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The IOMS holds in Kuwait, where it is based. its  series of seminars on Islam and the contemporary medical problems. Invitations to attend these seminars are usually sent to Muslim scientists and scholars in the fields of medical sciences, jurisprudence,law and the humanities. The main purpose of  holding these seminars is to look into the contem porary medical problems that have emerged as a result of the great and continuing advances in the  field of medical sciences. The hope is that

out of these discussions. opinions will be reached that are in line with the provisions of the Islamic Sharia. The  growing importance of these seminars emanate from the following:

Medical innovations are on the rise. As we deal with them in our every day life, it is essential that we be aware of the Islamic legal stance which determines what is permitted and what is prohibited with regard either to the doctor or to the person who has to resort to these innovations.   The series of seminars held by the IOMS bring together the two parties concerned: Islamic juridprudents on the one hand, and men of science on the other, Then the latest research concerned with medical innovations is put forward for serious discussion and evaluation in the light of the provisions of the Islamic Sharia. These procedures hopefully end up by reaching a satisfactory legal adaptation that should help to clarify the situation for Muslims with regard to their need for and use of those medical innovations.

Islam is all for scientific research and efforts exerted for the good of mankind to control disease and alleviate the suffering of patients and relieve their pains, provided that this is done in ways that do not go against our religion and our tolerant Sharia.

Pointing out the Islamic legal view with regard to medical innovations is of vital importance to Muslim communities living in the Western World as well as to those who seek medical help in non-Muslim countries.

Leaving such innovations without an Islamic scrutinizing eye may, in fact, lead to a wave of social confusion in an Islamic world which is keen to draw a clear demarkation line between what is Islamic and what is not, that is, between what is Halal and what is not.

(Held on Sha'ban 11, 1403H./May 24,1983)

The purpose of this seminar was to elucidate Islamic legal opinion in respect of all medical innovations related to the field of child birth, The topic assumes special importance in the light of the fact that a Muslim may have to resort to these innovations, which necessitates explications of where Islam stands with regard to these innovations.

Apart from the concluding recommendations made by this seminar, which will be stated below, the participants realized the following: -
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- More such gatherings should be encouraged to discuss vital topics of the type taken up by the seminar, The fact that medical innovations have become the order of the day makes it of paramount importance to draw guidelines, within the framework of Islamic Sharia, for Muslims who feel the need to avail themselves of these innovations.

- The success of the dialogue between men of medical science and men of Islamic jurisprudence through setting arguments against counter-arguments and matching evidence based on a Tradition or a Quranic verse with another in a spirit of amiability and tolerance made it apparent that such meetings should be repeated as often as possible under the umbrella of Islamic Sharia where participants can engage in an enlightened and Islamic dialogue with a view to reaching sound conclusions about the Islamic view of those innovations.

- The need was felt for injecting the curricula of medical schools with more Islamic studies related to the fundamentals of Islamic Jurispru-dence, On the other hand, there was a similar need to provide theological schools with a sufficient amount of learning about family life with regard to both the legal and the medical aspects.

- The participants also concluded that the upbringing of the Muslim individual constitutes the basis of his daily conduct. Hence, developing the right kind of conscience for performing his daily work honestly is of the utmost importance. It was necessary therefore, everybody felt, that an Islamic code of ethics for various practices   should be laid down.

- The seminar underscored the importance of the role that should be played by men of Islamic jurisprudence in helping men of medical and life sciences follow a safe track in their research work so that they may not get out of the bounds clearly defined by the Islamic Sharia.

Recommendations:

1. Discouraging mother-produced milk banks for babies where milk of different women get mixed up. In cases where such banks are medically necessary , certain strict procedures should be followed according to the opinion of the majority of jurisprudents. The milk produced by each contributing woman should be kept separate from other milk produced by other women and registered under her name. The names of the baby users should also be registered so that it should be known beyond any doubt which baby has been fed with which milk. Such information should also be duly relayed to the parties concerned. In this way, future Islamically illegal marriages belween people fed by the same foster mother can be avoided. Opposing opinions voiced in the seminar, however, had it that  there was no need to identify all the babies fed on the same milk. Those who held this opinion   argued that according to Laith Ibn Saad and the Zahiriyya jurisprudents a foster relationship prohibiting marriage only occurs if the two concerned persons have actually sucked at the same breast. Since feeding from mother-produced milk banks is done through no breast sucking, there is no danger of foster relationships arising between the fed babies.

2. There was a consensus of legal opinion that controlling the sex of a foetus should never be allowed if it is done at a national level. Individually, however, there is nothing illegal about the attempt to realize the desire of parents to have either a male or a female baby through available medical means, according to some participants. Others, however, would consider such control illegal even at the individual level as it may lead to tipping the balance in favour of either of the two sexes over the other.

3. Refraining from giving precipilate legal opinion  about the issue of coloning extended to mankind (along the lines of experimenting it on animals). However, further studies of these , issues both medically and legally are called for.

4. Agreement was reached to apply the propagation technology at the level of tiny organisms by using some of the DNA properties in the field of  mass producing therapeutical materials.

5. Test-tube Babies (and surrogate uterus):

It was concluded that this innovation is legal Islamically as long as the two persons involved are the husand and wife during matrimony, provided adequate necessary precautions are taken to prevent family lineage confusion (though there is a reservation even about this to avert excuses). It was also agreed that this innovation is prohibited if a third party is involved, whether in the form of a male sperm, a female ovum or uterus, or a foetus.

6. Surgical Contraception (sterilization):

This may be resorted to on an individual basis if  it is deemed necessary by a trusted Muslim doctor who rules that all other alternatives do  not serve the purpose. However, this is definitely illegal if it is done at the level of the Islamic nation. The seminar denounced the use of sterilization at the national level and warned against its use in what can be called a demographic war that aims to make Muslims a minority in their countries or in the world.

7. Abortion :

The seminar reviewed the opinions of early  Islamic jurisprudents and found that they had all been agreed on prohibiting abortion after the soul is breathed into the foetus, i.e. after four  months. As for abortion before that, there was a  difference of opinion. Some said it was absolutely prohibited; others said it was undesirable.  A group of those early jurisprudents held that  abortion is definitely prohibited after 40 days of  conception but allowed before that, though they  differed about the circumstances necessitating it.  

Leaning upon contemporary scientific facts provided by modern research and medical technology, the seminar concluded that the foetus is alive since the beginning of conception, that this life should be respected in all its stages especially after a soul is breathed into the developing foetus; hence we may not wrong it by abortion unless it is proven absolutely necessary for medical reasons. Some participants, however, argued differently allowing abortion during the first 40 days of conception especially if there is a good reason for doing it.

8- Looking at the genitals by the opposite sex:

Genitals may be looked at by the opposite sex only in cases of medical examination, treatment or education. Yet, even in these cases the looker should confine his/her sighting to  the required part(s) only.

Work should be started on introducing to the medical schools in the Islamic world courses about Islamic legal issues relating to health, diseases and treatment. The other way round should be done in the educational institutions offering Islamic studies.

Setting up a standing committee membered, by Islamic jurisprudents and medical scientists to look into arising issues that require scientific experience and legal opinions to be resolved.

In view of the great success achieved seminar, it was recommended by the participants that further seminars should be held to discuss similar medical issues.

At the closing session, the participants expressed their gratitude to the State of Kuwait, represented by the Ministry of Public Health and other relevant bodies, for their contributions to the success of the seminar.