SHARIAH DIMENSION ON BIOETHICS

1. Associate Professor Dr Raihanah Abdullah Director Centre for Civilizational Dialogue University of Malaya Associate Professor Department of Shariah and Law Academy of Islamic Studies University of Malaya raihanah@um.edu.my SHARIAH DIMENSION ON BIOETHICS

2. Acquisition of Knowledge • Bioethics • Research and Publication – in Islamic Perspective • UNESCO Universal Declaration • Malaysian Fatwa Council • Procedures for Issuing Fatwas • Fatwa on Bioethics issues and Modern Biotechnology • National Bioethics Council Malaysia • Regulation • Methodology of Islamic Jurisprudence • Genetical Modified Food • Animal-based Research • Conclusion and Recommendation outline

3. AK is a form of worship in Islam. • But human achievement must be exercised in conformity with God’s will. • New knowledge and discovery must be applied with careful consideration especially in maintaining balance in creation. • With the advancement in science and technology, many scientific issues emerged and therefore challenged religious scholars on the ethical questions. Acquisition of Knowledge (AK)

4. This is because Islam has paid great attention to morality and ethics. • The core of Islamic teaching is the perfection of ethical conduct of human being. • Islam views that man is the Khalifah on earth. Man has the responsibility • To develop resources • Ensure sustainability and safety • The task of khalifah is based on the characteristic Trustworthiness (al-amanah), Justice (al-adl) and kindness (al-ihsan) continue

5. “Biotechnology has great potential in Malaysia and it could be a catalyst for new growth areas in the country’s economy as well as a source of new wealth and income for the people.” – Prime Minister of Malaysia Sato1 Seri Abdullah Ahmad Badawi at meeting BIO 2004 Convention and Exhibition, 9 June 2004, San Francisco, California. • Bioethics useful in many areas • Agriculture • Livestock Farming • Herbal Industry • Medicine BIOETHICS

6. Scientific Discoveries are moving very fast. Needs to solve many global phenomena. How about the ethical issues with all these scientific discoveries? Balancing of good and harm is necessary for bioethics. – This is called Bioethical Maturity of Society – ( Macer, D, “Perception of Risks and Benefits of in vitro fertelization, genetic engineering and biotechnology, Social Science and Medicine, 38(1993): 23-33) continue

7. ENVIRONMENTAL ETHICS – ecology and life; sustainable developments, ecotourism, energy crisis, resources and environment. (Zubair Hassan, 2006, Sustainable development from an Islamic Perspective, Islamic Economics, 19(1): 3-18 GENETICS – genetics, DNA and mutation; GMF, GMO, genetic privacy and information; ( SOCIAL ETHICS – revisiting the body; child labour; peace and peacekeeping Research and Publication on Bioethics Issues – Islamic Perspective

8. MEDICAL ETHICS- telling the truth about terminal cancer; euthanasia; brain death; organ donation; organ transplant; AIDS and ethics (Ghulam-Haider Aasi, 2003, Islamic Legal and Ethical Views on Organ Transplantation and Donation, Zygon: Journal of Religion & Science, 38(3): 725-734) ; Stem cell Research (Hossam E Fadel, 2007, Prospects and Ethics of Stem Cell Research: An Islamic Perspective, Journal of the Islamic Medical Association of North America, vol 39( 2): 73-83 ); (Nabeel Sarhill et al, 2001, The terminallyill Muslim: Death and Dying from the Muslim Perspective, 18(4): 251-255; continue

9. REPRODUCTION – assisted reproduction; surrogacy; choosing childrens sex, prenatal diagnosis of genetic disease; human cloning; (B. Larijani and F. Zahedi, 2004, Islamic Perspective on Human Cloning and Stem Cell Research, Transplantation Proceedings, 36: 3188-3189); Mohammed A Albar, 2001, Induced abortion from an Islamic perspective: is it criminal; or just elective?, Journal of Family & Community Medicine, 8(3): 25-35) ; Hossam E. Fadel, 2002, The Islamic Viewpoint of New Assisted Reproductive Technologies, 30, Fordham Urb. L.Journal, pg. 147); Farzaneh Zahedi and Bagher Larijani, 2006, Medical Genetic Ethics, Islamic View and Considerations in Iran, DARU Journal of Pharmaceutical Sciences) suppl, no. 1, Jan, pp.48-55); HE Fadel, 2007, Preimplantation Genetic Diagnosis: Rationale and Ethics, an Islamic Perspective, Journal of the Islamic Medical Association of North America, vol. 39, pp 150 continue

10. UD on the Human Genome and Human Rights – adopted at UNESCO’s 29th General Conference 1997. International Declaration on Human Genetic Data – adopted in 2003 UD on Bioethics and Human Rights – adopted in 2005 UNESCO Universal Declaration

11. Established in every states based on the Administration of Islamic law Enactments • The Sultans appoint the Mufti • His role is to advise the Sultan on contemporary issues relating to Islamic Jurisprudence. • The Institution of Fatwa in Malaysia will issue all fatwas (legal opinion) in matters pertaining to shariah including bioethics. NATIONAL FATwa COUNCIL in Malaysia

12. At the Federal level, National Fatwa Council was established by the National Council of Religious Affairs Malaysia. The National Fatwa Council is a meeting council to issue fatwas at the national level.

