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Health Ethics and Law Ethics
HHSM 306
Shari’ah and Islamic Medical
Ethics
(D) Mechanical Life Support in
Terminally ILL Patients
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.
(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
against the body. ‫انتهاك‬transgression
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.