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Seminar on

Genetics, Genetic Engineering, the Human Genes, and Genetic Treatment - An Islamic Perspective

FINAL STATEMENT
&
RECOMMENDA TIONS

In the name of God; the Merciful, the Conlpassionate

Thanks are due to God, Lord ofall creation. Peace and blessings be upon our Benefactor, Mohammed, who was sent a mercy to all creation, and his family and companions.

In pursuance of the Islamic Organisation for Medical Sciences' efforts in dealing with medical and health issues through an Islamic perspective, as shown in the numerous seminars it has regularly organised. And in view of the tremendous importance of the science of genetics and the scientific avenues it has opened up and their potential applications, with respect to the shaping of the present and future of mankind, the Islamic Organisation for Medical Sciences undertook to hold a special seminar to deal with this issue in depth, and to discuss all the facts and ramifications and possibilities associated with it, from the perspective oflslamic law.

With the grace of God, and under the kind care of His Highness, Sheikh Jaber al-Ahmed al-Jaber al-Sabah, the Emir of the State of Kuwait, the Eleventh Seminar was held in the State of Kuwait, to deal with the subject of: "Genetics, Genetic Engineering, the Human Genes, and Genetic Treatment -An Islamic Perspective"

The Seminar was organised in association with the Islamic Fiqh Academy, Jeddah, the 'it World Health Organisation Regional Office, Alexandria, and the Islamic Education, Science and Culture Organisation (ISESCO), during the period from 23 to 25 Jumada al- Akhirah 1419 AH, corresponding to 13 to15 October 1998. Participants included a host of distinguished Muslim jurists, medical doctors, pharmacists, biological science specialists, and experts in various other human sciences.

The inaugural session was held at the Grand Assembly Hall in the YusefMarzouk Centre for Islamic Medicine and began with a recitation from the Glorious Quran followed by the address of the representative of His Highness Sheikh Jaber al-Ahmed al-Jaber al-Sabah, the Emir of the State ofKuwait, the sponsor of the meeting, given by His Excellency the Minister of Health, Dr Adil al-Subaih. This was followed by the address of the Secretary General of the Islamic Fiqh Academy, Jeddah, given by Dr Mohammed al-Habib al-Khojah, the address of the World Health Organisation, given by Dr Hussain al-Jazaeri, and the address of the Director of the Islamic Education, Science and Culture Organisation (ISESCO), given on his behalf by Mr Najib al-Ghayati. The session was finally addressed by the Chairman of the Islamic Organisation for Medical Sciences, Dr Abdulrahman al-Awadi.


The Seminar resumed its meetings at the Crown Plaza Hotel, and on the first day discussed the scientific aspects of genetic engineering when the Islamic and medical aspects were dealt with. Also discussed were the scientific aspects of the human gene.

An extensive and comprehensive debate followed.
The second day was devoted to studying the Islamic legal aspects of the human gene and the medical and Islamic legal aspects of genetic fingerprints, as well as the importance, effects and risks of medical genetic counselling. The third day was devoted to discussing the Islamic legal aspects of genetic counselling and medical and Islamic legal aspects of genetic engineering. On the third day, and having completed its deliberations, the Seminar issued the following recommendations:

