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Ethics in Islam
Ethics in Islam
Ethics in Islam
Principles of Islamic Ethics
&
Islamic Law
Ethics in Islam
Introduction
• The purpose of law and ethics is to ensure the well being of
the individual and the community at the same time in a
balanced way.
• Ethics and Law have been developing throughout history.
• Shariah (Islamic law) encompasses ethics and law.
• There are methodologies in place for Islamic
• Ethics and law continue to develop with the new situations
that society faces.
Ethics in Islam
Good, Evil and Human Nature
Ethics in Islam
The Unique Position of a Human Being
• Human being Has been “honoured with goodness”
(Qur’an, 17:70).
• Is created in “the best composition” (Qur’an, 95:3-
6)
• Is created as a “caretaker on earth” (Qur’an, 2:31-
33)
• Has been given “the trust” (Qur’an, 33:72)
Ethics in Islam
Good and Evil
However, humans also have a nafs
(egotistical soul). Although we have the
ability to recognise goodness and strive to
uphold what is right, our choices are
negatively influenced by the emotions, desires
and the selfish impulses of the ego.
Ethics in Islam
Good and Evil
Good & Evil
Self-Evidently
Good
Broad Grey Area
of Good & Evil
Self-Evidently
Evil
Qiyas
Analogical Reasoning
The Qur’an The Sunnah Ijma
Consensus
Ethics in Islam
Aim of Law and Ethics
• Human actions, hence
freedoms, are not
absolute and are
curtailed by self, public
and the law. Islam seeks
a balance between
these three concentric
circles.
Individual Conscience
Public Morality
Law
Ethics in Islam
Individual and Community
• Importance of individual conscience
– Islam cultivates the development of a “sound heart”
because ultimately “only he (will prosper) that brings
to God a sound heart” (Qur’an, 26:89)
• Place of public morality
– “And from among you there should be a party who
invite to good and enjoin what is right and forbid the
wrong and these are those who shall be successful.”
(Qur’an, 3:104)
Ethics in Islam
Individual and Community
• Place of public morality
– “Facilitate (ease) for people and do not make it
difficult for them, and give them good tidings.”
The Prophet Muhammad
• Just as there is individual responsibility for one’s
actions, there is also collective responsibility that
society has towards the individual.
Ethics in Islam
Ethical and Legal Methodology
Ethics in Islam
Shariah
• Shariah means ‘the way’ and ‘source of water’.
• Shariah is understood as God’s Will but the fiqh
(jurisprudence) is the product of the human attempt to
understand God’s Will.
– Some have understood Shariah to be a political system,
while others have understood it be an ideology or simply
a way of life.
• Islam is an all encompassing religion with a
comprehensive law that provide guidance in all key
aspects of life.
Ethics in Islam
Shariah
• Shariah contains both legal rules and ethical
principles. This is indicated by the division of the
Shariah relevant to human action into the categories
of
• Shariah is summed up under four broad categories:
– Aqidah – creed
– Ibadah – religious worship and practices
– Ahlaq – morality and ethics
– Muamalah – human relations
Ethics in Islam
Four Sources of Shariah
1. The Qur’an
As the primary source of God’s revelation, the Qur’an is
the sourcebook of Islamic principles and values. Only
about 80 verses can be considered strictly legal.
2. Sunnah of the Prophet
Words, actions and approvals of the Prophet Muhammad
as the messenger of God.
Ethics in Islam
Four Sources of Shariah
3. Analogical Reasoning (Qiyas)
Extending established legal precedence to new matters
by identifying an operative cause applicable to both
situations.
4. Consensus (Ijma)
Consensus of the community of scholars over a solution to
a legal and practical issue is the third source of the law.
When a certain ruling lasts the test of time, more and more
jurists as well as people accept the ruling making it a
consensus.
Ethics in Islam
Islamic Law and Society
Ethics in Islam
Principles of Islamic Jurisprudence
The principles help to:
• Obtain adequate knowledge of the sources of
Shariah.
• Obtain adequate knowledge of the methods
of juristic deductions.
Ethics in Islam
Principles of Islamic Jurisprudence
The principles help to:
• Obtain adequate knowledge of the sources of
Shariah.
• Obtain adequate knowledge of the methods
of juristic deductions.
Ethics in Islam
Principles of Islamic Jurisprudence
• There are three layers of objectives and principles
that give a clear methodology to law.
• Firstly, there is an overall purpose for Islamic law.
– ‘to promote good and to benefit human beings
and to protect them from evil, from harm and
from subsequent suffering’ – Ash-Shatibi (d. 1388)
• Secondly, law and ethics must protect the following
five basic human rights.
Ethics in Islam
Principles of Islamic Jurisprudence
1. Life – every person has a right to live in safety and
earn his or her livelihood.
2. Property – owning and preserving one’s personal
property is a fundamental right.
3. Human mind – no one, including the self, society
and state, should coerce or remove the ability to
think freely.
4. Belief & religion – there is no compulsion in religion
and every person has a right to keep and pass
their religion to future generations.
5. Family and lineage – humans have the right to
raise a family.
Ethics in Islam
Principles of Islamic Jurisprudence
• Thirdly, Muslim jurists also take into account
important methodical principles that are utilised
when addressing ethical problems.
– Everything is allowed (halal) unless otherwise stated.
– If there are options, select the one easiest for
people.
– Prevention of harm has greater priority than
achieving benefit.
– That which leads to haram (prohibited) is also haram
(prohibited)
– Prefer lesser of the two evils
– Doubt does not remove the certainty
– That which is necessary to achieve an obligation is
obligatory.
Ethics in Islam
Loss of Dynamism
• Until 20th century, Shariah has been a universal legal and
ethical system transcending cultural and national
borders. Shariah in the modern world remains relatively
underdeveloped mainly because:
1. The closure of the gates of ijtihad (deductive reasoning)
stalled the development of Shariah.
2. European Colonisation of the Muslim world in the 19th
century has caused an abrupt halt in the development
and application of Islamic law.
3. Relegation of religious authority of scholars by
authoritarian regimes in 20th Century to stop claim for
justice and freedom.
