Islamic Center of Southern California

Introduction to the Research Paper Section

It is an honorable record that the Islamic Organization of Medical Sciences(IOMS) in Kuwait has had since it was established by Dr. Abdul-Rahman Abdullah Al-'Awadhi, may God protect him and handsomely reward the scholars and physicians involved.

Participating in the celebration of the beginning of the fifteenth century of the Islamic Hijri calendar, the IOMS made a great contribution by holding its first conference during the period of 6 - 10 Rabee' I, 1401 H. (12 - 16 January, 1981). A succession of IOMS blessed activities followed, for the enrichment of scholarly knowledge that combines Islamic Law and the facts of life in various fields of medicine and health. The IOMS has raised a number of specific research issues that relate to human existence and future for specialists to look into. Probably some of these issues have been brought to the attention of Islamic law professors for the first time.

The IOMS addressed scores of challenging, complex questions of Islamic jurisprudence (fiqh), recruiting an elite group of specialists and interested scholars, who responded to its call and held twenty-seven scholarly meetings: conferences, seminars, and panel discussions.

No bias characterizes the work of the IOMS. Its approach is that of all Muslims, and it strives to eliminate any borders that set Muslims apart, acting on the belief that "the lowest in rank binds the whole nation with his pledge."

The IOMS strived to get together a team of concerned Muslim physicians from the Americas, Europe, and various other countries of the world and elite groups of scholars of Islamic law and jurisprudence (fiqh), as well as renowned Muslim personalities, to enrich the discussion, search for the truth, and realize general benefit.

The Organization made a point of diversifying the locations of its meetings, which were held in Kuwait, Egypt, Turkey, the United Arab Emirates, Jordan, Morocco, and Pakistan.

Today is the 11th of December 2004 (29 Shawaal 1425 H.), the day on which the IOMS has decided to hold its eighth conference to discuss "The Islamic Document of Medical Ethics," which will be in three parts:

1. Research works that deal with Man within the framework of the International Document of Medical Research;

2. The physician's professional relations with his patients, his colleagues, and society at large; and

3. Recent medical developments and how they are viewed by Islam, based on IOMS discussions in its legal-medical seminars and supported by the views of the Islamic Academy.

In my opinion, the IOMS, through this conference, is making a worthy conclusion of a momentous stage of its glorious history in the service of the venerable Islamic Law. It is also undertaking the task of setting off to a new stage with greater responsibility and more accurate judgment.

In this conference, the Organization is making a record of the yields of its praiseworthy work. It is like writing down the historical minutes of the topics that have opened for hundreds of researchers extensive scientific and scholarly horizons and have enabled scholars of jurisprudence (fiqh), or at least some of their elite, to take a huge cultural stride for which they will always be grateful. They have been unaware of what goes on in the laboratories and research of medicine and allied medical sciences, and, for the first time, they have been introduced, through IOMS seminars, to the facts of animal and human cloning, as well as genetic breakthroughs, the genetic imprint, and genetic guidance and treatment. They have learned the facts related to human milk, fetus, and skin banks, as well as other new developments, all of which require the controls of Islamic Law, with its wise and merciful aim of achieving benefit and preventing harm.

I want to thank the Organization for its confidence in me, as reflected in assigning to me, in the middle of last month, the task of making an inclusive list of the new medical issues that the Organization has dealt with so far; summing up the contents of the papers submitted on these issues and the recorded debates, with the arguments made and the evidence offered to cover each issue comprehensively; and then stating the viewpoint adopted by the IOMS in its recommendations.

I had no illusion that this was an easy task, and the difficulties I expected had several forms, such as the frequent ambiguity in the terminology, due to the various translations used by physicians, and the continuous updating of scientific facts, so that no sooner does a physician make a definite statement in one seminar, he updates it in the following one with new findings in the field.

Another form of difficulty is the impatience of some jurisprudence (fiqh) scholars at the successive scientific developments, particularly in the field of the human genome, opting to suspend discussions until the research in the field settles or until the application of new medical developments becomes common.

I frequently came upon a scholar who argued his position, set down in his paper, with considerable enthusiasm, only to back from that position or modify it, as a result of the heat and natural development of the debate. In fact, a scholar occasionally adopted at one session of the discussion a particular argument, then in the following session, he candidly announced his mistake and espoused a different argument.

These and other similar things did not bother me, and I admit that they rather gave me pleasure as I got so absorbed in examining this unlimited wealth of scholarship that I sometimes forgot to eat, drink, or sleep. In one week, I sorted out eighteen issues of new medical developments.

The truly unpleasant feeling was my fear that the time of the conference would arrive before my task was completed. This fear proved to be justified. His Excellency Dr. Ahmad Rajai Al-Gendy, the Assistant Secretary General of the IOMS, contacted me one week after the assignment of the task to me and while I was working on the eighteenth topic, and asked for a change of methodology. He wanted me, in dealing with the remaining issues, to limit myself to a definition of the question involved and then write down the jurisprudence (fiqh) ruling chosen by the IOMS. He gave me one day or two to finish that task and said I could resume my original methodology when the conference was over. The purpose of this was to give the participants at the conference a chance to have a sufficient idea of all the new medical developments covered by the Organization.

I have been able to finish that task, listing forty topics discussed at the IOMS seminars, in addition to other topics that I covered in brief.

In order that no discrepancy would be detected by the reader between my treatment of the first eighteen issue and the subsequent ones, I summed up the former in order to make the work uniform in the work material offered to the conference participants.

I chose to present these issues in the order of their discussion by the IOMS, unless the nature of the topic warranted a change of that order. An example is the topic of "The Ruling on the Restoration to Life of a Person Whose Brainstem Has Died," discussed in the ninth IOMS seminar in 1996, which I placed before its chronological spot in order to have it follow the topic of "Definition Death Which Terminates Human Life," discussed in the second and fourth seminars of 1985 and 1988, as well as the ninth seminar of 1996.

In arranging the IOMS seminars, I followed the real chronological order, taking into consideration the fact that some errors were made when the minutes of the seminars were published.

I would like to express my thanks to Dr. Ahmad Rajai Al-Gendy and his team, who, have shown their dedication under pressure. They voluntarily gave up their rest and worked on Fridays and throughout the Fitr holiday to ensure the success of this conference and get the material prepared for the participants published. This was a demonstration of love on their part for the Organization whose emblem they wore on their chests.

May God favor with peace and blessings our master Muhammed, his kin and Companions, and all who follows their example until Doomsday.

Sa'd Al-Deen Sa'd Al-Hilaali, Ph.D.

November 23, 2004 Islamic Center of Southern California