RECOMMENDATIONS

I- General Principles:
1. God has created man in the best form and elevated him above all other creatures. Any tampering with man's basic constituents or subjecting his body to aimless genetic engineering experimentation, would be in violation of man's God-given dignity, as asserted by the Quran (al-Isra 17: 70).
2. Islam is a religion of knowledge and science, as confirmed in the Quran (al-Zumour 39: 9), which imposes no restrictions on constructive scientific research. The outcome and the conclusion from such research should not, however, find their way into implementation
before having considered in the light of Islamic legal principles and so long as they do not violate these principles they should be permitted. Genetic science , and all its ramifications are, like any other field of knowledge, encouraged and supported. by Islam, and Muslim scientists should be at the fore-front of research and inquiry in this field.
3. Islam recommends the safe-guarding of human health, as stated in the Quran (al- Baqarah 2: 195), and the avoidance of harm. Furthermore, treatment is specifically urged by Islam for hereditary as well as acquired diseases and ailments. This in no way conflicts the Islamic teachings of perseverance and acceptance of God's will.
4. Every man, regardless of his genetic features, has the right to have his dignity and rights respected.
5. Nobody's genes should be the subject of research, treatment or diagnosis without having first carried out thorough and rigorous evaluation of the possible risks and benefits associated with such activity, while respecting the precepts of Islamic law in this regard and obtaining prior, conscious and free agreement of the person concerned. If the person concerned is not qualified to give such approval, it must be obtained from his guardian, putting the person's own interest first and foremost. If the person concerned is not in a position to grant his consent, no research on his genes must be carried out, unless this has an immediate and clear benefit for the person's own health.
6. The right of everyone to decide whether to be informed of the results of any genetic diagnosis or its effects, must be fully respected.
7. All diagnosis of preserved genes or genes obtained for research purposes, or any other purpose, must be treated with full confidentiality. No such information must be divulged except in those cases indicated at the Third Seminar of the Islamic Organisation for Medical Sciences on professional confIdentiality, held on 18 April
1987.
8. No-one must be subjected to discrimination of any kind on thebasis ofhis genetic identity, which might be intended to infringe his any ofhis rights or basic freedoms, or undermine his integrity.
9. No research on human genes or the applications of any such research, especially in the fields of biology, genetics or medicine, should take precedence over the rulings of Islamic law and the respect of human rights, basic liberties and human dignity of any individual or group of individuals.
10. Muslim countries are urged to venture into the area of genetic engineering by establishing research centres, working within the directives of Islamic law, to complement one another as much as possible, and grant qualifications to people to work in this field.
11. The Islamic Organisation of Medical Sciences is urged to form committees to study and monitor ethics of medical practice in every Muslim country as a step towards the formation of an Islamic federation for medical ethics in bio-technology .
12. Muslim ulema must prepare and publish research, in a
simplified and accessible form, on scientific facts relating to genetics and genetic engineering and educate and enlighten the public.
13. Muslim countries are urged to include genetic engineering as part of the educational curricula at all levels of education, and give it more prominence at university and higher levels.
14. Muslim countries are urged to give more attention to genetics and genetic engineering in the national public media and give full and adequate coverage of the Islamic view of these sciences.
15 To ask the Islamic Organisation for Medical Sciences to monitor scientifi.c progress in this field and to organise similar seminars to prepare and issue the required recommendations, if necessary.

II The Human Gene:

 The reading of the human gene by mapping out the full human genes is part ofman's endeavour to understand himself and appreciate God's powers of creation, as outlined in the Quran (Fussilat 41: 53). And, since this mapping is one way of understanding some hereditary diseases and man's susceptibility to them, it represents a valuable addition to medical and health sciences in their pursuit of preventing certain diseases and treating them, which Islam encourages and recognises.

III Genetic Engineering:

The Seminar discussed genetic engineering and the reservations surrounding it since it first emerged in the 1970's, regarding the potential risks involved in its unregulated practice. It is seen as a double-edged sword that can be equally used for good or evil.

The Seminar agreed that genetic engineering may be used in the prevention, treatment or alleviation of diseases, whether in the form of genetic surgery in which genes are replaced by other genes or genes are implanted in the patient's cells, or when genes are planted in another body to obtain larger amounts of the same gene to be used in the treatment of certain diseases. Genetic engineering should not be used on germ cells, due to certain reservations from the Islamic legal point ofview.

The Seminar affirms the need for countries, in view of the high cost of such process, to provide such facilities to their nationals who need it, especially those with limited income.


The Seminar also recommends that genetic engineering not be used for any sinister or offensive purposes, or crossing the genes boundaries between various species in order to produce hybrids or merely for sport or scientific curiosity.

The Seminar also recommends that genetic engineering must not be adopted as a means for changing the human genetic constitution, in what is called the improvement of the human breed, or in genetically tampering with the human personality or interfere in man's competence or individual responsibility.

