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Welcome to Mapping out an Islamic Bioethics:
An Intensive Workshop
The Initiative on Islam and Medicine at the University of Chicago
Housekeeping Items • Registration Desk:
– Name Badges – Course Packets
• Readings, Information Material, Evaluation Forms – Box of Sweets
• Course Evaluations – Everyone fill out session evaluations and return to desk – CME (APPNA Members online; Non-APPNA @ desk)
• Food – Refreshments outside – Boxed Lunch & Friday Prayers
The Initiative on Islam & Medicine Methodology: -‐‑Bring together religious scholars, Islamic studies experts, medical and social scientists to fill in the knowledge gaps around Islamic bioethics -‐‑Host intensive workshops, symposia and conferences that disseminate this new knowledge
Overarching Goals for Course • Gained conceptual literacy in “Islamic” Bioethics
• Equipped with tools for researching and applying Islamic moral frameworks to the practice of medicine
• Increased interest in studying at the
intersections of Islam, healthcare, and bioethics
Words of Gratitude – Program on Medicine & Religion
• Dr. Dan Sulmasy • Maha Ahmad
– MacLean Center for Clinical Medical Ethics • Dr. Mark Siegler
– American Islamic College • Dr. Ali Yurtsever
– II&M Staff & Volunteers • Caitlin Ajax • Hadiyah Muhammad • Hana Ahmed • Milkie Vu • Community Donors • Others
– All the lecturers and all my teachers/mentors
Vision of the II&M
To become the leading center for study, dialogue, and education at the intersection of the Islamic tradition and biomedicine
Background • Islamic Bioethics
– Newly ‘birthed’ field of academic inquiry with interest from many corners
• Lack of clarity about the “Islamic” – What content qualifies as Islamic (labelling activity) à
implications for methods of derivation and research
• Questions about scope and nature of “bioethics” – Challenges related to the multi- and interdisciplinarity
of bioethics
Pedagogical Approach
• Balancing Acts – Knowledge: Theoretical and Practical – Presentation: Didactic and Narrative/Case-
based – Disciplinary Focus: Theology and Sociology
Course Overview Day 1: Survey of the field • Actors & Material- Practical Lens
– Typology for end-users of Islamic bioethics literature
• What is “Islamic” Bioethics?- Theological Lens – Discuss moral theology à informed review
• Many Methods…- Research Lens – Empirical and theoretical methods of bioethics
• Case Study of Brain Death- Applied Lens – Dialogue between clinicians and Islamic scholars
Course Overview Day 2: Deep Dive into the Islamic tradition • Fiqh to Tasawwuf • Tools of Islamic Ethico-legal Tradition • Doctrinal Considerations…
– Locate ‘ethics’ within various aspects of the Islamic ethico-legal tradition
– Epistemology of the normative in Islamic law
• Lived Experiences… – Social Historical Perspectives on “Islamic” bioethics from Iran
and Oman
Course Overview Day 3: Applied Islamic Bioethics • A foot in both worlds- Practical Lens
– Comparative Perspective on Clinical Medical Ethics
• Researching and Reading…- – Tie loose ends by looking at typology of Islamic
bioethics producers and literature
Reporting on Islamic Bioethics in the Medical Literature: Where are the Experts?
