Additional Information
Book Details
Abstract
Readership: Researchers and students interested in fields of (Islamic) bioethics, Islamic studies, religion and bioethics, religious ethics, Islam and the West, and intercultural studies.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Contents | vii | ||
| About the Authors/Participants in the Seminar Deliberations | ix | ||
| Introduction | xv | ||
| Part I: Methodological Issues | 1 | ||
| Deliberations within the Islamic Tradition on Principle-Based Bioethics: An Enduring Task | 3 | ||
| 1. The Instrumentalist Approach | 6 | ||
| 1.1. The Pioneering Contributions of G. Serour and K. Hasan | 6 | ||
| 1.2. The Contributions of the Turkish Researchers S. Aksoy, A. Elmali, and A. Tenik | 12 | ||
| 1.3. The Contributions of the Saudi-based Physicians, M. Al-Bar, H. Chamis-Pasha, and A. Al-Bar | 19 | ||
| 1.4. Collective Contributions | 22 | ||
| 2. The Indigenous Approach | 27 | ||
| 2.1. The Pioneering Contribution of the Syrian Religious Scholar Abu Ghudda | 27 | ||
| 2.2. The Contributions of Abdulaziz Sachedina | 29 | ||
| 3. Concluding Remarks: The Unfinished Task | 33 | ||
| The “Bio” in Biomedicine: Evolution, Assumptions, and Ethical Implications | 41 | ||
| 1. Biomedicine: A Brief History | 43 | ||
| 2. The Social Construction of the Body and of Knowledge | 45 | ||
| 3. The Globalization of Biomedicine | 51 | ||
| 4. Bioethics: The Birth of a Field | 52 | ||
| 5. Biomedicine and the Urgent Existential Questions | 59 | ||
| 5.1. “ Brain Death” and What Makes us Human | 59 | ||
| 5.2. Biological “Enhancement” and Transgenetics | 63 | ||
| 6. Muslim Contributions | 65 | ||
| A Maqāṣid-Based Approach for New Independent Legal Reasoning (Ijtihād) | 69 | ||
| 1. Introduction | 70 | ||
| 2. The Higher Objectives of Sharia as a System of Values | 71 | ||
| 3. Differentiating between Changing Means and Absolute Ends | 77 | ||
| 4. A Multidimensional Understanding of “Opposing Evidences” | 79 | ||
| 6. Conclusion | 87 | ||
| Part II: Principles of Biomedical Ethics | 89 | ||
| The Principles of Biomedical Ethics as Universal Principles | 91 | ||
| 1. A Framework of Four Clusters of Principles | 92 | ||
| 1.1. The Origins of Principles in Recent Biomedical Ethics | 92 | ||
| 1.2. Principles as Abstract Norms of Obligation | 93 | ||
| 1.3. A Framework of Principles | 94 | ||
| 2. The Central Place of the Common Morality | 103 | ||
| 2.1. Universal Principles and Rules of Obligation | 105 | ||
| 2.2. Universal Virtues | 105 | ||
| 2.3. Universally Praised Ideals | 106 | ||
| 2.4. Universal Rights | 106 | ||
| 3. Particular Moralities, Moral Pluralism, and Moral Relativism | 107 | ||
| 4. The Specification of Norms and the Preservation of Moral Coherence | 109 | ||
| 4.1. Examples of Particular Moralities and Their Specifications | 111 | ||
| 4.2. Justifying Specifications Using a Method of Coherence | 112 | ||
| 5. Human Rights and Multiculturalism | 114 | ||
| 5.1. Human Rights and Universal Principles | 114 | ||
| 5.2. Multiculturalism as a Theory of Universal Principles | 117 | ||
| 5.3. Are Principles a Disguised Form of Cultural Imperialism? | 118 | ||
| 6. Conclusion | 119 | ||
| Response by Ali Al-Qaradaghi to Tom Beauchamp’s Paper | 121 | ||
| 1. A Historical Perspective | 124 | ||