The Seminar warned that scientific progress should not be made open to monopoly or profiteering and so deprive the poor from benefiting from these achievements. The Seminar supports the United Nations Organisation's policy in this regard of establishing research centres for genetic engineering in developing countries and providing the necessary personnel training and facilities for such centres to function.

The Seminar finds no Islamic legal objection to the use of genetic engineering in the fields of agriculture and livestock, without ignoring, however, those voices that have recently warned of possible harmful long-term effects on man, animals, crop or the environment. The Seminar agreed that companies and factories producing animal or plant foods should make it clear to the public w at is being offered for sale of those items that are genetically manufactured. The Seminar also recommends that countries should be fully vigilant in monitoring such products and complying with the relevant recommen-dations and decisions of the American Food and medicine Association, the World Health Organisation, and the International Food Agency.

The Seminar recommends that institutions be established to protect and educate the consumer in Muslim countries.

IV Genetic Fingerprints:
The Seminar discussed the subject of genetic fingerprinting, which is the detailed genetic structure which uniquely identifies every individual. Scientifically, it is an infallible means of determining biological parenthood and establish identity, especially in forensic medicine. It is comparable with the ab olute criteria used by the majority of Muslim jurists in cases other than capital punishment cases. It represents a tremendous advance in the area of "tracking" which is highly valued by the a majority of Muslim jurist schools, provided results are obtained from a number of laboratories.

As for establishing ancestral lineage by the use of genetic engineering, and in view of the divergence of Muslim jurists opinion over this matter and the need for a deeper understanding of the various aspects of this matter, the IOMS agreed that a panel of specialist jurists and scientist be called to discuss the matter and make the appropriate recommendations.

V. Genetic Counselling:

Genetic counselling is aimed at providing accurate knowledge, predictions, and statistical probabilities, while the decis on is left entirely to those concerned and between them and the treating physician, witho t any attempt to influence events one way or another. The Seminar discussed this issue an made the following recommendations:

a. -Genetic counselling service should be made widely available tolamilies orprospective- married couples. Such se ices should be run by qualified specialist staff while the public should be educated their use by all means.
b. Genetic counselling must not be made compulsory, nor should it lead to any compulsory measures.
c. Results of genetic counselli g must be treated with the strictest confidence.
d. Information on genetic cou selling must be made widely available in medical and health institutions and schools, a well as through the mass media and mosques, ensuring proper training and qualification of those who are in charge of that.
e. Since statistical evidence shows that inter-marriage between close relatives, although Islamically permissible, is sually associated with a higher risk of physical defects, the public must be informed so that people can make an educated choice, especially families with a history of genetic disease.

VI Cases in which Genetic diagnosis is compulsory or voluntary:

1. To promote public awareness of genetic diseases and seek to prevent their spread.
2. Encourage people to take genetic tests before marriage by educating the public of this matter through the mass media, public meetings and mosques.
3. Health authorities are called upon to increase the number of human genetics units to provide specialist physicians to give genetic counselling and widen the range of health services provided to pregnant women in the field of diagnostic and treatment genetics with the aim of improving the health of childbearing.
4. No-one must be forced to undergo genetic counselling.

The Seminar takes this opportunity to express its thanks and appreciation to His Highness, the Emir of the State ofKuwait, Sheikh al-Jaber al-Ahmed al-Sabah, may God protect and bless him, for his sponsorship of Islamic cause in general, and his continuous support to the Islamic Organisation for Medical Sciences in particular, as seen in its achievements and activities. The IOMS would like to assure His Highness that it will continue to pursue its work with similar zeal and to implement fully His Highness's advice and recommendations.

The Seminar would also wish to thank His Highness the Crown Prince and Prime Minister of the State ofKuwait, Sheikh Sa ad al-Abdullah al-Sabah, and the government and people of Kuwait for the help and support they have given to the IOMS. The participants sent telegrams of thanks to His Highness the Emir ofKuwait and His Highness the Crown Prince and Prime Minister of the State of Kuwait, and asked Dr. Abdulrahman Abdullah al-Awadi, Chairman of the Islamic Organisation for Medical Sciences, to hand in the telegrams on behalf of the participating organisations.