Shanawani et al
• Papers reviewed from 1950-2005 – “Islam or Muslim” & “Bioethics” à 146 papers – Authors:
• 39 from Middle East • 29 from the US
– Content: • Only 11 mention more than 1 ‘universal’ Islamic position • 5 mention concepts/sources of Islamic law
Islamic Bioethics Experts? • Knowledge Requisites
– Medical Science • Muslim MDs and Professional Organizations
– Islamic Ethics & Law • Imams who counsel Muslim populace • Professors of Islamic Studies
– Bioethicists • JDs, PhDs, MDs
Current State of Discourse • Producers of discourse:
– Many different disciplines engage with different goals and expertise à“Silo” problem with little cross-talk
• Contestations over “Islamic” and “Bioethics” • No central repository of material • Writings often do not meet practical needs nor are
scholarly robust
National Survey of American Muslim physicians
64% never or rarely consult Islamic jurists
55% never or rarely read Islamic bioethics books
79% never or rarely look to Islamic medical fiqh academy verdicts
95% of Muslim docs never assist Imams with bioethics cases
77% never or rarely seek guidance from Imams when facing a bioethics challenge
Many Consumers • Muslim patients
– Concordance between medical care and Islamic regulations • Muslim healthcare providers
– Islam does influence medical practice - an “Islamic” ethos • Religious leaders
– To advice clinicians and patients regarding biomedicine • Healthcare institutions
– Culturally-sensitive care that improves quality • Policy and Community Stakeholders
– Advocate for a more culturally accommodating healthcare system
Social Science
Medical Sciences
Philosophy & Bioethics
Health Policy
Ethics (Adab)
Moral Theology
(usul al fiqh)
Islamic
Law (fiqh, hukm)
Clinical Practice
An Islamic
Bioethics
Discursive Partners
Inputs
Terminology • What is Islam?
– Tradition with community • Bearers of understanding • Living out practice
– End-goal
• What makes something “Islamic”? – Sources – Signification
Terminology • What is (Bio)ethics?
– Conduct with a goal in mind • Right/Good
– Relating to bio/med/health
Core Concepts • Revelation (wahy)
– Matloo à Qur’an – Ghayr matloo à Sunnah
• An “Islamic” “Bioethics” – Revelatory guidance for human behavior
relating to bio/med/health that accords with the “good”/”right”
Ethics in Islam • What is right/good?
– Labelling authority vs. Characteristic of action – ‘Ashari vs. Mu’tazali; Maturidi theology
• Theological voluntarism or Deistic Subjectivism
• God’s commands are purposeful and generally for the benefit of mankind
Ethics in Islam
• What can I do à What should I do?
• Islam (minimum) à Ihsan (optimum) • Role of fuqaha = move community from
sin
Islamic ethico-legal deliberation
Usul (sources)
• Textual- Quran & Prophetic example • Formal- Qiyas (analogy) & Ijma (consensus) • Secondary Sources- Istishab, Urf
Maqasid (objectives)
• Protection of life, religion, intellect, property, honor
• Maslaha (public interest)
Qawaid (maxims)
• Hardship calls for license • Dire necessity renders prohibited things
permissible
Terminology • Islamic Bioethics:
– Tied scriptural sources & bearers of tradition with 2 genres
• Fiqhi Literature = permissibility of therapies along an ethico-legal gradient
• Adabi Literature = inculcating of virtue-based practices
• Muslim Bioethics: – Sociological study of how Muslims respond to
ethical challenges with ‘Islam’ as one input
Terminology • Muslim Bioethics:
– Sociological study of how Muslims respond to ethical challenges with ‘Islam’ as one input
• Applied Islamic Bioethics Research: – Bridges Islamic & Muslim bioethics
methodologically – Examining the ways in which material of Islamic
bioethics is understood and applied by consumers
– Examining the translation of biomedical concepts into edifice of Islamic law
End-of-Life Care Ethics
• What are the relevant questions? – Goals of care – Moral culpability of actions
• Patient • Family/Surrogate • Physician
31 % Do Not Know if life support can be discontinued at the end-‐‑of-‐‑life in Islamic law
70% are psychologically troubled by withdrawing life support
54% Brain Death Not = Cardiac Death
31% Do Not Know whether tube feeding can be withheld at the end-‐‑of-‐‑life
National Survey of American Muslim physicians
Harvard Criteria- 1968 • Purpose:
– “…to define irreversible coma as a new criterion for death.”
• Ethical Premise
• Medical care is futile and a waste of resources • Medical experimentation, e.g organ transplant, is ethically
sound in order to bring benefit to others
Constructing Brain Death • Signifies:
– complete loss of the brain’s critical functions – a prognostic masquerading as a diagnostic entity
• It is NOT total brain failure – Pituitary gland, hypothalamus may continue to function – Some brain functions may return
Brain Death • “complete loss of critical functions of the brain” • Conceptualization à Diagnostic Criteria
– Legal Community à Whole-Brain (US) – Medical Community à Brain-Stem (UK) – Philosophers à Higher-Brain
• Brain-death = death in West [cultural consonance?]
