Islamic Center of Southern California

International Ethical Guidelines for Biomedical Research Involving Human Subjects

(An Islamic Perspective)

The General Principles of Professional Ethics

The General Principles of Professional Ethics

In the Name of God, the Compassionate, the Merciful

The General Principles of Professional Ethics

Foreword

1. Islam does not object to, but rather promotes, medical research. It encourages individuals to get involved in such research, as it has a public benefit and is closely related to a community obligation, which is medical advancement.

2. The guidelines prepared by CIOMS in collaboration with WHO generally conforms with the basic principles inspired by human nature. They are aspects of wisdom, and conforming to them is a requirement of Islamic Law.

3. At the request of the Islamic Organization of Medical Sciences (IOMS), experts of Islamic jurisprudence and of medical, anthropological, and legal studies have reviewed the guidelines in the light of the principles and rulings of Islamic Law in order to point out the Islamic point of view in each guideline, supported by evidence and citations from reliable jurisprudence sources. This undertaking aims at demonstrating that the guidelines are worthy of implementation by governments, medical establishments, and Islamic communities.

4. These guidelines are based on the following major principles:

- respect of individuals (honoring human beings),

- benefit (attainment of benefits and prevention of harm), and

- justice (including the equitable distribution of burdens and of benefits).

One more principle is worth being added to these, and that is

- charity (in the sense of donating more than required by duty and the attainment of equity).

The Islamic Point of View

Concerning The General Principles of Professional Ethics

The first principle, namely the respect for persons in the manner detailed above, is a basic rule of Islamic Law, for this respect is an aspect of the dignity of a human being, which is declared in the Holy Quran, where God says, "We have honored Adam's children" (Al-Israa XVII: 70).

a) In the case of a person with full competence, i.e. one who is capable of self-determination, it is obligatory to respect his autonomy and allow him to make his own choices and to have the full satisfaction and freedom of making the decision that suits him best, without any coercion, deceit, or exploitation. The general rules of Islamic jurisprudence confirm this principle, for one of its provisions is that "No one is entitled to dispose of the right of a human being without his permission." A person's right cannot be annulled without his permission; Islam never annuls human rights.

b) In the case of a person with imperfect or no competence, i.e. one whose autonomy is deficient or lacking, Islamic Legislation observes his need to be protected from other people who might take advantage of his weakness and of misconduct against his own interest, due to being unable to manage his affairs and perceive his interests properly. Therefore, Islamic law prevents his autonomy in managing his affairs and does not hold him responsible for his statements, which might be exploited by others. Thus, the general rules of Islamic jurisprudence stipulate that "A statement of a person unable to act properly cannot be admitted." It also stipulates that a guardian should be chosen to run the affairs and attend to the needs of such a person, safeguarding his interest and protecting him from exploitation by others.

The second principle - which is beneficence in the sense of ethical commitment to maximize benefits, prevent harm, refrain from the deliberate injury of others, and minimize inevitable injury - is also a confirmed rule of Islamic Law. It is covered by the general intent and overall objective of that law, namely "securing benefits for people and protecting them from harm." On this point Al-Qaraafi says, "God the Almighty sent his messengers, peace be upon them, to establish the benefits of people by induction, in the sense that whenever a benefit is discovered it is deemed most likely that it is required by law."

As Judge Ibn Al-'Arabi says, what is meant by "benefit" is "every item that fulfills the rules of the Law and bring a general advantage to people."

On the other hand, it is stipulated in the rules of Islamic jurisprudence that "Every action that leads to harm or prevents a benefit is forbidden." Nor is an instance of harm to be absolutely rejected by reason and law for all times and by all people and entities. This applies to cases of absolute harm.

In cases where benefit and harm are not absolute, the greater, more corruptive harm is prevented through the commission of the lesser one. This is stipulated in the following rules of jurisprudence: (1) "Prevention of the greater of two instances of harms through the lesser one is mandatory." (2) "When there is a conflict between two reprehensive, forbidden, or injurious alternatives and they cannot be both avoided, the less harmful one should be chosen." (3) "The greater of two instances of harm should be prevented by tolerating the lesser one." (4) "When two instances of harm are in conflict with each other, [prevention of] the greater is complied with through the commission of the lesser." (5) "If a less substantial instance of harm and an outweighing benefit are in conflict, the harm is forgiven for the sake of the benefit."

Ibn Taimiyah points out the basis of these rules, saying, "It is not right to ward off little harm with a lot of harm, nor to ward off a less serious injury with a more serious one; Islamic Law calls for recognition and completion of benefits and the prevention and reduction of harm. It requires that priority should be given to one of two benefits, if they cannot both be concurrently pursued, and that the worse of two instances of harm be prevented, if they cannot both be concurrently prevented."

Justice, the third principle, in the sense of the ethical obligation to treat each person in accordance with what is morally right and proper and to give each person what is due to him or her, is likewise an established principle in Islamic Law. It is an application of the principle that justice and equity must prevail. The Law establishes the bases of that principle and regards it as the foundation of righteousness and success in this world. Indeed, the aim of all prophets, messengers of God, and divine books is to make that principle govern human life. God says, "We have sent Our messengers with explicit signs, and sent down with them the Book and the Scale, that people may stand in justice" (Al-Hadeed LVII: 25), which includes equity and fairness.

Ibn Al-Qayyem says, "God makes clear, through the methods He prescribes, that His purpose is to establish equity among people and that they may stand in justice. Any method that brings out equity and justice is in harmony with, rather than in violation of, religious teachings."

In Al-Qawaa'ed Al-Kubra (Major Rules), Al-'Iz Ibn 'Abd Al-Salaam says:

The most inclusive Quranic verse in promoting all benefits and admonishing all harm is that in which God, the Most Supreme, says, "God enjoins justice and charity" (Al-Nahl XVI: 90), where using the definite article before the [Arabic] nouns denoting justice and charity implies generalization and continuity. Every single aspect of justice and charity, whether a small detail or a major part, is included in His command that enjoins charity. Justice means equity and fairness, and charity is either the acquisition of a benefit or the prevention of harm.

1 Ibn Qaddama, Al-Mughni, IV: 552.

2 Al-Kasaani, Badaai' Al-Sanaai', V: 251.

3 Al-Toofi, Sharh Al-Rawdhah, II: 208.

4 Sharh Tanqeeh Al-Fusool, p. 446.

5 Al-Qabas: Sharh Al-Muwatta, II: 779.

6 Al-'Iz Ibn 'Abd Al-Salaam, Al-Qawaa'ed Al-Kubra, II: 158.

7 Al-Toofi, Sharh Al-Rawdhah, III: 379.

8 Al-Nawawi, Tahtheeb Al-Asmaa wa Al-Lughaat, II: 130.

9 Al- Wanshareesi, Eedhaah Al-Masaalek, p. 234; Al-Muqri, Al-Qawaa'ed, II: 456.

10 Ibn Taimiyah, Majmou' Fataawa Ibn Taimiyah, XXIX: 485; Al-Sa'di, Al-Maamool, p. 31.

11 Al-Majallah Al-'Adliyah, vol. 28; Al-Sayooti, Al-Ashbaah wa Al-Nazhaaer, p. 178; Ibn Bakheem, p. 98.

12 Al-Qaraafi, Al-Thakheerah, X: 190.

13 Al-Massel Al-Mardeeniyah, p. 63.

14 Al-Turuq Al-Hakamiyah, p. 13.

15 II: 315. Islamic Center of Southern California