Ethics in Islam
Contemporary Issues
• When an action is mentioned in the Qur'an or
hadith, the correct action to be taken by a Muslim
is considered to be straightforward.
• However, when there is no direct mention of a
phenomenon, contemporary Islamic scholars must
arrive at a religious judgment through
interpretation, analogy, and personal reasoning, a
process known as ijtihad.
• A scholar who carries out ijtihad is known as a
mujtahid.
Ethics in Islam
Fatwa’s
• Judgments are regularly made by leading religious
authorities, who issue fatwas, or nonbinding religious
opinions.
• A religious scholar who makes a fatwa is called a
mufti.
• A mufti interprets whether a behaviour or action falls
into one of these five categories, according to the
Islamic shariah:
– obligatory (wajib)
– recommended (sunna)
– permitted (halal)
– undesirable but not forbidden (makruh)
– forbidden (haram)
Ethics in Islam
Various Fatwa’s on the Same Matter
• There can be various fatwa’s on the same matter.
• However, usually the majority of scholars would
agree on a matter over time. This is what we refer to
when we say “consensus of the community”.
• For example, the first fatwa on medically assisted
reproduction was delivered on March 23, 1980. This
fatwa has been upheld by other fatwas issued since
1980 in Egypt, Saudi Arabia, and other Muslim
countries, and has achieved wide acceptance by
the Muslim community.
Ethics in Islam
Fatwa’s that are taken seriously
• A fatwa is taken seriously if it is given by qualified
jurists and is accepted by a significant number of
jurists.
• Having one jurist declare a fatwa on a particular
topic does not mean that all Muslims will follow by
default.
Ethics in Islam
Islamic
Term
English Term Definition Pointer Example
Fard or
Waajib
Compulsory Commandments of God
which are based on
evidence from the sources
of Islam
have to do - Fasting during
Ramadan
- Looking after parents
Sunnah Recommended Acts, verbal advice and acts
approved by Prophet
Muhammad
should do
(good to do)
- Fasting Monday’s
and Thursday’s
- Giving gifts
Makrooh Disliked Acts that are disliked in Islam
and technically contradict
the practice of Prophet
Muhammad
should not do - To fast for the whole
year
- Smoking (some
scholars – prohibited)
Haram Forbidden Acts decisively forbidden by
Islam
must not do - Fasting on the day of
Eid
- Murder
- Theft
Halal Permissible Anything permissible, in
contrast to haram. Includes
human behaviour,
communication, clothing,
conduct, manner and
dietary laws.
can do - Anything not haram
Ethics in Islam
Environmental Ethics
in Islam
Ethics in Islam
Humanity and the Environment
• We live on earth and inevitably interact with the
environment.
• Not being part of the ecosystem, the result of our
inevitable interaction with the environment is in the form
of consuming its value-added products without returning
any tangible value.
• Humanity depends on the environment but the
environment does not depend on humanity.
Ethics in Islam
Protecting the Environment
• Since the environment does not depend on
humanity, the only real value we can add to the
environment is protecting and preserving it by
minimising damage human activity inflicts on the
environment.
Ethics in Islam
Environmental Protection
• Current environmental arguments are based on
human benefits:
o Global warming
o Pollution causes health problems – asthma, diseases,
water-related diseases, acid rain.
o Nowhere to put our waste.
Ethics in Islam
We Only Take Care of Things we
Perceive as Valuable
• To protect the environment, man must see it as
valuable.
• Islam asserts that all life is special and valuable
because it is the life and the art displayed by each
creature that connects it to the Divine.
• To a Muslim, God has created this universe like a
majestic palace and wonderfully decorated with His
works of art.
• Therefore, in Islam, the natural
environment and animal forms
are valuable.
Ethics in Islam
Caring for the Environment
• There are about 500 verses in the Qur'an giving us
guidance on care of the environment (Khalid &
O'Brien,1992).
• There is an abundance of hadith concerning plants,
trees, land cultivation, irrigation, crops, livestock,
grazing, water distribution, treatment of animals etc
(Haq, 2001).
Ethics in Islam
The Environment - Creation
• The Qur’an tells us that human beings are created
from an earthly essence and more generally that
every living being is created from water.
“...the heavens and the earth were joined together as
one united piece, then We parted them? And We have
made from water every living thing....”
(Qur’an, Prophets, 21:30)
• Therefore, we have a common physical existence
with everything else on earth.
• There is also a law of interdependency between all
natural elements and if humans abuse one element,
the natural world as a whole will suffer the direct
consequences.
Ethics in Islam
Value Given to Creation
• Not only is there a commonality with all creation, but
the following verse highlights the value given to the
creation of the environment:
“The creation of the heavens and the earth is indeed
greater than the creation of mankind; yet, most of
mankind know not.”
(Qur’an, 40:57)
Ethics in Islam
Everything Praises God
• The Qur’an also talks about how everything that is in
the heavens and the earth praise God:
“Glorify Him and there is not a thing but glorifies His
praise. But you understand not their glorification..”
(Qur’an, 17:44)
• If a tree praising their Lord or if animals are praising
their Lord, then how must they be treated?
Ethics in Islam
Human Beings: Vicegerent on Earth
• One of the roles given to humanity in the Qur’an is that
of vicegerent – caliph – on earth; a caretaker, a
deputy.
“Remember (when) your Lord said to the angels: "I am
setting on the earth a vicegerent (guardian)”...."
(Qur’an, The Cow, 2:30)
“Do you not consider that God has made all that is on
earth to be of service to you...”
(Qur’an, The Pilgrimage, 22:65)
Ethics in Islam
Be a Guardian Means Accountability
• Being a guardian means having authority but this is
not an unconditional authority, as accountability is a
natural consequence of authority.
• Therefore, Islam teaches that on the Day of Judgment
humanity will be questioned about their treatment of
animals and the environment as well.
Ethics in Islam
Waste Minimisation
The Qur’an talks about how God does not like those
who waste:
• “... Eat of their fruits when they come to fruition, and
give (to the poor and the needy) the due thereof on
harvest day. And do not be wasteful; indeed He
(God) does not love the wasteful.”
