THE BEGINNING OF HUMAN LIFE: ISLAMIC BIOETHICAL PERSPECTIVES

Abstract. In January 1985, about 80 Muslim religious scholars and biomedical scientists gathered in a symposium held in Kuwait to discuss the broad question “When does human life begin?” This article argues that this symposium is one of the milestones in the field of contemporary Islamic bioethics and independent legal reasoning (Ijtihād). The proceedings of the symposium, however, escaped the attention of academic researchers. This article is meant to fill in this research lacuna by analyzing the proceedings of this symposium, the relevant subsequent developments, and finally the interplay of Islam and the West as a significant dimension in these discussions.     

THE INTERPLAY BETWEEN RELIGIOUS LEADERS AND ORGAN DONATION AMONG MUSLIMS

Bioethics and health researchers often turn to Islamic jurisconsults (fuqahā’) and their verdicts (fatāwā) to understand how Islam and health intersect. Yet when using fatwā to promote health behavior change, researchers have often found less than ideal results. In this article we examine several health behavior change interventions that partnered with Muslim religious leaders aiming at promoting organ donation. As these efforts have generally met with limited success, we reanalyze these efforts through the lens of the theory of planned behavior, and in light of two distinct scholarly imperatives of Muslim religious leaders, the ?ilmī and the islāhī. We argue for a new approach to health behavior change interventions within the Muslim community that are grounded in theoretical frameworks from the science of behavior change, as well the religious leadership paradigms innate to the Islamic tradition. We conclude by exploring the implications of our proposed model for applied Islamic bioethics and health research.     

HUMAN CLONING THROUGH THE EYES OF MUSLIM SCHOLARS: THE NEW PHENOMENON OF THE ISLAMIC INTERNATIONAL RELIGIOSCIENTIFIC INSTITUTIONS

In the wake of the February 1997 announcement that Dolly the sheep had been cloned, Muslim religious scholars together with Muslim scientists held two conferences to discuss cloning from an Islamic perspective. They were organized by two influential Islamic international religioscientific institutions: the Islamic Organization of Medical Sciences (IOMS) and the International Islamic Fiqh Academy (IIFA). Both institutions comprise a large number of prominent religious scholars and well-known scientists who participated in the discussions at the conferences. This article gives a comprehensive analysis of these conferences, the relation between science and religion as reflected in the discussions there, and the further influence of these discussions on Muslims living in the West. Modern discussions on Islamic bioethics show that formulating an Islamic perspective on these issues is not the exclusive prerogative of religious scholars. Formulating such perspectives has become a collective process in which scientists play an essential role. Such a collective approach strengthens the religious authority of Muslim scholars and makes it more influential rather than undermining it.     

Rethinking citizenship rights of non‐Muslims in an Islamic state: Rashid al‐Ghannūshi's contribution to the evolving debate

Of interest to Islamists of the twentieth century has been the question of minority rights in an Islamic state and of how non‐Muslim minorities should be treated: in particular, should they enjoy equal citizenship rights and responsibilities with Muslims? Traditional Islamic law did not accord equal rights to non‐Muslim protected minorities (ahl al‐dhimma), placing Muslims above them in several key areas. Notwithstanding the law, however, early Muslim rulers exercised some pragmatic discretion according to the imperatives of their day. With the Islamic revival of the twentieth century, the traditional view has been adopted by several Muslim thinkers and leaders, though the traditional view is at odds with the concept of the nation‐state. The nation‐state is built on a secular premise, with no single religious group favoured over another. Within this context, a number of Muslim thinkers have attempted to reinterpret the traditionally held view of ‘citizenship rights’. This article will focus on the contribution of one such thinker, the Tunisian Islamist Rashid al‐Ghannūshi, who espouses somewhat ‘liberal’ views on the issue and argues for rethinking on a number of related aspects. Commencing with some background to the problem, the article explores the issue of citizenship rights as espoused by Ghannūshi, and notes the key importance of the concept of justice as their basis, in his view. Specific rights examined are: freedom of belief, including for Muslims who wish to change their religion; the holding of public office by non‐Muslims; equal treatment for Muslims and non‐Muslims in terms of fiscal duties and benefits. Throughout his arguments, Ghannūshi emphasizes justice as central to the issue, and as the basis of interpreting and developing related rules and laws. Although Ghannūshi's views are not entirely new, he goes well beyond what has been acceptable in Islamic law, and his contribution should be considered important in the efforts at rethinking Islamic law in this area.     

