Islamic medical jurisprudence part II: the responses of Islamic law to medical dilemmas

Judicial decisions [Fatawa] of some of the most learned juridical authorities in the Imamate [Shiite] community [maraja' al-taqlid] of present time on medical issues are examined in this paper. They will provide the reader with the responses of the Islamic jurisprudence to the most involved medical dilemmas. The paper mainly focuses on the rational viewpoints of the Islamic law on permission of family planning and birth control, strict ban of abortion especially when the embryo is four months and above in normal conditions, and legitimacy of artificial insemination by the husband- Judicial prescription of cadaver and organ donation and transplantation are also discussed in some detail. The religious rite of circumcision and its impact on the health of man is duly elaborated and the principles of medical examination explained. The principle of priority of saving human life prevails all forbidden rulings set out for observing human sanctity in ordinary cases. Also, the principle of necessity when no definitive ruling is available on a given issue, has been an important source for religious prescription in all matters pertaining to the welfare of the Muslim society

Ethical issues in medical statistics

Medical statistics [biostatistics], as a vital essential part of modem life, does raise some fundamental ethical issues. Surprisingly, this aspect seems to have been totally ignored by books on medical ethics. This paper discusses how the statistical aspects affect the ethics. The relation between biostatistics and medical research is explored. All stages of a medical research exercise are vulnerable to statistical mismanagement which might lead to misuse of patients by exposing them to unjustified risk and inconvenience; the misuse of resources including the researchers' time, which could be better employed on more valuable activities; and the consequences of publishing misleading results, which may include carrying out unnecessary further work. These are specific and highly undesirable outcomes. Failure to guard against these is surely as unethical as using experimental methods that offend against moral principles, such as failing to obtain full informed consent from subjects. Raising statistical standards of medical researches and publications serves as a safeguard to observe the element of ethics. This can be achieved by widespread teaching of medical statistics at all levels, involvement of biostatisticians as active participants of any medical researches and ethical committees. Ethical issues in medical statistics require wider and more open debate. Those involved in medical research need to involve the whole medical profession. Indeed, moral philosophers, theologians, and other professional groups have an important contribution to make

Islamic medical jurisprudence part I: general aspects and principles

Islamic medical jurisprudence, which is the subject concerned with the application of Islamic laws to the area of medicine, has never been discussed as an independent field of jurisprudence, although several selected topics, especially those concerning food and beverages, sexuality, death, wounds and injuries, and doctor-patient relations have been more discussed than others. The results of an investigation on the Islamic medical jurisprudence characterized on the basis of practicing Ijtihad are presented. A survey on the Imamate [Shiite] jurisprudence was conducted through the works of prominent Shiite jurists from 4th- 10th century to the present time. The concept and methodology of practising Ijtihad is clarified and the authoritative sources of the Islamic law: The Qur'an, the Sunna, the Ijma' [consensus], and the' Aql [reasoning] are discussed. The paper further highlights the value of human life in Islam holding reference to the topics discussed in the Imamate works which proves the existence of a body of medical jurisprudence that enjoys comprehensiveness, penetration, and flexibility. In addition, the specifications of the Islamic medical jurisprudence characterized by the organic connection between the reasoning and divine law, negation of foreign dominance, observation of public benefit, actualization of public responsibility, existence of flexible overriding rules, and the discretionary authority of the jurist are elaborated. The Shiite jurists'views to medical issues prove that pragmatism prevails and the aim is to seek a compromise between Islamic heritage and the achievements of modern medicine, as long as basic Islamic dogma is not violated