(Qur’an, The Cattle, 6:141)
• “O children of Adam! Dress cleanly and beautifully
for every act of worship; and eat and drink, but do
not be wasteful: indeed, He does not love the
wasteful.”
(Qur’an, The Elevated Places, 7:31)
Ethics in Islam
Water Conservation
• Islam forbids extravagance in using water. It is related
that the Prophet Muhammad passed by his companion
Sa’ad, who was performing his wudhu’ (ablution), and
said:
“What is this wastage, O Sa’ad?”
“Is there wastage even in washing for prayer?” asked
Sa’ad; and he said,
“Yes, even if you are by a flowing river!” (Hadith)
Ethics in Islam
Considering Future Generations
• Prophet Muhammad (peace be upon him)
recommended that we “lay in the ground the plant
at hand even if it is the Last Day” on earth.
• While people are being encouraged to plant a tree,
this is not to be done for an immediate benefit, but for
the benefit of future generations.
Ethics in Islam
Showing Kindness to All
• The Prophet Muhammad (pbuh) enjoined people to show
kindness not only to each other but also to all living souls.
• If he saw any animal over-loaded or ill-fed he would
advise the owner; “fear God in your treatment of animals.”
• Once, seeing someone call his horse using deception, he
said:
“You should give up deceiving animals. You should be
trustworthy even in your treatment of them.”
Ethics in Islam
Animals
• Prophet Muhammad said, “There is a reward for serving
any animate (living being).”
• Numerous other hadiths about not overburdening
animals, not causing it any harm, not killing an animal's
young within sight (Dien, 2000).
• Are we treating animals fairly
when we destroy their homes?
Ethics in Islam
Harm vs Benefit
• Hadith – “The merit of utilisation lies in the benefit it
yields, in proportion to its harm”.
• Can be applied to technology, the plastic bag,
disposable cups, plates.
Ethics in Islam
History of the Islamic World
• The value given to creation, gave Muslims the impetus
to preserve the environment and to get a good
record for their treatment of wildlife and domestic
animals.
• During the Ottoman reign (1299–1923), comprehensive
waste and environmental management regulations
were stipulated as early as 1539.
• In 1502, local government legislation regulated the
loads of animals and the number of days they could
be worked in a week.
– Centres for animals.
Ethics in Islam
It’s about the Ego
• Muslim academics have argued that the ecological
crisis is a result of human greed and selfishness.
(Ammar, 2004, Khalid & O'Brien, 1992).
• Our misuse of the environment is our ego continually
wanting more.
• The environment is another test for our ego and we
seem to be failing the test at the moment...
Ethics in Islam
References
• Ali, Y. (2005). The Meaning of the Holy Qur'an. Kuala
Lumpur: Secretariat for Asia Assembly of Ulama'.
• Dien, M. (2000). The Environmental Dimensions of
Islam. England: Lutterworth Press.
• Haq, S. (2001). Islam and Ecology: Toward Retrieval
and Reconstruction. Daedalus, 130(4), p141-177.
• Khalid, F. & O’Brien, J. (1992). Islam and Ecology.
New York: Cassell.
• Ozalp, M. (2004). Islam in the Modern World. Istanbul:
Journalists and Writers Foundation Publications.
Ethics in Islam
Bioethics in Islam
Ethics in Islam
Human Life
Ethics in Islam
ِ‫م‬ِِ ْ َ‫ج‬ ْ ْ‫ِئ‬ ٍَِ ‫ج‬ْ‫ج‬َِ ْ ْ‫ج‬ٍَِْ ْ‫ج‬ََِْ ‫ل‬‫ج‬َِْ ‫ا‬ْْ ْ‫ج‬َِ‫ج‬ِ‫ج‬َ‫ج‬َِ‫ن‬‫ج‬‫م‬ُِ‫ه‬َ‫ج‬َِ‫ج‬ِ‫ل‬ِ‫ئ‬‫ج‬َْ ِِْ َ‫ج‬ِْٰ‫ج‬َ‫ج‬َِ ‫ج‬َْ ْ‫ج‬َ‫ج‬َِ‫ج‬َِ‫ج‬َِِْٰ ْ‫ج‬َِ ْ ‫ن‬
‫ا‬‫ع‬‫ل‬‫م‬‫ج‬ِْ ‫ج‬ٍ ‫ه‬َِ‫ِئ‬ ‫ج‬‫ل‬ ْ ‫ح‬‫ج‬َِ ‫ج‬‫م‬‫ه‬َ‫ج‬‫أ‬‫ج‬َ‫ج‬َِ ‫ج‬‫ه‬ ‫ج‬‫ل‬ ْ ‫ح‬‫ج‬َِ ْ ‫ن‬‫ج‬‫م‬ ‫ج‬ِْ ‫ا‬‫ع‬‫ل‬‫م‬‫ج‬ِْ ‫ج‬ٍ ‫ه‬َِ‫ِئ‬‫ج‬ِ‫ج‬َ‫ج‬َِ ‫ج‬‫م‬‫ه‬َ‫ج‬‫أ‬‫ج‬َ‫ج‬َِ ‫ج‬َََِْْ ‫م‬‫ه‬ْ َ‫ج‬‫ء‬ ‫ج‬ِْْ ٍ‫ج‬‫ق‬‫ج‬ِ ‫ج‬ِْۚ
﴿ِ ‫ج‬‫ْن‬ََْ ْ‫م‬‫ج‬ِِِ ْ َ‫ج‬ ْ ْ‫ِئ‬ َِ‫ج‬َِ‫ج‬َِٰ‫ٍج‬ْ ‫ع‬‫ج‬ِْ‫م‬‫ه‬ْ َِّ‫م‬ِ‫ئ‬‫لَا‬‫ث‬‫ج‬َِ ‫نه‬ِِ‫ه‬‫م‬‫ِث‬‫ت‬ ‫ج‬َِّ‫ل‬‫ج‬ْْ ِ ْ٣٢﴾
“... that if anyone killed a person not in retaliation of murder, or to
spread mischief in the land- it would be as if he killed all mankind,
and if anyone saved a life, it would be as he saved the life of all
mankind...”