MEDICAL MANAGEMENT OF INFANT INTERSEX: THE JURIDICO‐ETHICAL DILEMMA OF CONTEMPORARY ISLAMIC LEGAL RESPONSE

Technological advances in the field of medicine and health sciences not only manipulate the normal human body and sex but also provide for surgical and hormonal management of hermaphroditism (intersexuality). Consequently, sex assignment surgery has not only become a standard care for babies born with genital abnormalities in the West but even in some Muslim states. On the positive side, it goes a long way in saving children born with abnormal genitalia from numerous legal interdictions of the pre‐sex corrective surgery. Nevertheless, the larger ethical and legal questions that medical management of genital abnormality raises to some extent have not been adequately appreciated by contemporary Muslim responses. This article, therefore, in principle argues against surgical management of intersexuality during early infancy from the Islamic legal perspective.     

FOOD ETHICS: A CRITIQUE OF SOME ISLAMIC PERSPECTIVES ON GENETICALLY MODIFIED FOOD

This article critiques some Islamic approaches to food ethics and the debate over genetically modified (GM) food. Food ethics is a branch of bioethics, and is an emerging field in Islamic bioethics. The article critically analyzes the arguments of the authors who wrote in favor of genetically modified organisms (GMOs) from an Islamic perspective, and those who wrote against GMOs, also from an Islamic perspective. It reveals the theological and the epistemological foundations of the two main approaches. Moreover, it provides an attempt to critique what is perceived as an exclusivist and legalistic trend adopted by some authors. It argues that an alternative approach that acknowledges the priority of reason in ethics and is at the same time rooted in Islamic tradition would be more inclusive and constructive.     

Traditionalism and reformism polemic in Malay–Muslim religious literature

At the end of the twentieth century, the Muslim academic world has been faced with a polemic between traditionalism and reformism, to the extent that it has come to preoccupy most present-day scholars. Most modern studies on contemporary Islamic law have mainly concentrated on Muslim countries in the Middle East and the Indian sub-continent, but this study will look at Malaysia, which is a relatively new field of Islamic legal inquiry. The article will concentrate on historical events in Malaysia from 1900 until the 1940s and, on the basis of what these events revealed, will highlight the legal polemic initiated by Malayan Islamic reformism and traditionalism. The discussion will focus on three issues: first, the capacity of human reason to understanding Islamic teaching; second, the concepts of ijtihād and taqlīd; and third, attitudes towards classical Muslim fiqh.     

Mystics and Sufi masters: Thomas Merton and dialogue between Christians and Muslims

The Cistercian, Trappist monk Thomas Merton (1915–1968), author of numerous books on Christian spirituality, monasticism and social commentary, was a forerunner in popular inter‐religious dialogue in the twentieth century. In this connection, he is best known for his sympathetic explorations of themes from Asian religions, particularly Zen and other forms of Buddhism. This article calls attention to his studies in Islam, initially under the guidance of Louis Massignon (1883–1962), and particularly in Sufism. It highlights his interactions with a number of contemporary Muslim thinkers, and describes his decade‐long correspondence with a Pakistani Muslim student of Sufi texts, a unique instance of a sustained dialogue in letters on religious themes between a Muslim and a Christian in modern times. The article also calls attention to the ways in which Merton took inspiration from Islamic sources in the development of his own spiritual teaching.     

COLLECTIVE RELIGIO‐SCIENTIFIC DISCUSSIONS ON ISLAM AND HIV/AIDS: I. BIOMEDICAL SCIENTISTS

During the 1990s, biomedical scientists and Muslim religious scholars collaborated to construe Islamic responses for the ethical questions raised by the AIDS pandemic. This is the first of a two‐part study examining this collective legal reasoning (ijtihād jamā‘ī). The main thesis is that the role of the biomedical scientists is not limited to presenting scientific information. They engaged in the human rights discourse pertinent to people living with HIV/AIDS, gave an account of the preventive strategy adopted by the World Health Organization, and offered an (Islamic) virtue‐based preventive model. Finally, these scientists tried to draft a number of Islamic legal rulings (a?kām), usually seen in Islamic jurisprudence as the exclusive business of Muslim religious scholars. This multilayered role played by the scientists reflects intriguing developments in the Islamic religio‐ethical discourse in general and in the field of Islamic jurisprudence in particular.     

