Health Ethics and Law Ethics HHSM 306 Shari’ah and Islamic Medical Ethics

If the person is on life support in a vegetative state or brain dead, then the majority of scholars are of the opinion that life support can be removed because the person is not aware and life as a place of trial has ended for him or her. The decision rests with qualified doctors and family members. (D) Mechanical Life Support in Terminally ILL Patients

( E) Islamic Living Will and Advance Directive IMANA recommends that all Muslims have a “Living Will”, “Advance Directive” and a case directive” and a case manger for their care, to help physicians to know their wishes, when he or she is unable to give directions (i.e. in a coma). A sample of such proposed living will is provided here which can be modified by the patient after consulting with family and /or an attorney.

(F) Organ Donation and Transplantation We, at IMANA, understand that certain organs may fail in the human body while the rest of the body may still be functional. The current state of medical knowledge holds the view with scientific proof that if the diseased organs are replaced by healthy organs and if accepted, the body machine can continue to function rather than die because of one diseased organ. Islam instructs all Muslims to save life (Qur’ān).

Organ Donation Donation of organs is not an act of transgression انتهاك against the body. On the contrary, it is an act of charity and benevolence to other fellow humans, which God loves and encourages.

Organ Donation from a Living Donor In the case of a living donor, the principle of „doing no harm‟ is invoked. The donor cannot give a vital organ, risking his own life. That would be an act of suicide.

Organ Donation from a Living Donor Donation of an organ whose loss would usually cause little harm or minimal increased risk to the health or life of the donor is acceptable. It invokes the principle of „accepting the lesser one when faced with two evils‟. The harm done by the disease, which can kill a human life, is not to be compared to the harm incurred by donation.

IVF The Islamic ruling on IVF is consistent with rulings on reproduction in general. The procedure is Islamically acceptable and commendable, but only if it solely involves husband and wife and if it is performed during the span of their marriage.

Surrogacy –who is the mother? The one who gave the ovum, that is the genetic material? or The one who carried the baby through pregnancy and gave birth to it?

(I) Termination of Pregnancy (TOP) Abortion is the willful termination of pregnancy by artificial means: drugs, chemicals, mechanical or surgical procedures before the age of viability (23 weeks) for any reason. Chemical or mechanical means to prevent the formation of zygote (fertilized ovum, which marks the beginning of human life) is not considered abortion. We believe that life begins at conception and unless interrupted by disease or artificial means, the fertilized ovum will continue to grow and become a viable mature human being. However, some scholars differentiate between biological life, which starts at conception, from and human life, which starts after ensoulment (Qur’an, Hadith Ibn Mas`uud) (al-Bukhari and Muslim).

Genetic Engineering Not all genetic engineering applications are prohibited and not all are allowed. Those directed towards the benefit of the human race are allowed, but those used to fundamentally alter human nature and God's work are prohibited.

(K) Care of the HIV Infected/AIDS Patient HIV infection, in addition to being associated with Homosexuality, is also known to be acquired through heterosexual acts, as well as intravenous I.V. drug use, blood transfusion and child birth. While Islam is opposed to homosexual life style, promiscuity, and drug abuse, IMANA is not opposed to the care of HIV patients.

(K) Care of the HIV Infected/AIDS Patient In fact, it instructs Muslim physicians to care for HIV patients with the same degree of compassion as they would for other patients. We do not discriminate against any patient on the basis of their lifestyle. We do advise healthcare providers to take precautions for themselves while taking care of HIV patients.

Euthanasia People who support euthanasia usually do so because of the pain suffered by the patient, thus using the phrase “mercy killing”. –Should the focus be pain management instead? –On the other hand, does this mean we postpone death by using every means of treatment available?A person does not have the right to end his or her life, since God has entrusted life to him or her for a temporary period. Only God owns the life and therefore has the sole right to end life.Euthanasia is considered to be suicide, which is a major sin in Islam.