(Qur’an, Al-Maidah, 5:32) (Tr. Y. Ali)
• According to Islam, life is sacred and the entire universe results
and supports human life.
• Although Islam treats the life of all creatures as valuable, it
gives greater honour to human life.
Human Life
Ethics in Islam
Human Life
• “Indeed, your blood and your property and your
honour are inviolable, like the inviolability of this day
of your and this month of your and this land of your
until the day you meet your Lord.”
(Bukhari and Muslim)
Ethics in Islam
Human Life
Humanity and therefore human life is distinguished from the
rest of the creation in three distinct ways;
• Humanity is created in the best composition.
“Verily, We create man in the best conformation.”
(Qur’an 95:4)
• Humanity has been given the capacity to learn through
reflecting on the universe and thus gain knowledge of God.
(Qur’an, 2:31-33)
• Humanity’s acceptance of God’s trust. This trust is said to be
the self-awareness and freedom of choice enabling humans
to develop spiritually.
(Qur’an, 33:73)
Ethics in Islam
Islamic Principles Related to Bioethics
• Islam made it an obligation upon the sick to seek
treatment.
• Human life is sacred. The saving of one life is
regarded to be the same as saving the life of all of
humanity.
• For every ailment (except old age) there is a
remedy.
• When confronted with two evils, the lesser evil is
preferred.
Ethics in Islam
Islamic Principles Related to Bioethics
• God does not burden a soul greater than what it
can bear.
• Patience is recommended for adversity,
thankfulness for blessings.
• Suffering compensates for one’s sins or elevates
one’s spiritual degree.
• Necessity can remove a prohibition temporarily for
as long as necessity is removed.
• Actions will be judged according to intentions.
Ethics in Islam
Euthanasia, Contraception and
Abortion
Ethics in Islam
Euthanasia
ِ‫لت‬‫م‬‫ل‬ ‫ج‬ِْ ‫ل‬ ْ ‫ح‬‫ِل‬ُ‫ـ‬‫ه‬َِ‫ئ‬ ‫ج‬َِْ‫ل‬‫ص‬‫ج‬ِْ ‫ج‬‫ْن‬َ‫ج‬‫م‬ْ ‫ع‬‫ج‬َِ ‫ج‬‫م‬ُِْ‫ـ‬‫ه‬َِ‫ئ‬ ‫ج‬ِْۚ
“It is Allah that gives Life and Death, and
Allah sees well all that you do.”
(Qur’an, 3:156)
• The issues concerning euthanasia,
contraception and abortion are
related to the competing rights to life
and reproduction.
Ethics in Islam
Euthanasia
• People who support euthanasia usually do so
because of the pain suffered by the patient, thus
using the phrase “mercy killing”.
– Should the focus be pain management instead?
– On the other hand, does this mean we postpone death
by using every means of treatment available?
• A person does not have the right to end his or her life,
since God has entrusted life to him or her for a
temporary period. Only God owns the life and
therefore has the sole right to end life.
• Euthanasia is considered to be suicide, which is a
major sin in Islam.
Ethics in Islam
Perception of Illnesses
ِ﴿ِ ‫ج‬‫ْن‬‫ع‬ْ‫ئ‬‫ج‬َُِْ ‫ل‬‫ج‬ِِِ ‫ه‬َِ ‫ج‬ُِْ‫ـ‬‫ه‬َِِ ‫ه‬َِِ‫ْئ‬ِ ‫ج‬َِ‫ة‬‫ج‬ْ‫ل‬‫ُّص‬‫م‬ِ‫م‬‫ه‬ْ َ‫ج‬ْ ‫ج‬‫ص‬‫ج‬َِ‫ئ‬‫ج‬َِِٰ ‫ج‬‫لن‬َٰ‫ه‬ِ‫ئ‬١٥٦ِ﴾
“Who say, when afflicted with calamity: "To Allah We belong, and to
Him is our return.” (Qur’an, Al-Baqara, 2:156) (Tr. Y.Ali)
﴿ِ‫لن‬‫ق‬ْ ْ‫ج‬‫ل‬ ‫ج‬ِْ َ‫م‬‫ع‬ْ ‫ط‬‫ِل‬ ‫ج‬ْ‫ه‬٧٩﴿ِ‫لن‬ْْ ‫ش‬‫ج‬‫ل‬ِ ‫ج‬ْ‫ه‬‫ج‬َِ‫ت‬ْ ‫ض‬َ‫ج‬‫م‬ِ‫ئ‬‫ج‬َِٰ ‫ج‬ِْ﴾٨٠﴾
“Who gives me food and drink. And when I am ill it is He Who cures
me.” (Qur’an, Ash-Shu'ara, 26:79-80) (Tr. Y.Ali)
Islam considers suffering and illness as an
opportunity to compensate for one’s past
sins or to rise to higher ranks of spirituality in
the Court of God. Although it might be a
painful experience, there is the promise of
great reward in the hereafter.
Ethics in Islam
Hadith on Suffering
• “When Allah desires good for one of His
servants, he visits him with a calamity in
this world.” (Hadith)
• “As ripe fruits fall as a tree is shaken, so
the sins of a believer fall away on his
shaking with illness.” (Bukhari, Muslim)
• “Allah allows a believer to shed his sins
through every disaster visited on him,
even if it is being pricked by a thorn.”
(Hadith)
• Those afflicted with the severest trials
are the prophets, then the saints and
those like them. (Ibn Maja, Musnad)
Ethics in Islam
Contraception
• Most scholars are of the view that all
forms of contraception that do not
damage the health and the
reproductive capacity of the
person, male or female, are
permissible in Islam.
• Once conception occurs, then the
principle of the “right to life” steps in.
This is because of the fact that there
is now a physical form with all of its
characteristics determined (through
DNA) by God and has the potential
to be fully human.