LAW AND ETHICS IN ISLAMIC BIOETHICS: NONMALEFICENCE IN ISLAMIC PATERNITY REGULATIONS

In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico‐legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm‐based argument can be made either by appeal to or against Islamic paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity.     

BRAIN DEATH AND ITS ENTANGLEMENTS

The Islamic philosophical, mystical, and theological sub‐traditions have each made characteristic assumptions about the human person, including an incorporation of substance dualism in distinctive manners. Advances in the brain sciences of the last half century, which include a widespread acceptance of death as the end of essential brain function, require the abandonment of dualistic notions of the human person that assert an immaterial and incorporeal soul separate from a body. In this article, I trace classical Islamic notions of death and the soul, the modern definition of death as “brain death,” and some contemporary Islamic responses to this definition. I argue that a completely naturalistic account of human personhood in the Islamic tradition is the best and most viable alternative for the future. This corporeal monistic account of Muslim personhood as embodied consciousness incorporates the insights of pre‐modern Muslim thinkers yet rehabilitates their characteristic mistakes and thus has the advantages of neuroscientific validity and modern relevance in trans‐cultural ethical discourse; it also helps to alleviate organ shortages in countries with majority Muslim populations, a serious ethical impasse of recent years.     

Wilāyah (authority and governance) and its implications for Islamic bioethics: a Sunni Māturīdi perspective

Juridical councils that render rulings on bioethical issues for Muslims living in non-Muslim lands may have limited familiarity with the foundational concept of wilāyah (authority and governance) and its implications for their authority and functioning. This paper delineates a Sunni Māturīdi perspective on the concept of wilāyah, describes how levels of wilāyah correlate to levels of responsibility and enforceability, and describes the implications of wilāyah when applied to Islamic bioethical decision making. Muslim health practitioners and patients living in the absence of political wilāyah may be tempted to apply pragmatic and context-focused approaches to address bioethical dilemmas without a full appreciation of significant implications in the afterlife. Academic wilāyah requires believers to seek authentication of uncertain actions through scholarly opinions. Fulfilling this academic obligation naturally leads to additional mutually beneficial discussions between Islamic scholars, healthcare professionals, and patients. Furthermore, an understanding derived from a Māturīdi perspective provides a framework for Islamic scholars and Muslim health care professionals to generate original contributions to mainstream bioethics and public policy discussions.     

Salvation and Suicide: What Does Islamic Theology Say?

Abstract : The Islamic soteriological doctrine advocates good deeds and God's mercy as the pre‐requisites for human salvation. This article introduces these two important dimensions of the Muslim belief of salvation. In contemporary settings it addresses some of the motives behind the spate of suicide bombings by Muslims and argues that taking one's own life is totally forbidden in Islam. The moving notion that suicide bombing is an open door to salvation is, therefore, untenable. Whatever the mitigating factors, there is no legitimacy in Islamic Law (shariah) to the crime of suicide or the derived terrorism.     

Piety among Tablīghī women

Islamic piety in Muslim women has been on the rise in the last three decades around the world. Much of it involves formerly nominal Muslim women becoming observant of Islamic rules, rituals and practices and taking their faith seriously. For these women, it is a journey of spiritual elevation. It is a new endeavour of Islamic awakening and self discovery. All this is occurring in an era characterized by a modernity which claims, among other things, that religion is the basis for women’s oppression in society. Thus, western and western-educated scholars and feminist theorists have argued for the “unveiling” of Muslim women as part of the process of weakening the hold of Islam and allowing women to become free thinking, liberal and independent. This article is an attempt to explore the continuous growth of Islamic piety in Muslim women around the world. Using the Tablīgh Jamā‘at in Australia as a case study, the article seeks to understand the role of Islamic piety in Muslim women. The article argues that Islamic piety in Muslim women is an attempt by Muslim women to find a religious response to modernity.     

