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Aids - Related Social Problems - An Islamic Perspective

AG00029_.gif (4339 bytes) Recommendations

Recommendations of the Seventh Islamic-Medical Seminar on:

" AIDS-related social problems - an Islamic perspective"
held in Kuwait during 23-25 Jumada al-Akhirah 1414 AH,corresponding to 6-8 December 1993

The Islamic Organisation for Medical Sciences (IOMS) is happy to report the resumption of its activities in various fields and the continuation of the discharge of its responsibilities as defined in its constitution. The IOMS was forced to interrupt its work as a result of the destruction caused to its headquarters during the Iraqi invasion and occupation of Kuwait.

It is with God's help that the IOMS has been able to resume its work. The unflinching support the IOMS has received from His Highness the Emir of the State of Kuwait, His Highness the

Heir Apparent and Prime Minister, the government of Kuwait and the Ministry of Health, has been invaluable. The Seventh Islamic-Medical Seminar, held in Kuwait, marks the resumption of the IOMS programme. The Seminar was held to focus on the issue of:

"AIDS-related social problems -an Islamic perspective" The seminar was organised in co-operation with the Kuwaiti Ministry of Health, the Supreme Council for Islamic Fiqh, Jeddah, and the World Health Organisation Regional Office in Alexandria. It was held during the period 23 - 25 Jumada al-Akhirah 1414 AH, corresponding to 6- 8 December 1993, under the auspices of His Highness Sheikh Jabir al-Ahmad al-Sabah, the Emir of the State of Kuwait.

The seminar was attended by more that 130 Islamic scholars, medical practitioners and scientists, representing more than 23 countries.

The inaugural session was held at the Grand Hall at the IOMS headquarters at the al-Marzooq Islamic Medical Centre. It was attended by sev- era! state officials and ambassadors and a large number of dignitaries interested in Islamic and medical affairs. The session was opened with reci- tation from the Quran, followed by the speech of His Highness the Emir, read on his behalf by His Excellency Dr Abdul Wahhab Sulayman al-Fawzan, the Kuwaiti Minister of Health. This was followed by the speech of the Secretary General of the Supreme Council for Islamic Fiqh, Jeddah, Dr Mo- hammad al-Habeeb bel-Khojah. The seminar also heard a speech on behalf of the World Health Organisation, given by Dr Mohammad Haytham al- Khayyat. The session was concluded by a speech given by IOMS Chairman, Dr Abdur-Rahman Abdullah al-'Awadhi.

Members of the IOMS Board of Trustees and several participants had the honour of being received by His Highness the Emir of Kuwait and His Highness the Heir Apparent and Prime Minister. A number of guests gave short speeches during the audience with His Highness, praising the achieve- ments of the IOMS during the last years, They had also applauded the support His Highness had extended to the IOMS and the co-operation of the Kuwait Ministry of Health in supporting its work.

The Seminar resumed its subsequent sessions at the Meridian hotel, and these focused on two main themes:

I. Medical aspects of AIDS: its causes, risks and scope.

II. The Islamic view relating to the following:

1. Isolation of AIDS sufferers.

2. Deliberate transmission of AIDS.

3. Rights and obligations of AIDS infected married spouses:

a) Abortion for AIDS infected mothers.

b) Nursing of AIDS healthy babies of infected mothers

c) The right of a healthy spouse to separation.

d) The right of an AIDS infected spouse to sexual intercourse.

4. AIDS as a terminal disease.

After three days of deliberations, the Seminar, in its closing session, held at the Islamic Medical Centre, passed the following resolutions and re- commendations:

I. Isolation of AIDS patients:

Available medical evidence shows that infection with the virus causing Acquired Immune Deficiency Syndrome (AIDS) does not occur by any of the following means:

Living with carriers of the virus, physical contact, breathing, insects, shared eating and drinking, shared toilets, swimming pools, seats, utensils, or any other form of normal daily contact.

The virus is chiefly transmitted by one of the following means: 1. All forms of sexual intercourse.

2. Transfusion of blood or its derivatives.

3. Shared use of infected hypodermic needles or syringes, as in the case of drug users.

4. From an infected mother to her child.

Accordingly, isolation of AIDS patients among students, employees or other social groups is not called for.

II. Deliberate transmission of AIDS:

The deliberate transmission of the AIDS virus to a healthy person by any means is a violation of Islamic rules and is a sin as well as a legal offence necessitating punishment. The punishment is decided in proportion to the act and its effects on individuals and society as a whole.