Ethics in Islam
Abortion
• There is a difference of opinion among Muslim scholars
concerning abortion during the embryonic stage of the
conception, that is, when the embryo is less than four
months old and not a fully functional human being.
• “Each of you is constituted in your mother’s womb for
forty days as a nutfa, then it becomes an alaqa, for an
equal period, then a mudgha for another equal
period, then the angel is sent, and he breathes the soul
into it.”
(Hadith)
Ethics in Islam
Abortion
• However, the great majority of scholars are of the
view that abortion must not be undertaken even at
this stage because the embryo has the full potential
to be a human being if allowed to develop.
Ethics in Islam
Abortion
• Therefore most scholars are of the view that it is a
crime to end the life of a fetus while it is in the womb
of the mother.
• Parents are seen as not having the right to decide
whether to abort the life of the fetus because God is
the Giver of Life and Owner of all that exists and only
God has sole authority over life.
• There are exceptional situations where abortion is
permissible.
Ethics in Islam
Exception to Abortion
If there is a serious health risk to the pregnant
woman, abortion can take place, based on:
• The principle of necessity overriding the general
rule as an exception.
• The key Islamic principle that when one is faced
with only two bad choices, one takes the lesser of
the two evils.
Ethics in Islam
Exception to Abortion
• When it is a choice between whether the mother or
the child should live, the decision favours the
mother as her death would create a greater
negative impact on the family than an unborn
person who does not yet have any social ties
• In any case, a qualified physician objectively
makes the decision rather than the emotional
parents.
Ethics in Islam
Advancements in Technology and
Bioethics
Ethics in Islam
Genetic Engineering
• Not all genetic engineering applications are
prohibited and not all are allowed. Those directed
towards the benefit of the human race are allowed,
but those used to fundamentally alter human nature
and God's work are prohibited.
Ethics in Islam
“For every ailment (except old age) there is a remedy.”
(Hadith)
• Human cloning is prohibited. “a single-cell production will not
be considered a proper production and it will not be allowed
for a woman to carry the embryo produced from a single cell
of even her husband or herself.” (Siddiqi, 1997, p. 2)
• “As long as the crucial factor of familial heredity is
guaranteed, both Sunni and Shi’i scholars will, by and large,
permit the therapeutic uses of cloning.” (Kyriakides-Yeldham)
Cloning
Ethics in Islam
Stem Cell Research
• It is claimed by the experts in the field that the research on
stem cells has great potential to relieve human disease and
suffering. If this is the case, according to Islam, it is not only
allowed but such research is encouraged.
• Most scholars are of the view that the use of embryonic stem
cells should be very heavily limited. Only allow isolation of
stem cells from frozen embryos that were created for the
purpose of in vitro fertilisation and would otherwise have
been destroyed.
• Obtain full consent from the donors.
• Provide safeguards against monetary compensation to
embryo donors and against the creation of embryos in
excess of what is required for in vitro fertilisation.
Ethics in Islam
Biotechnology
Ethics in Islam
Biotechnology
• All biotechnological procedures, such as cloning and
genetic engineering, are evaluated based on
whether they bring benefit to a human being.
• Also key principles should not be violated.
Ethics in Islam
Conception
‫ء‬ ‫ج‬ٍَُِّ‫ِئ‬‫لع‬‫م‬‫ج‬ِْ‫ج‬َ‫ه‬َِِ‫ا‬‫ة‬‫ج‬ِّْ‫ل‬‫ج‬‫ط‬ِ‫ا‬‫هة‬‫ل‬ََِِّٰ‫ج‬َْ ٍَ‫ه‬ِِ‫ن‬‫ِم‬ ِِ ْ ‫ب‬‫ج‬‫ه‬ِِّ‫ب‬‫ج‬َِ‫ج‬ِ ‫ج‬َُِ‫ه‬ْ‫ج‬َِ ‫ه‬‫ل‬َ‫ج‬َ‫ج‬‫ِز‬ ‫ج‬َ‫ج‬ٍِ‫ج‬َِ ‫ج‬َ‫ه‬
“There did Zakariya pray to his Lord, saying: "O my Lord! Grant onto
me from Thee a progeny that is pure: for Thou art He that heareth
prayer!”
(Qur’an, Al-Imran, 3:38) (Tr. Y.Ali)
• To have a child is seen as a great blessing from God. Seeking
a remedy for infertility is therefore quite legitimate for Muslims
and is not considered as rebellion against the fate decreed
by God. Prophets of God who were childless incessantly
asked their Lord to give them children, and the Qur’an tells
us time and again about the keen prayers of Abraham and
Zachariah in this respect.
Ethics in Islam
Procreation within Wedlock
• Islamic teaching limits procreation to within wedlock,
and hence between husband and wife only. There
should be no third party in the process of procreation,
i.e. no donated sperm, ova or pre-embryo, and no
surrogacy.
ِْ ‫م‬‫ه‬‫ج‬َْ ٍ‫ج‬ِ ‫ج‬ِْ ِ ‫ه‬‫ِئَِّل‬ ‫ه‬‫َّل‬ِِْ ‫م‬‫ه‬َ ‫ج‬‫ه‬‫ه‬‫م‬َِ ْ ‫ن‬ِ
“...None can be their mothers except those who gave them birth...”
(Qur’an, Al-Mujadilah, 58:2) (Tr. Y.Ali)
Ethics in Islam
Procreation
Muslims are reminded that ultimately, God determines
who will be able to have children and who won’t. Having
said that, couples are encouraged to seek treatment.