简析《古兰经》注释学的学术规范

《古兰经》注释学作为阿拉伯-伊斯兰文化体系最早形成的学科,在揭示《古兰经》经义经旨,推动伊斯兰教历史进程,构建和完善阿拉伯-伊斯兰文化体系,引导穆斯林社会发展,规范穆斯林生活,促使阿拉伯-伊斯兰文明与其它文明交流互动中,发挥了无可替代的作用。鉴于此,注释《古兰经》历来受到阿拉伯-伊斯兰文化学术界的重视,并根据经训教义教法和注释学科的总体要求,制定了注释学的学术要求、原则和修养,有效保障了历代穆斯林信经而不僵经,释经而不越经。     

ISLAMIC VERDICTS IN HEALTH POLICY DISCOURSE: PORCINE‐BASED VACCINES AS A CASE STUDY

In this article, I apply a policy‐oriented applied Islamic bioethics lens to two verdicts on the permissibility of using vaccines with porcine components. I begin by reviewing the decrees and then proceed to describe how they were used by health policy stakeholders. Subsequently, My analysis will highlight aspects of the verdict's ethico‐legal arguments in order to illustrate salient legal concepts that must be accounted for when using Islamic verdicts as the basis for health policy. I will conclude with several suggestions for facilitating a more judicious use of verdicts in policy‐relevant discourse. My analysis is meant to contribute to the dialogue between science and religion, and aims to further efforts at developing health policies that value health while accommodating religious values. In the encounter between the Islamic tradition and global public health, a multidisciplinary dialogue, where Islamic legists become aware of the health policy implications of their ethico‐legal pronouncements, and where health policy actors gain a literate understanding of Islamic ethico‐legal theory, will lead to verdicts that better meet the needs of patients, health workers, and religious leaders.     

Europe,the New Abyssinia: On the Role of the First Hijra in the Fiqh al-Aqalliyyāt al-Muslima Discourse

Since the mid-1980s, Muslim jurists and theologians have discussed the permissibility of mass-scale Muslim permanent voluntary settlement in majority non-Muslim countries and the unique challenges Muslim minorities face in secularizing Christian societies. Their efforts constitute a new field in Islamic jurisprudence, fiqh al-aqalliyyāt al-Muslima (the religious law of Muslim minorities). A number of participants in this field have introduced analogies between present realities and the first hijra – the migration to Christian Abyssinia (Ethiopia) with the blessing of the Prophet Muhammad. The objectives of this article are twofold: (a) to point to the roles of these analogies in fiqh al-aqalliyyāt al-Muslima discourse and (b) to demonstrate how Islamic jurists and theologians interpret similar or almost similar mythical narratives to support conflicting arguments. The article draws on a qualitative reading of several dozen religious decisions, treatises and sermons by jurists and theologians collected from mosques, Islamic centres and libraries in Europe, as well as from online resources.     

Islamic education: why is there a need for it?

This article examines the need for the Muslim community of Britain to educate their youth with regard to a Muslim ‘way of life’. The aim of this study is to examine the theological basis for Islamic education. It further explores the status of Muslim schools in Britain with regard to culture and religion. This study highlights the exclusiveness of Islamic education owing to Muslim ethnic cultures and the necessity for a more intercultural‐oriented Islamic education.     

When Muslims marry non‐Muslims: marriage as incorporation in a cape Muslim community1

This article, based on anthropological fieldwork in a township community in Cape Town, South Africa, in 2000, analyses genealogical data on the frequency of inter‐religious marriages in a coloured Cape Muslim community, and presents two Muslim marital narratives in order to illustrate what the limits of tolerance for atypical marital situations with regard to normative Islamic precepts may be in this specific Muslim community. I argue that the high frequency of inter‐religious marriages, as well as the high frequency of inter‐religious marriages involving Muslim‐born females, can only be explained by reference to a field characterised by socio‐religious fluidity, and by reinstating a notion of social agency of Muslim females in the organisation of their own marriages. I describe Cape Muslim identities as hybrid, and Islam as non‐determinative in the making of these identities.