We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical responsa—i.e., (...) the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`). (shrink)

This paper provides a perspective on where contemporary Muslim responses to biomedical-ethical issues stand to date. There are several ways in which Muslim responses to biomedical ethics can and have been studied in academia. The responses are commonly divided along denominational lines or under the schools of jurisprudence. All such efforts classify the responses along the lines of communities of interpretation rather than the methods of interpretation. This research is interested in the latter. Thus, our criterion for classification is the (...) underlying methodology behind the responses. The proposed classification divides Muslim biomedical-ethical reasoning into three methodological categories: 1) textual, 2) contextual, and 3) para-textual. (shrink)

In the West there seems to be a clear cut-line between the proponents and opponents of abortion. The former tend to justify their choice by calling for consequentialistic arguments, while the latter are, in huge majority, deontologists. The issue of abortion has been long debated in Islam. Those debates however lacked in intensity and rabidity when compared with their Western counterparts. This article is an attempt to compare the two standpoints and point at the reasons of that discrepancy. The paper (...) begins with a description of two Western ethical frameworks: consequentialism and deontology, which then are linked with two contradictory attitudes toward abortion, i.e. utilitarianism based pro-choice and deontological pro-life that perceives abortion as murder.The nature of Islamic ethics, akhlāk, is elucidated in the next part of the paper. The main sources of moral conduct, i.e., the Qur’ān and the Sunnahare presented and the main concepts, including ḥarām(forbidden) or ḥalāl(allowed) are explained.The forth part deals with moral status of terminating the life of a foetus in Islam. There is a reference to the sources of the creed, namely the Qur’ān, the most relevant ḥadīth and fatwas. There are arguments provided for and against abortion, including the one due to social reasons before the 120th day of pregnancy and a total prohibition after this date.The article is concluded with the statement that various ethical approaches to abortion area manifestation of somewhat different ways of moral reasoning between the West and the Islamic world. (shrink)

In a landmark Fatwa, Saudi Arabia’s highest religious authority—The Council of Senior Scholars—declared the Islamic permissibility of oocyte cryopreservation. The fatwa sanctioned the retrieval, preservation, and future use of oocytes, ovarian tissue, and whole ovaries from cancer patients receiving gonadotoxic interventions. Although momentous, the fatwa’s specification of cancer patients effectively rendered this technology unavailable to others to whom it may be similarly beneficial, including patients with other medical conditions or patients seeking elective cryopreservation. This article argues in favor of widening (...) reproductive choices through expanded access to oocyte cryopreservation in Saudi Arabia—regardless of the underlying cause of infertility—on three grounds: the technology’s compliance with Islamic law, as a matter of fairness in medical practice, and as a means to support the well-being and flourishing of Saudi women within the context of a national societal and economic transformation strategy closely linked to their success. (shrink)

Amal is a 27-year-old woman who has recently been diagnosed with a rare and aggressive type of thyroid cancer.1 She is also 12 weeks into her third pregnancy. Since her diagnosis, Amal and her husband have met with her oncologist multiple times to discuss several treatment options. Amal's oncologist recommends surgical resection of the tumor and radioactive iodine therapy, but that would require termination of the pregnancy, as iodine is contraindicated for pregnant women. Alternatively, Amal may elect to postpone treatment (...) until after her delivery; however, that could result in the growth and spread of the tumor. The oncologist encourages Amal and her husband to take some time to decide. They make plans to meet... (shrink)

Muslim theologians, jurists, and healthcare workers have been addressing the challenges of modern biotechnology for years. Major textbooks on religion and bioethics cover Islam in one or two articles, offering only a general introduction to these important discussions. The five articles in this issue of the "Journal of Religious Ethics", originating from a conference at Pennsylvania State University, are unusual in the specificity of their topics-brain death, feeding tubes, sex selection, spiritual counseling, and organ transplantation-and in their engagement with complex (...) discussions in the Muslim and non-Muslim worlds. In this essay, I introduce the five articles and consider two larger implications: the changing definition of the human person in light of biotechnological advances and the continuing importance of religious traditions, especially Islam, in legitimizing ethical responses to these advances. (shrink)

Islamic religious norms are important for Islamic bioethical deliberations. In Muslim societies religious and cultural norms are sometimes confused but only the former are considered inviolable. I argue that respect for Islamic religious norms is essential for the legitimacy of bioethical standards in the Muslim context. I attribute the legitimating power of these norms, in addition to their purely religious and spiritual underpinnings, to their moral, legal, and communal dimensions. Although diversity within the Islamic ethical tradition defies any reductionist or (...) essentialist reconstruction, legitimacy is secured mainly by approximation of Islamic ethical ideals believed to be inherent in the scriptural texts, rather than by the adoption of particular dogmatic or creedal views. With these characteristics, Islamic (bio) ethics may provide useful insights for comparative ethics and global bioethics. (shrink)

How did premodern Muslim thinkers talk about living authentically as a Muslim in the world? How, in their view, could selves transform themselves into ideal religious subjects or slaves of God? Which virtues, technologies of the self and intersubjective relations did they see implicated in inhabiting or attaining what I shall call ʿabdī subjectivity? In this paper, I make explicit how various discursive, ethical strategies formed, informed, and transformed Muslim subjectivity in early Muslim thought by focusing on the writings of (...) an important ninth century Muslim moral pedagogue, al‐Muḥāsibī (d. 857). This study illustrates the advantages of approaching early Muslim texts and discourses through the tools and methods made available by comparative religious ethics in order to reexamine our understanding of Muslim subject formation and the role of ethical and theological discourses in the same. (shrink)