ِِ  ْ َ‫ج‬ ْ ْ‫ئ‬ ‫ج‬ِْ‫ئت‬ ‫ج‬ْ ‫ج‬‫م‬‫ه‬ِْ‫ِئ‬َْ َ‫ِم‬ُ‫ـ‬‫ه‬َِِِّ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ ‫ج‬‫م‬ِ‫ق‬َ ْ ‫خ‬‫ج‬‫ل‬ِِۚ‫ب‬‫ج‬‫ه‬‫ج‬‫ل‬ ‫ج‬ِْ ‫ا‬‫ث‬ ‫ج‬َِِ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِِ‫ب‬‫ج‬‫ه‬‫ج‬‫ل‬ِۚ
﴿ِ‫ج‬َََُِّْٰ‫ِئ‬‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِ٤٩‫ا‬‫ث‬ ‫ج‬َِ ‫ج‬ِْ ‫ا‬َ‫ئ‬‫ج‬َْ ََِْٰ ‫م‬‫ه‬ْ ِّْ‫ج‬‫ز‬‫ِل‬ ْ ْ‫ج‬َِ﴾‫ا‬‫م‬‫ل‬‫ق‬‫ج‬َِ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِِ‫ج‬‫ع‬ ْ ْ‫ج‬‫ل‬ ‫ج‬ِِْۚۚ
﴿َِ‫ل‬ٍ‫ج‬َِ‫لم‬َ‫ج‬َُِ‫ه‬َِ٥٠﴾
“To Allah belongs the Kingdom of the heavens and the earth. He
creates what He wills. He bestows female (offspring) upon whom
He wills, and He bestows male (offspring) upon whom He wills. Or
He bestows both males and females, and He renders barren
whom He wills. Verily, He is All-Knower and is Able to do all things.”
(Qur’an, Ash-Shura, 42:49-50) (Tr. M.M. Khan)
Ethics in Islam
IVF
• The Islamic ruling on IVF is consistent with rulings on
reproduction in general. The procedure is Islamically
acceptable and commendable, but only if it solely
involves husband and wife and if it is performed during
the span of their marriage.
Ethics in Islam
Surrogacy
Ethics in Islam
Surrogacy – who is the mother?
• The one who gave the ovum, that is the genetic
material?
or
• The one who carried the baby through pregnancy
and gave birth to it?
Ethics in Islam
Qur’an: mothers are those who give birth
to a child
• “...None can be their mothers except those who
gave them birth...” (Qur’an, Mujadilah, 58:2)
• "And we have enjoined on man (to be good) to his
parents, in travail upon travail did his mother bear
him and in years twain was his weaning. (hear the
command): Show gratitude to me and to your
parents. To Me is your final goal." (Qur’an, Luqman,
31: 14 )
• "We have enjoined on man kindness to his parents
(because) in pain did his mother bear him and in
pain did she give him birth...“ (Qur’an, Ahqaf, 46: 15)
Ethics in Islam
Challenges that come with Surrogacy
• According to these verses, the one who bears the
child and gives birth is the mother.
• In case of surrogacy, the surrogate mother is the
mother with a lesser share of motherhood by the
woman whose DNA is used.
• Therefore, surrogacy creates uncertainty about who
the child’s mother actually is. Both the one who
provides the genetic material and the one who
bears the child would have rights over the child as
mothers.
Ethics in Islam
Challenges that come with Surrogacy
• With this uncertainty comes other issues and two of
the five fundamental rights are violated:
– Lineage – the child has a right to have and know a
single mother and father. The family structure will also
be altered with surrogacy. Since a woman outside of
marriage is involved the child born will be considered
illegitimate.
– Property – Both mothers would have rights to
inheritance which would violate the inheritance rights
of everyone in the family.
• The ethics of surrogacy for money is also a problem.
Ethics in Islam
Islamic Fatwa on Surrogacy
• In a symposium on "Reproduction in the Light of
lslam" (Islamic Organization of Medical Sciences,
Kuwait, 24-27 May, 1983), attended by medical and
Muslim jurists, the technology of IVF and embryo
replacement (into genetic mother) or transfer (into
surrogate mother) was discussed in detail.
• The consensus of the symposium was the
acceptability of the technique within a family
structure of husband and wife, during the span of
their marriage, and without the intrusion of another
party, be it sperm, ovum, embryo or uterus.
Ethics in Islam
Organ Donation
Ethics in Islam
Organ Donation
• Intention is very important in Islam. Prophet
Muhammad (pbuh) stated that “actions will
be judged according to intentions”. Organ
transplants are not exempt from this
approach to intentions.
• Doing a necessary post-mortem
examination or donating organ does not
mean mutilation of the corpse or an act of
disrespect.
• In short, the principle of ‘saving human life’
takes precedence over the harm that might
befall the corpse provided the corpse is not
desecrated but rather handled and treated
with respect.
Ethics in Islam
Organ Donation
• Donation of organs is not an act of transgression
against the body. On the contrary, it is an act of
charity and benevolence to other fellow humans,
which God loves and encourages.
(Dr M.A. Albar, Fountain Magazine)
Ethics in Islam
Organ Donation from a Living Donor
• In the case of a living donor, the principle of ‘doing
no harm’ is invoked. The donor cannot give a vital
organ, risking his own life. That would be an act of
suicide.
(Dr M.A. Albar, Fountain Magazine)
Ethics in Islam
Organ Donation from a Living Donor
• Donation of an organ whose loss would usually
cause little harm or minimal increased risk to the
health or life of the donor is acceptable. It invokes
the principle of ‘accepting the lesser one when
faced with two evils’. The harm done by the
disease, which can kill a human life, is not to be
compared to the harm incurred by donation.
Ethics in Islam
Case Study
Fatwa
(Islamic Ruling)
on
Organ Transplant
Ethics in Islam
Organ Transplant - Fatwa 1
1. Check Qur’an
“Whosoever kills any person without another soul being
involved or for causing corruption in the earth, it shall be
as if he had killed all mankind and whosoever saves the
life of one it shall be as if he had saved the life of all
mankind.”
(Qur’an, Al-Maidah, 5:32)
2. Check the Sunnah
“Whoever helps a brother in difficulty, God will help him
through his difficulties on the Day of Judgement.”
Ethics in Islam
Organ Transplant - Fatwa 1
3. Draw on principles of Islamic Jurisprudence
“Confronted with two evils a person is permitted to
choose the lesser of the two.”
“Islam made it an obligation upon the sick to seek
treatment.”
“Human life is sacred. The saving of one life is regarded
to be the same as saving the life of all of humanity.”
