spiritual, as well as cultural, considerations.

This chapter reviews the sources of Islamic ethics as well as the methodologies used in the development of the field. Concurrently, it also examines the relationship between ethics and jurisprudence in dealing with bioethical issues.

A quarter of the world’s population are Muslims. For many Muslims either living in Muslim countries or in non-Muslim countries, religious law is a major factor in healthcare decision-making and has traditionally provided the foundation for policy development. Recently, in Islamic countries, bioethics, as an academic discipline, has been gaining more attention in medicine, law and Islamic jurisprudence. With the increasing interest in Islamic bioethics, many Islamic countries have developed programs to build capacity to deal with bioethical issues in the Islamic context.

As a religious-based bioethics, Islamic bioethics collaborates closely with Islamic jurisprudence in ethical deliberations that guide human action, resolve ethical dilemmas, and make significant recommendations for healthcare providers, policy-makers as well as the public.

This chapter describes existing bioethics resources as well as initiatives in developing Islamic bioethics capacity in Muslim societies.

In the era of globalisation and multiculturalism, participation of Islamic bioethics in a dialogue with other religious-based bioethics is crucial. Such a dialogue within a rigorous examination of comparative religious ethics would help scholars in the field share their concerns as well as practical solutions for bioethical dilemmas.

This chapter presents five commentaries from renowned Muslim, Christian, and Jewish bioethicists responding to the question: what does Islamic bioethics offer to global bioethics? Each author thoughtfully examines this question based on his or her own cultural and religious background. Each commentary elaborates on the importance of Islamic bioethics in contemporary bioethics; how it contributes to global bioethics; what new concepts it offers; as well as what can be learned. This chapter provides a platform for a multi-faith bioethics dialogue with the aim of better understanding Islamic bioethics.

This chapter examines how various Islamic discourses assert and challenge normative claims about gender and sexuality. In the limited space assigned for this chapter, a comprehensive examination of these issues is impossible. Instead, it focuses on what are, in my opinion, some of the key problematic assumptions, dominant (and dominating) paradigms and under-developed principles that are invoked in discussions of gender and sexuality as they pertain to Islamic bioethics. This will necessarily involve, at times, a historical examination of how particular legal concepts and structures developed.

The physician–patient relationship constitutes one of the foundations of contemporary medical ethics. It is the cornerstone of the practice of medicine and essential for delivering high-quality healthcare. In the current era, financial targets, sophisticated diagnostics, media, and widespread access to the internet, all distract from the central, human interaction between a physician and patient. This chapter reviews some of the critical elements in a trusting relationship, such as obtaining informed consent; protecting confidentiality; respecting cultural norms and modesty; and breaking bad news. To establish a good therapeutic relationship, the physician’s communication skills are very critical and aid in developing a culturally sensitive understanding of the patient’s values and wishes. Formal training to develop communication skills and in breaking bad news is strongly encouraged.

Death of the vast majority of human beings is still being determined upon the cessation of heartbeat and respiration. A body that becomes lifeless is in no position to breathe nor can it move. In other words it does not manifest any of the signs of life. However, modern biotechnological innovation has made it possible for patients with head injuries, for example, who are unable to breathe on their own, to do so by means of a ventilator. It is in such cases that the problem of determining the moment of death arises. Muslim scholars have always been concerned about ascertaining the end of human life because of the worldly and religious consequences that follow the pronouncement of death.

This chapter includes the insights of Muslim scholars on the moment of death and the retrieval of organs from brainstem-dead patients. Additionally, the opinions of some prominent Muslim jurists, both for and against the issue of utilizing human organs, are explored together with guidelines proposed by Muslim jurists based on the original sources of Islam, namely, the Qur’an and Sunna (Prophetic tradition) as well Islamic juridical principles. Furthermore, this chapter also makes reference to resolutions taken by the various Islamic Juridical Academies on this issue and the validity of including organ donation in one’s will.

Rapid technological developments in human embryonic stem cell research hold promises of future new medical treatment for a range of currently incurable chronic diseases. At the same time, stem cell research using human embryos raises radically new, previously unimaginable, ethical issues which pose a dramatic challenge to humankind. By analyzing the discourses on these ethical issues, this chapter argues that the cultural values and religious convictions of all stakeholders involved play a decisive role in formulating ethical positions. In the Islamic world too, stem cell research using human embryos provokes new discussions about the moral status of the embryo according to Islamic ethical norms. This chapter describes the theological and philosophical criteria applied in this debate and discusses some ethical positions vis-à-vis embryonic stem cell research formulated in the Islamic world, including official regulations existing in some Muslim countries.

