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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.
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
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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.
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.
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