Ethics in Islam
Organ Transplant - Fatwa 1
Islamic Ruling (Fatwa)
“It is permissible for a living person to donate part of
the body such as the kidneys to save the life of
another, provided that the organ donated would
not endanger the donor’s life and that it might help
the recipient.”
Ethics in Islam
Organ Transplant - Fatwa 2
1. Check the Quran
“We have honoured the children of Adam.”
(Qur’an, Al-Isra, 17:70)
2. Check the Hadith
"Breaking the bones of the dead is like breaking the
bones of the living." (Related by Ahmad, Abu Dawud &
Ibn Majah)
“Harming a believer after his death is similar to harming
him in his life.”
Ethics in Islam
Organ Transplant - Fatwa 2
3. Draw on principles of Islamic Jurisprudence
• Harm can not be removed by a similar harm
(meaning, in order to remove harm from another
individual, it is impermissible for one to harm himself).
• Therefore, it will be impermissible for a living person to
donate part of his body due to it being harmful for
him.
• The principle of Islamic jurisprudence states: When
the evidences of prohibition conflict with the
evidences of permissibility, preference is given to
prohibition.
Ethics in Islam
Organ Transplant - Fatwa 2
Islamic Ruling (Fatwa)
In view of the above and other evidences,
according to this group of scholars, it is unlawful to
transplant organs, whether it be of a living person or
a dead body, and whether there is a need or
otherwise. In other words, there is no permissibility
whatsoever for the transplantation or donation of
organs.
Ethics in Islam
Case Study – IVF
Is having children through IVF permissible?
Ethics in Islam
IVF - Fatwa
1. Check the Qur’an
“Did We not create you from a despised water (semen)?.
Then We placed it in a place of safety (womb). For a
known period (determined by gestation)?. So We did
measure; and We are the Best to measure (the things).”
(Qur’an, Al Mursalat, 77:20-23)
Therefore, origin preservation is a most essential objective
of Islamic law.
2. Check the Hadith
“There is no disease Allah has created, except that he has
also created its treatment.” (Hadith)
Infertility is considered a disease.
Ethics in Islam
IVF - Fatwa
3. Draw on principles of Islamic Jurisprudence
“Protection against difficulty and constriction.”
“The necessity to refrain from causing harm to oneself
and others.”
“The priority of averting corruption over attaining
benefit.”
Ethics in Islam
IVF - Fatwa
Islamic Ruling (Fatwa)
IVF is permissible
Ethics in Islam
Sexual Ethics
in Islam
Ethics in Islam
Uniqueness of Humanity
• Humanity is not like other species for it has been
created with a different disposition, multiple
potentialities, and various mental and spiritual faculties.
• God has inculcated senses and emotional impulses in
human nature so that humanity could survive on earth.
• Humans evolve spiritually and mentally by disciplining
unchecked desires and transforming each one into a
virtue in order to develop into being a true, perfect
human.
Ethics in Islam
Uniqueness of Humanity
• Therefore the ultimate purpose of creation of a human
being is to engage in a personal relationship with God
through belief, worship and good deeds.
• Realising this purpose requires self-discipline. Islam
provides a set of teachings and principles which every
individual can use to achieve success in this life and
the next.
Ethics in Islam
The Qur’an Declares…
“Fair in the eyes of men is the love of things they
covet: women and sons; heaped-up hoards of
gold and silver; horses branded (for blood and
excellence); and (wealth of) cattle and well-tilled
land. Such are the enjoyments of this world's life;
but in nearness to God is the best of the goals (to
return to).”
(Qur-an, 3:14)
Ethics in Islam
Male and Female Complement Each Other
In the Qur'an, God tells us
that man and woman are
designed physically and
emotionally complement one
another;
"They are your garments and ye
are their garments."
(Qur’an, 2:187)
Ethics in Islam
Male and Female Complement Each Other
"And among His Signs is this, that He created for
you mates from among yourselves, that you may
dwell in tranquillity with them, and He has put
love and mercy between your (hearts): verily in
that are Signs for those who reflect."
(Qur’an, 30:21)
Ethics in Islam
Everything is in Pairs
The Qur’an also talks about
the fact that everything is
created in pairs:
“Glory be to Him Who
created pairs of all things, of
what the earth grows, and of
their kind and what they do
not know.”
(Qur'an, 36:36)
Ethics in Islam
Sexual Harassment
• Islam prohibits people from staring lustfully at people
of the opposite sex, for the eye is the door to feelings,
and a lustful gaze magnifies desires. The Qur'an
declares;
"Say to the believing men that they should lower their
gaze and guard their modesty: that will make for greater
purity for them: And God is well acquainted with all that
they do. And say to the believing women that they
should lower their gaze and guard their modesty...”
(Qur’an, 24:30-31)
Ethics in Islam
Therefore…
• Islam does not approve of sexual
relationships outside of marriage.
• That is, Islam seeks to protect
women’s and unborn children’s
welfare and rights.
• Adhering to values and principles
has positive spiritual implications.
• Islam proposes marriage as the
means of satisfying one’s sexual
and personal needs.
"And do not approach adultery and
fornication; indeed it is an abomination
and an evil way.” (Qur’an 17:32)
Ethics in Islam
Homosexuality
Ethics in Islam
Same Sex Relations
• Homosexuality is very similar to the case of sex
outside of marriage in that Islam prohibits
homosexual relationships.
• Just as it is not right to make people of
homosexual orientation as outcasts of society
and oppress them, from an Islamic perspective,
it is not considered right for gay people to marry
their partners or adopt children to appear as
ordinary families.
Ethics in Islam
Three Categories
Islam’s view on
homosexuality can be
summarised in three
broad categories.
Ethics in Islam
1st Category
• Homosexual relationships practised by bisexual
individuals and omnisexual people who do not care
with whom they have a sexual intercourse as long as
they satisfy their insatiable libido.
• This category is clearly prohibited in Islam, as it is
clear that there has been a choice to engage in
homosexual relations when a heterosexual
relationship could equally be chosen.
Ethics in Islam
2nd Category
Individuals who have physical traits of both sexes
(hermaphrodites). Islam gives them the choice of
selecting the sexual identity they prefer.