Muslims constitute one quarter of the earth’s population and there are possibilities that Muslims can contribute to alleviate the environmental crisis currently faced. One important element of the transformational process is reaffirming the understanding among Muslims themselves of the value of nature or the environment. In Islam, nature caters to the spiritual and material needs of mankind. In the Qur’anic perspective, humans are created to serve the Creator which actually means to serve the highest good for oneself, the community, and the environment. This perspective is part of the foundation of Islamic environmental ethics. The attitude of gratitude or having the predisposition of being grateful (shakur) is also the basis for an environmentally moral stand. Based on these Islamic teachings, a Muslim is able to focus on his goal of resisting extremes in worldly temptations which often translate into environmentally wasteful and exploitative habits. In Islam, nature has its own order and functions (fitrah) that work naturally within ecosystems wherein the components are mutually dependent on each other. Any single disturbance will affect the balance (mizan) of the greater system and cause harm (fasad) to at least one or more components. To sustain the balance is a core principle of Islamic worldviews, which is to preserve and sustain the wellbeing of nature and to bring peace to its inhabitants. Such sustaining principles are enshrined in the philosophy of the objective of the Islamic law (maqasid al-shariah) and are explained in the Qur’an and hadith, the primary sources of guidance for Muslims. The scientific and/or empirical knowledge of the “what and how” of nature, as well as clarification of the responsibilities that humans have regarding the nature, are critical for the enforcement of Islamic environmental ethics.

In Islam, there are numerous ethical recommendations regarding the proper treatment of animals. These recommendations are not purely based on human sentiments, or on utilitarian purposes, or on any financial benefits from the use of animals. Rather these recommendations are founded on the sanctity of animal life and the inherent rights of animals. These recommendations should be regarded as God’s order to protect animals’ physical rights and specifically to prohibit physical and psychological harassment of animals. In Islamic societies it is important to take Islamic points of view into account while using animals in medical sciences and research. Accordingly, while working with laboratory animals it is important to keep the following goals in mind: using the least number of animals; providing all appropriate care for animals, even animals that are dying; minimizing animal suffering and psychological abuse; as well as giving priority to safety and animal welfare. To assist in achieving these goals, regulations as well as legislation are necessary to ensure respect for the rights of laboratory animals. This chapter presents an Islamic perspective on animal rights and discusses some of the possible regulatory frameworks for the use of animals for research and education in biomedicine.

This chapter will present an overview of why it is necessary to consider biomedical research ethics from the Islamic/Muslim perspective, in settings where Muslims may form a substantial proportion of the research participants or the researchers conducting trials. It will present a brief history of the historical and contemporary relevance of research ethics within the global bioethical discourse. The chapter will then offer a summary of the debates and themes relevant to biomedical research ethics from the Islamic perspective, emphasizing that this is currently an understudied area. Finally, the chapter will briefly provide a synopsis of a larger piece of research being carried out on this area by presenting the key considerations from an empirical study that assesses how Islam and its normative sources influence ethical decision-making, within the context of biomedical research, in Malaysia and Iran. This case study of female participants and research relating to intimate and domestic partner violence is a prism through which the importance of considering an Islamic perspective in biomedical research will be viewed. Islamic ethico-legal debates relating to wilayah, qiwammah, ta’ah and nushuz will be explained in relation to women’s participation in research. The chapter will conclude by reflecting on the evolving role of Islamic scholarship on debates relating to gender justice in Islam and the emerging role of female scholars. Finally the chapter will highlight the existing challenges and questions that need to be addressed, from within the Islamic bioethics discourse, for the latter discourse to be responsive to emerging ethical complexities of biomedical research.

Bioethical dilemmas and challenges in Islamic countries vary significantly, and different topics receive different amount of attention by the academics, public, governments as well as media.

With advances in scientific knowledge, there are many emerging challenges in bioethics particularly in Islamic societies that are committed to faith-based solutions for those dilemmas.

The concept of Islamic bioethics is contested, and there is controversy how to characterize Islamic bioethics. By examining the concept and methodology of Islamic bioethics, this chapter presents several challenges in developing Islamic bioethics, such as the issue of principlism in Islamic bioethics; the relationship between ethics, law, and fatwa; the lack of public awareness and participation; as well as human rights in Islamic bioethics.

The following sections are included:

• Index
• About the Editors