Ethics in Islam Bioethics in Islam

© Affinity Intercultural Foundation Page 1

Written by Mehmet Ozalp

Bioethics in Islam

The value of life

According to Islam, life is the most important aim in the universe and its greatest result. It is the

distilled essence and the most perfect fruit of the universe. Life is seen as a miraculous reality, which

makes the tiniest creature comparable to the whole universe. Life is considered to be the most

extraordinary miracle of Divine power that connects living creatures to every other being in

existence.

In addition to its intrinsic value, life attains a spiritual dimension in the human sphere. Human life is

a great mystery giving rise to thanks, worship, praise and love, which are the most important Divine

purposes in the universe and the most important fruits of the whole tree of creation.

Although Islam treats the life of all creatures as valuable, it gives a greater honour to human life.

Humanity and therefore human life is distinguished from the rest of the creation in three distinct

ways;

1. Humanity is created in the best composition.1

2. Humanity has been given the capacity to learn through reflecting on the universe and thus gain

knowledge of God.2

3. Humanity’s acceptance of God’s trust. This trust is said to be the self-awareness and freedom of

choice enabling humans to develop spiritually, leading to belief in and submission to God willingly

and consciously.3

Islam’s view on euthanasia and abortion

The issues concerning euthanasia, contraception and abortion are related to the competing rights to

life and reproduction.

Islam allows contraception before conception. There are reports from the Prophet Muhammadpbuh

that affirm this. When a follower asked if he could use the popular contraception method of the

time to prevent pregnancy, the Prophetpbuh

allowed him to do so. Muslim scholars are in consensus

that all forms of contraception that do not damage the health and the reproductive capacity of the

person, male or female, are permissible. This is because sexual activity within the confines of a

marriage serves both as a means to continue the family lineage as well as a means to improve and

sustain love and intimacy between the partners in marriage. Since healthy family units are the

foundation stones of a healthy society, the intimacy between partners lies at the core of the family.

Healthy sexual activity within marriage is even considered sacred.

1 Qur’an, 95:4.

2 Qur’an, 2:31-33.

3 Qur’an, 33:72.

Ethics in Islam Bioethics in Islam

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Written by Mehmet Ozalp

Once conception occurs then the principle of the “right to life” steps in. This is because of the fact

that there is now a physical form with all of its characteristics determined (through DNA) by God and

has the potential to be fully human.

There is consensus among Muslim scholars that to end the life of a fully developed fetus is definitely

prohibited. There is also consensus that after four months of pregnancy the embryo becomes a fully

functional human being, which has the right to live. This view is based on the narrative from the

Prophet Muhammadpbuh

that the human spirit enters the fetus about 120 days into the pregnancy.

There are clear injunctions in the Qur’an4 that prohibits the inhumane pre-Islamic practice of

infanticide. Muslim scholars draw an analogy to this injunction and deduce that the abortion of a

fetus older than four months is definitely prohibited. Muslim scholars argue that just as it is a crime

to willingly kill a baby after birth, it is equally a crime to end the life of a fetus while it is in the womb

of the mother. Parents are seen as not having the right to decide whether to abort the life of the

fetus because God is the Giver of Life and Owner of all that exists and only God has sole authority

over life. Just as a normal person has a right to live so similarly does the fetus or the baby have the

right to live. In this respect, Islam protects the life of the unborn child.

There is a difference of opinion among Muslim scholars concerning abortion during the embryonic

stage of the conception, that is, when the embryo is less than four months old and not a fully

functional human being. The Qur’an talks about the changing of the embryo to “another creation”5

and the spirit being given to the embryo at this stage. Some scholars argue that the embryo

becomes human at this stage. Therefore, they condone the abortion of the embryo during the first

four-month period. However, the great majority of scholars are of the view that abortion must not

be undertaken even at this stage because the embryo has the full potential to be a human being if

allowed to develop.