| 2. The Source and Authority of Ethics | 125 | ||
| 2.1. Violations Associated with the “Active Conscience” Slogan | 126 | ||
| 3. Are The Four Principles All-inclusive and Restrictive? | 128 | ||
| 3.1. The Distinction between Principles and Common Morality | 128 | ||
| 4. Physician’s Internal Morality | 129 | ||
| References Used for this Response | 132 | ||
| The Principles of Biomedical Ethics Revisited | 133 | ||
| 1. Introduction | 134 | ||
| 2. The Four Principles: General Overview | 135 | ||
| 2.1. Respect for Autonomy | 135 | ||
| 2.2. Nonmaleficence and Beneficence | 140 | ||
| 2.3. Justice | 141 | ||
| 3. Principlism as a Method in Bioethics | 143 | ||
| 3.1. Pluralism or Monism | 143 | ||
| 3.2. Hierarchy | 146 | ||
| 3.3. Specification | 147 | ||
| 3.4. Future directions | 150 | ||
| Script of Oral Discussions (Day 1, Session 3) | 153 | ||
| Script of Oral Discussions (Day 2, Session 3) | 177 | ||
| Part III: Islamic Perspectives on the Principles of Biomedical Ethics | 209 | ||
| Ethics in Medicine: A Principle-Based Approach in Light of the Higher Objectives (Maqāṣid) of Sharia | 211 | ||
| 1. The Status of Ethics in Light of Sharia and its Higher Objectives | 212 | ||
| 1.1. Ethics (akhlāq) and Creed (‘aqīdah) Form the Basis of Sharia | 212 | ||
| 1.2. Abundant Texts and Expansive Ethical Discussions | 214 | ||
| 1.3. The Harmony between Ethics and Religion | 214 | ||
| 1.4. Comprehensive Moral Principles in Islam | 216 | ||
| 2. Ethics and Medicine | 220 | ||
| 2.1. Objectives of Sharia and Objectives of Medicine | 220 | ||
| 2.1.1. God-Consciousness is the Source of Ethics | 223 | ||
| 2.1.2. Mercy and Compassion in Medicine and Sharia | 226 | ||
| 3. Conclusion | 231 | ||
| Response by Hassan Chamsi-Pasha to Raissouni’s Paper | 233 | ||
| 1. Islam and Medicine | 233 | ||
| 2. Roots of Medical Ethics in the Qur’an | 234 | ||
| 3. Islam and Secularization | 236 | ||
| 4. The Four Principles | 238 | ||
| 5. Euthanasia | 239 | ||
| Script of Oral Discussions (Day 1, Session 2) | 241 | ||
| Governing Principles of Islamic Ethics in Medicine | 263 | ||
| 1. Morality in Islamic Sharia | 264 | ||
| 2. Definition of Ethics | 266 | ||
| 2.1. Definition of Values, Ethical Values, and Behaviors | 267 | ||
| 2.1.1. Values are categorized as follows | 267 | ||
| 2.1.2. Definition of behaviors | 268 | ||
| 2.2. Properties of Islam, Objectives of Sharia, and their Relationship to Ethics | 269 | ||
| 3. Types of Medical Ethics | 270 | ||
| 4. Islamic Ethics in Medicine | 271 | ||
| 4.1. Acquiring Medical Experience | 271 | ||
| 4.2. Conformity with Standard Vocational Principles | 272 | ||
| 4.3. Sharia-based Knowledge of Rulings Related to the Medical Practice | 273 | ||
| 4.4. God-Consciousness (taqwá) and Watchful Contemplation (murāqabah) of God | 274 | ||
| 4.5. Sincerity in Work | 275 | ||
| 4.6. Modesty towards God and Compassion for Patients | 275 | ||
| 4.7. Truthfulness (ṣidq) and Trustworthiness (amānah) | 276 | ||
| 4.8. Respecting Medical Specializations | 277 | ||
| 4.9. Confidentiality | 278 | ||
| 4.10. Experimentation Cannot Be Done without Patient Consent | 279 | ||
| 4.11. Abiding by Professional Laws and Regulations | 279 | ||
| 4.12. Excellence (Iḥsān) in the Sense of Quality and Perfection | 280 | ||