13. Individuals may forwarded written enquiries on specific issues in relation to shariah to the Islamic Religious Councils in every States or to the Department of Islamic Development Malaysia . • The organization will then prepare working paper and form a research committee to do thorough research according to Islamic jurisprudence. • The mufti will then issue the fatwa Procedures for Issuing Fatwas

14. Abortion Organ Transplantation Family Planning Alcohol in drugs Human Cloning Stem cell research Fatwas on Bioethics ISSUES AND MODERN BIOTECHNOLOGY

15. Launched in May 2012. Under MOSTI Aim to provide advice, resolve and manage bioethical issues in Malaysia. Promoting ethics in S&T so that the development would not give negative impact to human lives, environment, social, health, other living lives, law and religion. Compliment to other Organisation such as National Biosecurity Council, Ministry of Health Medical Research Ethics Committee. National Bioethics Council Malaysia

16. Biosafety Act 2007 REGULATION

17. For many Muslim countries, discussion on bioethics tend to look towards religion. Islam is believed to be able to fully restore the harmony between religion and science. Islamic law must be based on two primary sources - the Qur`an and the Sunnah. Muslim jurists have developed a methodology for interpreting the law based on and derived from these 2 main sources. Methodology of Islamic Jurisprudence

18. Muslim jurists applied various methods developed by them and they make legal decisions that was not bound to anyone. They were not unanimous in their decisions because they used different methods in understanding and interpreting in order to derive their views.

19. From the above methods, several Islamic principles can be considered for ethical decision making . • Principle of maslahah(public interest) is to address the needs of humankind and confers the welfare of most people. • The principle of la dararwa la dirar(a person must not harm himself or someone else) – prohibited to cause a loss to another person. • The principle of Darura (Necessity) – permits the use of the forbidden under circumstances of necessity • The principle of la Haraj(No hardship) – person will exempted from religious deed if obligatory duty leads to extreme difficulty continue

20. The practice of ijtihad through reference to the 2 main sources in order to derive a ruling or legal opinion (fatwa) has actually opened the door for various interpretation especially concerning new development that has not been specifically mentioned in the Quran and Sunnah. continue

21. Genetic Modification alters the genetic constitution of organism by missing the DNA of different genes and species together. ( darryl R.J. Macer, 2006, A cross-Cultural Introduction to Bioethics, Eubios Ethics Oinstitute, Christchurh) • Plants with increased yield • Disease resistance • Pest resistance • To alleviate world hunger Genetics and Modern biotechnology - Genetically Modified Foods

22. Reference made to • Al-Qur’an and al-Sunnah – the concept of Food • Ijma` (consensus of opinion) and al-Qiyas (analogical deduction) • Maqasid al-Shariah • Other legal maxims • Al-asl fi al-ashya’ al-ibahah • الأصلُ فى الأشيأَ الأَباحةَََ

23. لأصْل فى الأشيأِ الضٌا رَةِ التحريمُ • التحريم يُتبَعُ الخُبُثِ والضررِ • ما أدى الى الحرامِ فهوحرامُ • ما حرمَ كثيرُه حرمَ قليلَهُ • الضروراتِ تبيحُ المحظوراتِ • ما أبيحَ للضرورةِ يقًَدرُ بقدرها • أذا اجْتََمََعَ الحلالُ والحرامُ غُلٍبَ الحرام • ما حرَمَ استٍعمالهُ حرمَ اِتِخا ذَهَ

24. If GMF process benefits humankind and the sources are halal – then GMF is permissible If the process harms humankind – then GMF is prohibited. Results

25. Why are animals used in research? – Human life is worth more than the life of a mouse, monkey or dog? Animals are believed to lack the understanding to have moralprotections equal to humans. Animal-based research

27. Ijitihad is a continuous process and become the main instrument of interpreting the divine message and relating it to the changing conditions of the Muslim community – to attain justice, salvation and truth. (Mohammad Hashim Kamali, 1999, Principles of Islamic Jurisprudence, Ilmiah Publishers: Selangor) Conclusion

28. Exercising ijtihad is so significant to deal with contemporary shariah issues – Family, criminal, contract, banking as well as in bioethics. Islamic Law analysis in Bioethics issues is to provide rulings on whether a proposed action is forbidden, discouraged, recommended, obligatory or permissible.

29. New discoveries and innovations in science and technology is a challenge to Islamic scholars to interpret the issues in a contemporary context. Both scientist and Islamic scholars must sit together to do thorough research on this issues. Majma` al-fiqh is the best platform for such research. (has been suggested before by several scholars)

30. Dissemination of knowledge, understanding, awareness and explanation on the importance of environmental sustainability, protection of life and avoid harm through • Khutbah • Conferences and seminars • Bioethics curricular • Discussions on biotechnological issues may also take place outside the official body that issues fatwas. • Members in the National Bioethics Council and Fatwa Council must consists of both backgrounds the scientist and experts in Shariah.