The only exception is in cases where there is a serious health risk to the pregnant woman. In this

case abortion can take place, based on the principle of necessity overriding the general rule as an

exception.6 This is also based on the key Islamic principle that when one is faced with only two bad

choices, one takes the lesser of the two evils. When it is a choice between whether the mother or

the child should live, the decision favours the mother as her death would create a greater negative

impact on the family than an unborn person who does not yet have any social ties. In any case, a

qualified physician objectively makes the decision rather than the emotional parents.

The fatwa of the Islamic Jurisprudence Council of the World Islamic League at its 12th session (10-17

February, 1990) in Mecca, agreed by a majority vote to allow for the option of abortion under certain

specific conditions. The fatwa determined that an abortion may take place only if a committee of

specialized, competent physicians has decided the fetus is grossly malformed, and that its life would

be a calamity for both the family and itself. The malformation must be untreatable, unmanageable

and very serious, and the abortion may only be carried out prior to the 120th day of conception

4 Qur’an, 81:8, 6:151.

5 Qur’an, 24:14.

6 Qur’an, 16:11.

Ethics in Islam Bioethics in Islam

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(computed from the date of fertilization, not the last menstrual cycle). On the basis of this fatwa,

abortions of serious congenital disease are carried out in the hospitals of Saudi Arabia.7

Similarly, a person does not have the right to end his or her life, since God has entrusted life to him

or her for a temporary period. Only God owns the life and therefore has the sole right to end life.

Euthanasia is considered to be suicide, which is a major sin in Islam.

Islam considers suffering in terminal sickness as an opportunity to compensate for one’s past sins or

to rise to higher ranks of spirituality in the Court of God. Although it might be a painful experience,

there is the promise of great reward in the hereafter. The Prophet Muhammadpbuh

says, “the sins of

a person fall like leaves off a tree” if a person endures suffering in sickness. There are also reports

that point to gaining the rank of martyrdom and the reward of Paradise if one is patient in the case

of terminal diseases.

If the person is on life support in a vegetative state or brain dead, then the majority of scholars are

of the opinion that life support can be removed because the person is not aware and life as a place

of trial has ended for him or her. The decision rests with qualified doctors and family members.

Some Islamic principles and rules related to organ transplantation

Islam considers disease as a natural phenomenon. It is not caused by demons, stars or evil spirits.

Indeed, disease is not necessarily caused as a punishment of God. Nevertheless, diseases and

ailments can sometimes be seen as a type of tribulation which expiates sins. Those who forebear

and endure in dignity are rewarded in this world and on the Day of Judgement.

Humanity should seek a remedy for all ailments. Prophet Muhammadpbuh

told Muslims to seek

remedy and treatment.8 He ordered his cousin Sa‘d ibn Abi Waqqas to seek the medical advice of Al-

Harith ibn Khaledah, a renowned physician of his time.9 Further, the Prophet Muhammad

pbuh

declared that there is a cure for every illness, though we may not know it at the time.10

We are

encouraged to search for such a cure.11

New ways and methods of treatment should be searched for

and applied if proved successful. These teachings have been instrumental for Muslims to advance

medicine through the medieval era.

Doing a necessary post-mortem examination or donating organ from a cadaver does not mean

mutilation of the corpse or an act of disrespect. The harm, if any, of removing any organ from a

deceased person should be weighed against the benefit obtained, and the improved life provided,

for the recipient. In short, the principle of ‘saving human life’ takes precedence over the harm that

might befall the corpse provided the corpse is not desecrated, handles and treated with respect.

7 Albar, M.A, Counselling about genetic disease: an Islamic perspective, Eastern Mediterranean Health Journal,

Volume 5, Issue 6, 1999, Page 1129-1133. 8 Ibn Qayyim, 1970, vol.3, p.78.

