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Islamic Code of Medical Ethics

THE DOCTOR AND MODERN
BIOMEDICAL ADVANCES

There is no censorship in Islam on scientific research, be it academic to reveal the signs of God in His creation, or applied aiming at the solution of a particular problem.

Freedom of scientific research shall not entail the subjugation of Man, telling him, harming him or subjecting him to definite or probable harm, with holding his therapeutic needs, defrauding him or exploiting his material need.

Freedom of scientific research shall not entail cruelty to animals, or their torture. Suitable protocols should be laid upon for the uncruel handling of experimental animals during experimentation.

The methodology of scientific research and the applications resultant thereof , shall not entail the commission of sin prohibited by Islam such as fornication, confounding of genealogy, deformity or tampering with the essence of the human personality, its freedom and eligibility to bear responsibility.

The Medical Profession has the right- and owes the duty of effective participation in the formulation and issuing of religious verdict concerning the lawfulness or otherwise of the unprecedented outcomes of current and future advances in biological science. The verdict should be reached in togetherness between Muslim specialists in jurisprudence and Muslim specialists in biosciences. Single-sided opinions have always suffered from lack of comprehension of technical or legal aspects.

The guiding rule in unprecedented matters falling under no extant text or law, is the Islamic dictum :"Wherever welfare is found, there exists the statute of God".

The individual patient is the collective responsibility of society, that has to ensure his health needs by any means inflicting no harm on others. This comprises the donation of body fluids or organs such as blood transfusion to the bleeding or a kidney transplant to the patient with bilateral irreparable renal damage. This is another 'Fardh Kifaya', a duty that donors fulfil on behalf of society. Apart from the technical procedure, the onus of public education falls on the medical Profession, which should also draw the procedural, organizational and technical regulations and the policy of priorities.

Organ donation shall never be the outcome of compulsion, family embarrassment, social or other pressure, or exploitation of financial need.

Donation shall not entail the exposure of the donor to harm.

The Medical Profession bears the greatest portion of responsibility for laying down the laws, rules and regulations organizing organ donation during life or after death by a statement in the donor's will or the consent of his family; as well as the establishment of tissue and organ banks for tissues amenable to storage. Cooperation with similar banks abroad is to be established on the basis of reciprocal aid.

** "Umar ibnul -Khat tab, second Caliph, decreed that if a man living in a locality died of hunger being unable of self-sustenance, then the community should pay his moneyransom (fidiah) as if they had killed him. The similitude topeople dying because of lack of blood transfusion or adonated kidney is very close.

** Two traditions of the Prophet seem to be quite relevant inthis respect. The one is: 'The faithful in their mutual love and compassion are like the body if one member complains of an ailment all other members will rally in response. The other tradition says, "The faithful to one another are like theblocks in a whole building they fortify one another".

**   God described the Faithful in the Qoran saying: "Theygive priority over themselves even though they are needy". This is even a step further than donating a kidney, for the donor can dispense with one kidney and live normally with the other as routinely ascertained medically prior to donation.

 ** If the living are able to donate, then the dead are even more so: and no harm will afflict the cadaver if heart, kidneys, eyes or arteries are taken to be put to good use in a living person. This is indeed a charity and directly fulfils God's words: ' And who-so-ever saves a human life it is as though he has saved all mankind'. A word of caution, however, is necessary, Donation should be voluntary by free will or the dictatorships will contiscate people's organs thus violating two basic Islamic rights: the right of freedom and the right of ownership.

**  In the society of the Faithful donation should be in generous supply and should be the fruit of faith and love of God and His subjects. Other societies should not beat us to this noble goal".

 
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