Death In the Islamic Tradition • Death is the occasion for several communal and
individual obligations • Theologically
– Legal Death occurs upon departure of the soul
• Dying is not dead – Intermediate states- hayat ghair al mustaqirr
Applying The Verdicts • OIC-IFA – BD is Legal Death
– all vital functions of brain cease irreversibly and the brain has started to degenerate
• IOMS – unstable life – “if a person has reached brain-stem death some of the
rulings of unstable life apply” – Withdrawal of life support is permitted
Ethico-legal Frames • Proponents
– Maslaha used for ‘creating’ BD on account of organ transplant
• Qa’ida- Living take precedence over death – Death determination is purview of MDs
• Detractors – Istishab – presume living until traditional
criteria of death fulfilled • Qa’ida Certainty not eroded by doubt
Jurists’ Concerns
• Is BD truly dead? – Communal Obligations ensue at death – Moral Culpability for quickening death – Medical Certainty
Gaps in OIC-IFA • Vital Functions
– What are the ‘vital’ functions? • Irreversibility
– Some brain functions return – No natural history of BD patients
• Verifying degeneration of the brain – No protocol mandates tissue visualization
Gaps in IOMS
• What are the ‘rights of’ and obligations due to someone in unstable life (dying)?
– What interventions can or cannot be performed? • Maintain life support for pregnancy or organ preservation
Why the Gaps? • Fatawa and their producers
– Practical • Legists use machinary of fiqh to ‘remove’ sin • Deference to ahl al-khibrah for details
– Conceptualization • May occur prior to fatwa and not written into • Or systematized after collation of juridical opinions
performed – Hukm al-shay far tasawurih
When are Muslims obligated to seek treatment?
• Wajib/fard: Care is life-saving AND cure is
certain – Yacoub says this is consensus of early Sunni
jurists
Contemporary Fatwa • Council of the Fiqh Academy (Jeddah) about
medicine: – Obligatory (wajib or fard), if neglecting the
treatment may result in the person’s death, loss of an organ or disability, or if the illness is contagious and a harm to others
– Recommended (mandub), if neglecting the treatment may weaken the body
– Optional (mubah) if not covered by the preceding two cases
– Reprehensible, (makruh) if treatment causes worse complications than the illness itself
When are Muslim physicians obligated to
offer treatment?
When are Muslims obligated to seek
treatment?
Answer: when treatment is “life-saving”
Answer: when treatment is “life-saving”
Other Conceptual Tools • Life-saving in this context
– Quality of life – Mukhallaf status is one where one is liable
and can accrue acts of afterlife benefit • Where there is doubt/difference of opinion
no definite ‘sin’
Social Science
Medical Sciences
Philosophy & Bioethics
Health Policy
Ethics (Adab)
Moral Theology
(usul al fiqh)
Islamic
Law (fiqh, hukm)
Clinical Practice
An Islamic
Bioethics
Discursive Partners
Inputs
Limitations of “Fatwa-Hunting” • Method à “Publication” Bias • Tool for Policy à Context-driven • Ethico-legal Source à subject to the
inherent limitations of the constructs • Recognizing these shortcomings is
necessary for – Avoiding misapplication & misreading
Research Methodology • Level 1:
– Encyclopedia of Islamic Bioethics – Fiqh Academies
• Dar al Ifta Al Misrriyah • Islamic Fiqh Academy of the Muslim World League
(Jeddah) • Islamic Fiqh Academy (India)
Research Methodology • Level 2:
– Review Books by Islamic legal experts – Topical reviews in Islamic Medical and
Scientific Ethics Research Library at Georgetown University
• Level 3: – Individual fatwas or opinion pieces
• Qibla for the Islamic Sciences (formerly Sunnipath) • IslamQA,