9 Ibid.

10 Bukhari, 1958 edn, vol.7, p. 148-82.

11 Muslim, 1972 edn, vol.14, p. 191-200.

Ethics in Islam Bioethics in Islam

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In the case of a living donor, the principle of ‘doing no harm’ is invoked. The donor cannot give a vital

organ, risking his own life. That would be an act of suicide, which is considered a detestable sin in

Islam. Donation of an organ whose loss would usually cause little harm or minimal increased risk to

the health or life of the donor is acceptable. It invokes the principle of ‘accepting the lesser one

when faced with two evils’. The harm done by the disease, which can kill a human life, is not to be

compared to the harm incurred by donation.

Organ transplantation is a new modality of treatment that can save many human lives and improve

the quality of life for many others. As noted above Islam encourages searching for cures and urges

Muslims not to despair, for there is certainly a cure for every ailment, albeit we may not know it as

yet. Donation of organs is an act of charity, benevolence, altruism and love for mankind. God loves

those who love fellow humans and try to mitigate their hardships and relieve their misfortunes.

Donation of organs is not an act of transgression against the body. On the contrary, it is an act of

charity and benevolence to other fellow humans, which God loves and encourages. The human

organs are not a commodity. They should be donated freely in expression of altruistic feelings of

brotherhood and love for fellow humans.12

Intention is very important in Islam. Prophet Muhammadpbuh

stated that actions will be judged

according to intentions. Organ transplants are not exempt from this approach to intentions.

Human cloning

Research in this field is still very new. Most Islamic legal experts have not been able to provide

conclusive opinion on this matter. Cloning is divided into therapeutic cloning and reproductive

cloning:

In therapeutic cloning, scientists produce embryos in culture dishes to harvest their stem cells. These

then are used in further research, the long-term goal of which is to produce replacement organisms.

Stem cells are undifferentiated and primitive cells that can be found in embryos as well as in an adult

body. Researchers intend to isolate stem cells so they can serve as a starter stock for growing

replacement nerve, muscle and other tissue that might one day be used to treat patients with

various diseases. In the case of cloning specifically for the purposes of relieving human disease, there

is no ethical impediment to stop such research, whose probable benefit outweighs possible harm

thus, in Islamic tradition therapeutic uses of cloning and any research to further that goal will most

likely receive the endorsement of the major legal schools.

Reproductive cloning on the other hand involves simply copying a body. The idea of human cloning

has been viewed negatively because there are three major subsidiary principles or rules applied to

resolve ethical dilemmas and derive judgments related to all bioethical issues, including cloning:

1. Protection against distress and constriction

2. The necessity to refrain from causing harm to oneself and others

12

Albar, M.A, Organ Transplantation, Fountain Magazine, Issue 12 October - December 1995.

Ethics in Islam Bioethics in Islam

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Written by Mehmet Ozalp

3. The rule that averting causes of harm and corruption has precedence over bringing about

benefit.

In sum, not all genetic engineering applications are prohibited and not all are allowed. Those

directed towards the benefit of the human race are allowed, but those used to fundamentally alter

human nature and God's works are prohibited13

for the reason that the creation of God is in a

perfect balance, interventions might have unforeseen effects.

Donation of a sperm, ovum or pre-embryo, or motherhood surrogacy

Through developments in procreation technology, semen banks and in vitro fertilization projects,

infertile couples in developed countries (or one partner) can get a donated sperm, a donated ovum,

a donated pre-embryo (blastula or morula), or make use of the uterus of a surrogate mother. Islamic

teaching limits procreation to within wedlock, and hence between husband and wife only. There

should be no third party in the process of procreation, i.e. no donated sperm, ova or pre-embryo,

and no surrogacy. Muslim couples carrying a lethal gene or one likely to cause serious disease may

not use any of these technologies. All are refuted by Islamic jurists, who insist that the act of

procreation be limited to spouses alone, without the intervention of third parties.14

Pursuit of having

children should not be at all costs.

13

Sachedina, Abdulaziz, Human Clones: An Islamic View, Fountain Magazine, Issue 26 April - June 1999. 14

Albar, M.A, Counselling about genetic disease: an Islamic perspective, Eastern Mediterranean Health Journal,

Volume 5, Issue 6, 1999, p. 1129-1133.