If the intention is to spread the disease among wider sections of the community, the punishment applicable is that given in surah al-Mae'dah, verse 33.

If the target is a particular individual and the infection leads to death, the penalty would be death. But if the intended victim contracted the disease but did not die as a result, an appropriate deterrent punishment is prescribed. When the victim dies, his heirs have the right to demand ransom.

If the target is a specific person but infection does not occur, a deterrent penalty would be imposed.

III. Abortion for an AIDS infected mother.

In its seminar on "Procreation in Islam", The IOMS arrived at the following conclusions relating to abortion:

"The foetus is a living entity from the moment of conception. Its life must be respected at all stages of development. It is sacred and must not be violated by abortion, except for urgent medical reasons. Some participants supported the view that a foetus can be aborted during the first forty days of its life, especially when there are valid health reasons for that."

The present Seminar endorses this view and extends its application to AIDS infected mothers.

IV. Nursing by AIDS infected mothers of their healthy babies.

a) Since available medical evidence points to the lack of risk in an AIDS infected mother nursing her healthy baby, the Seminar can find no reason why such mothers should not nurse their babies.

b)The risk of infection to the baby through breast-feeding is extremely low. But the virus can be transmitted in the mother's milk or her blood when her nipples are bleeding or cracked. Babies should usually be able to benefit from breastfeeding. However, mothers should take all precautions to mini- mise the risk of infection. The mother many refrain from feeding the baby if a suitable alternative is available.

V. The right of a healthy spouse to separation or divorce.

The Seminar upheld the view that a healthy spouse has the option of separation or divorce from an AIDS infected one, since the AIDS virus is chiefly transmitted through sexual intercourse.

VI. The right to sexual intercourse between married couples.

For the same reason, a healthy spouse has the right to refuse sexual intercourse with an AIDS infected one.

If the healthy spouse agrees to sexual intercourse, a condom must be used to reduce the risk of infection and of pregnancy.

VII. AIDS as a terminal disease.

AIDS cannot be classified as a terminal disease until the stage when its symptoms become fully manifest and the patient is no longer able to live a normal life and shows signs of deterioration of life.

VIII. General recommendations.

1. The participants call upon all official and public bodies and organisations to raise public awareness of the threat of AIDS, how it can be transmitted and the means of protection against it: Promotion of virtue, public decency and lawful sexual behaviour and morality are the natural preventive measures.

2. The introduction of Islamic education at all levels of school education to ensure that pupils develop healthy and balanced views of their role and responsibility in society, and to prevent the spread of behavior-related diseases such as AIDS.

3. Early marriage must be encouraged to protect young people against permissiveness and sexual deviation. Every effort must be made by all concerned to facilitate early marriage, as far as possible.

4. Regardless of how a person contracts AIDS, everyone has the same right to the necessary medical treatment, psychologic support and health care. Once infected, patients must report the fact to their doctors to prevent the spread of infection to others. Doctors are under obligation to give the proper treatment, taking all measures to protect themselves and others against infection. Affected persons must be made fully aware of how best they can prevent the deterioration of their own health and protect others around them. No AIDS sufferer should have to endure any injustice or descrimination or humiliation as a result of his or her predicament.

5. The Seminar calls for the implementation of Islamic law as an effective safeguard against the spread of such diseases which threaten individuals and societies.

6. The mass media have a vital part toplay in raising public awareness of the threat of AIDS and the means of protection against it. The media must, therefore, assume a responsible and constructive role by promoting virtue and morality, and desisting from the portrayal, in any form whatsoever, of indecent, morally degrading, and sexually corrupting material.

7. Official bodies must make available, at the widest possible scale, all information necessary for the early diagnosis of AIDS to enable the earliest possible detection of the infection so that necessary steps can be taken to prevent the spread of the disease.

8. The Seminar appeals to all men of religion and to all responsible members of society all over the world to consolidate their efforts and join the Muslim community in promoting virtue and fighting all forms of sexuallicentiousness and extramarital sex.

9. The participants delegated His Excellency Dr Abdur-Rahman al- 'Awadhi to send cables to His Highness Sheikh Jabir al-Ahmad al-Sabah, the Emir of the State of Kuwait, and his excellery the Heir Apparent, for their support to the IOMS and for receiving its Board of trustees and other participants.