| 5. Breach of Medical Liability (Medical Malpractice) | 281 | ||
| 5.1\r. Definition of Liability (mas’ūlīyah) | 281 | ||
| 5.2\r. Medical Malpractice | 281 | ||
| 6. The Sharia-Based Deterrents Concerning the Breach of Medical Liability | 283 | ||
| 6.1. The Ruler’s Role in Implementing Penalties | 283 | ||
| Appendix A | 285 | ||
| Appendix B: Resolution of IIFA no. 161 (10/17) Concerning Sharia-Based Standards of Conducting Biomedical Research on Human Subjects | 287 | ||
| Appendix C: The Medical Oath and the Codes of Medical Ethics | 290 | ||
| C.1. The Medical Oath Drafted by Ibn Abi Usaybi‘ah | 290 | ||
| C.2. The Medical Oath for the Islamic Organization for Medical Sciences | 290 | ||
| C.3. Codes and Agreements of the Medical Profession | 291 | ||
| Response by Hassan Chamsi-Pasha to Abu Ghuddah’s Paper | 293 | ||
| 1. Practical Ethics of the Physician ( Adab al-ṭabīb) | 293 | ||
| 2. Preserving Morality and Public Order(ḥisbah) and Medicine | 296 | ||
| 3. Realistic and Evolving Jurisprudence in the Islamic Tradition | 297 | ||
| 4. Confidentiality in the Context of Research | 298 | ||
| Script of Oral Discussions (Day 1, Session 1) | 301 | ||
| Formulating Ethical Principles in Light of the Higher Objectives of Sharia and Their Criteria | 317 | ||
| 1. A Well-constructed Formulation of Effective Ethics in Light of Tremendous Medical Advancements | 318 | ||
| 2. Ethics in Islam: An Overarching Purpose, Not a Means | 320 | ||
| 3. The Foundations of Ethics and their Status in Islam | 321 | ||
| 4. Delineating Ethics According to their Origins | 322 | ||
| 5. The Theory of Drafting Ethical Principles in Light of the Higher Objectives of Sharia | 323 | ||
| 5.1. The Preservation of the Higher Objective of “Religion” | 324 | ||
| 5.2. The Preservation of the Higher Objective of “Life” | 325 | ||
| 5.3. Ethical Principles Associated with Preserving the HigherObjective of “the Intellect” | 327 | ||
| 5.4. Principles of Medical Ethics Associated with the Higher Objective of “Wealth” | 328 | ||
| 5.5. Principles of Medical Ethics Associated with the Higher Objective of “Offspring” | 328 | ||
| 5.6. Principles of Medical Ethics Associated with the Higher Objective of “Honor” | 328 | ||
| 5.7. Principles of Medical Ethics Associated with the Preservation of Communities and Societies | 329 | ||
| 5.8. Principles of Medical Ethics Associated with the State | 329 | ||
| 6. A Summary of the Link between the Principles of Biomedical Ethics and the Higher Objectives of Sharia | 330 | ||
| 7. Normativity and Coherence | 331 | ||
| 7.1. Governing Legal Maxims for Issues of Harm | 331 | ||
| 8. How Should a Physician or Patient Decide Regarding Treatment or Research Experiments? | 333 | ||
| 9. Applying Fiqh of Balances in Decision-Making for Contradicting Cases | 334 | ||
| 10. The Broad Scope of Medical Ethics that Includes Physicians, Patients, and Others | 335 | ||
| 10.1. The Ethics of a Physician: Guidelines and Behaviors | 335 | ||
| 11. Confidentiality | 338 | ||
| Script of Oral Discussions (Day 3, Session 3) | 341 | ||
| Script of Concluding Discussions: Part One (Day 2: Session 1 and Session 2) | 359 | ||
| Script of Concluding Discussions: Part Two (Day 3: Session 1 and Session 2) | 385 | ||
| Conclusion: Critical Remarks | 413 | ||
| Glossary | 419 | ||
| Index | 425 |