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.     

A CRITIQUE OF ISLAMIC ARGUMENTS ON HUMAN CLONING

Sunnism constitutes eighty percent of the Islamic world. The most academic and renowned religious seminary in the Sunni world is Al-Azhar University in Egypt, and it is from here that most verdicts on novel issues such as human cloning are decreed and disseminated throughout the Islamic and non-Islamic worlds. The perspective of this seminary and of other significant Sunni jurisprudential councils and figures are alluded to throughout this essay. I lay out the method of legal derivation employed by the Sunni clergy and scholars and then illustrate how they have arrived at their prohibition on human cloning. I demonstrate weaknesses of methodology employed by the major Sunni Muftis within the domain of jurisprudence.     

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.     

PATERNITY BETWEEN LAW AND BIOLOGY: THE RECONSTRUCTION OF THE ISLAMIC LAW OF PATERNITY IN THE WAKE OF DNA TESTING

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology‐based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law.     

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.     

PERSPECTIVES ON TORTURE: Reports from a Dialogue Including Christian,Judaic, Islamic,and Feminist Viewpoints

Torture continues to be a pressing political issue in North America, yet religious scholarly reflection on the ethics of torture remains all but sidelined in public discourse for a variety of complex reasons. These reasons are explored—and critiqued—in this collection of reflections by Christian, Jewish, Muslim, and feminist religious ethicists. These scholars find that historical amnesia, forced if not twisted readings of classical texts and contemporary human rights instruments, and sociological factors are but a few of the factors challenging contemporary religious ethical discourse on torture.     

THE CRISPR APPLE ON THE TREE OF KNOWLEDGE CONFERENCE HIGHLIGHTS: CRISPR IN SCIENCE,ETHICS, AND RELIGION

The Institute on Religion in the Age of Science (IRAS) asked Ted Peters, an eminent theologian and bioethicist who was at the forefront of the cloning and stem cell debates in the past few decades, and myself, a molecular biologist, to invite scholars from various fields to brainstorm the religious and ethical implications of the CRISPR revolution. We invited keynote speakers, whose talks will be covered here, as well as other speakers and poster presentations. The conference also hosted question and answer sessions, chaplain sessions, and discussions throughout the week at the beautiful Star Island in the summer of 2019. The purpose of this paper is to highlight and sample the discussions and presentations from that conference. I will organize them into three broad topics: CRISPR in science, ethics, and religion. For readers unfamiliar with CRISPR technology, this overview can also serve as an introduction to the field, and a stepping stone for future ideas for CRISPR discussions.     

COMPARISON AND HISTORY IN THE STUDY OF RELIGIOUS ETHICS: An Essay on Michael Cook's Commanding Right and Forbidding Wrong in Islamic Thought1

Qur'an 3:104 speaks of “commanding right and forbidding wrong” as a constitutive feature of the Muslim community. Michael Cook's careful and comprehensive study provides a wealth of information about the ways Muslims in various contexts have understood this notion. Cook also makes a number of comparative observations, and suggests that “commanding” appears to be a uniquely Muslim practice. Scholars of religious ethics should read Cook's study with great appreciation. They will also have a number of questions about his comparative comments. In this article, I suggest that scholars of comparative ethics should think less about the “uniqueness” of the materials examined by Cook, and more about the ways groups of human beings discipline their members, thereby constituting and maintaining themselves as communities of virtue.     

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.     

AFFECTED BY NATURE: A HERMENEUTICAL TRANSFORMATION OF ENVIRONMENTAL ETHICS

The value‐action gap poses a considerable challenge to normative environmental ethics. Because of the wide array of empirical research results that have become available in the fields of environmental psychology, education, and anthropology, ethicists are at present able to take into account insights on what effectively motivates proenvironmental behavior. The emotional aspect apparently forms a key element within a transformational process that leads to an internalization of nature within one's identity structure. We compare these findings with studies on environmental activists, which appear to a significantly lesser degree hampered by the value‐action gap, thereby attempting to understand what provides them with the drive to act more consistently on their moral attitudes. Hermeneutics is found to play a crucial role in the processes that lead to lasting and consistent motivation toward proenvironmental behavior. An empirically informed hermeneutical approach could therefore provide a promising impetus for contemporary environmental ethics.     

MIDWIFERY AS A MODEL FOR ECOLOGICAL ETHICS: EXPANDING ARTHUR PEACOCKE'S MODELS OF “MAN‐IN‐CREATION”

In Creation and the World of Science (1979) scientist‐theologian Arthur Peacocke asks what the role of humanity might be in relation to creation if conceived within the scientific perspective that favors the theological paradigm of the panentheistic God‐world relationship. Deeming roles such as dominion and steward as liable to distortion toward a hierarchical understanding of humanity's relation to the rest of creation, Peacocke proposes seven other roles to express the proper relationship of humanity to the cosmos in panentheistic relation to its Creator. Although each of these models has merit within a panentheistic paradigm, Peacocke and the paradigm itself suggest that the panentheistic model of God in relation to an evolving cosmos may be most effectively imaged through a model of female procreativity. In keeping with this proposal, I develop the understanding of humanity's ecologically ethical role in relation to the evolving cosmos in terms of the midwife to the process of procreation. I evaluate the efficacy of the midwife as a paradigm for ecological ethics by means of several criteria, including the propositions of the Earth Charter, “a declaration of fundamental principles for building a just, sustainable, and peaceful global society in the 21st century” (Earth Initiative 2000).     

OBSERVATION AND COMPARISON OF MEALTIME BEHAVIORS IN A SAMPLE OF CHILDREN WITH AVOIDANT/RESTRICTIVE FOOD INTAKE DISORDERS AND A CONTROL SAMPLE OF CHILDREN WITH TYPICAL DEVELOPMENT

Despite widespread use of behavioral observations to evaluate child feeding behaviors in research and clinical practice, few studies have comprehensively characterized mealtimes or identified features that differentiate children with and without disordered feeding; these were the aims of the current study. Mealtime observations were conducted for 18 children with avoidant restrictive food intake disorder (ARFID) and 21 typically developing children. Observations were coded inductively, and associations between disorder and observed mealtime actions were examined. Most behaviors were observed across both clinical and nonclinical mealtimes, and many did not differ in frequency between children with and without ARFID. However, significant group differences were observed in the frequencies of behaviors relating to food intake, visual and physical engagement with feeding, and movement during mealtimes. The comparability of behaviors across clinical and nonclinical groups suggests that eating behaviors exist on a continuum from “normal” to “abnormal,” with group differences relating to frequency rather than type of behavior. The behavioral differences observed in this study suggest that identification of children with ARFID should focus on child engagement with food and restlessness during mealtimes. Reliance on emotional and escape‐maintained behaviors will lead to underrecognition of families in need of clinical support.