Ethics in Islam
3rd Category
• Individuals who are sexually attracted to the same
sex and have no attraction to the opposite sex.
There is currently evidence to suggest that this
condition situation is genetic.
• Islam still considers it a “sin” if a person in this state
commits homosexual acts particularly intercourse.
But because this is a tough test, Islam recommends
a person in this case to be patient and promises the
reward of Paradise for the inherently disadvantaged
condition the person may be in.
Ethics in Islam
But He Loves God and His Prophet
• Islam treats “sinners” with compassion and views
them as people in need of support rather than
alienation.
Say: "O my Servants who have transgressed against their
souls! Despair not of the Mercy of Allah. for Allah forgives
all sins: for He is Oft-Forgiving, Most Merciful.
(Qur’an, 39:53)
• When a person spoke critically of a person for
committing adultery, the Prophet Muhammad
(pbuh) stopped him by saying, “but he loves God
and His Prophet”.
Ethics in Islam
Ordination of Gay People
• As there are no religious clergy in Islam,
the issue of the ordination of gay
people, or for that matter, women in
religious posts does not arise.
• Scholarly knowledge and authority as
well as pious spirituality is more
important to Muslims then the gender
or sexual orientation of the scholar.
• Public confessionalism is seen as a
moral weakness.
Ethics in Islam
In Conclusion…
Islam is not against the satisfaction of sexual desires in
the form of a legitimate marriage. This is the balanced
path between the two extremes of no sexual desires
(impotence) and having indiscriminate sexual activity
with just about anyone. Any physical desire unchecked
eventually becomes self-destructive for the person and
the society.
Ethics in Islam
Questions?

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Ethics in Islam

  • 2. Ethics in Islam Principles of Islamic Ethics & Islamic Law
  • 3. Ethics in Islam Introduction • The purpose of law and ethics is to ensure the well being of the individual and the community at the same time in a balanced way. • Ethics and Law have been developing throughout history. • Shariah (Islamic law) encompasses ethics and law. • There are methodologies in place for Islamic • Ethics and law continue to develop with the new situations that society faces.
  • 4. Ethics in Islam Good, Evil and Human Nature
  • 5. Ethics in Islam The Unique Position of a Human Being • Human being Has been “honoured with goodness” (Qur’an, 17:70). • Is created in “the best composition” (Qur’an, 95:3- 6) • Is created as a “caretaker on earth” (Qur’an, 2:31- 33) • Has been given “the trust” (Qur’an, 33:72)
  • 6. Ethics in Islam Good and Evil However, humans also have a nafs (egotistical soul). Although we have the ability to recognise goodness and strive to uphold what is right, our choices are negatively influenced by the emotions, desires and the selfish impulses of the ego.
  • 7. Ethics in Islam Good and Evil Good & Evil Self-Evidently Good Broad Grey Area of Good & Evil Self-Evidently Evil Qiyas Analogical Reasoning The Qur’an The Sunnah Ijma Consensus
  • 8. Ethics in Islam Aim of Law and Ethics • Human actions, hence freedoms, are not absolute and are curtailed by self, public and the law. Islam seeks a balance between these three concentric circles. Individual Conscience Public Morality Law
  • 9. Ethics in Islam Individual and Community • Importance of individual conscience – Islam cultivates the development of a “sound heart” because ultimately “only he (will prosper) that brings to God a sound heart” (Qur’an, 26:89) • Place of public morality – “And from among you there should be a party who invite to good and enjoin what is right and forbid the wrong and these are those who shall be successful.” (Qur’an, 3:104)
  • 10. Ethics in Islam Individual and Community • Place of public morality – “Facilitate (ease) for people and do not make it difficult for them, and give them good tidings.” The Prophet Muhammad • Just as there is individual responsibility for one’s actions, there is also collective responsibility that society has towards the individual.
  • 11. Ethics in Islam Ethical and Legal Methodology
  • 12. Ethics in Islam Shariah • Shariah means ‘the way’ and ‘source of water’. • Shariah is understood as God’s Will but the fiqh (jurisprudence) is the product of the human attempt to understand God’s Will. – Some have understood Shariah to be a political system, while others have understood it be an ideology or simply a way of life. • Islam is an all encompassing religion with a comprehensive law that provide guidance in all key aspects of life.
  • 13. Ethics in Islam Shariah • Shariah contains both legal rules and ethical principles. This is indicated by the division of the Shariah relevant to human action into the categories of • Shariah is summed up under four broad categories: – Aqidah – creed – Ibadah – religious worship and practices – Ahlaq – morality and ethics – Muamalah – human relations
  • 14. Ethics in Islam Four Sources of Shariah 1. The Qur’an As the primary source of God’s revelation, the Qur’an is the sourcebook of Islamic principles and values. Only about 80 verses can be considered strictly legal. 2. Sunnah of the Prophet Words, actions and approvals of the Prophet Muhammad as the messenger of God.
  • 15. Ethics in Islam Four Sources of Shariah 3. Analogical Reasoning (Qiyas) Extending established legal precedence to new matters by identifying an operative cause applicable to both situations. 4. Consensus (Ijma) Consensus of the community of scholars over a solution to a legal and practical issue is the third source of the law. When a certain ruling lasts the test of time, more and more jurists as well as people accept the ruling making it a consensus.
  • 16. Ethics in Islam Islamic Law and Society
  • 17. Ethics in Islam Principles of Islamic Jurisprudence The principles help to: • Obtain adequate knowledge of the sources of Shariah. • Obtain adequate knowledge of the methods of juristic deductions.
  • 18. Ethics in Islam Principles of Islamic Jurisprudence The principles help to: • Obtain adequate knowledge of the sources of Shariah. • Obtain adequate knowledge of the methods of juristic deductions.
  • 19. Ethics in Islam Principles of Islamic Jurisprudence • There are three layers of objectives and principles that give a clear methodology to law. • Firstly, there is an overall purpose for Islamic law. – ‘to promote good and to benefit human beings and to protect them from evil, from harm and from subsequent suffering’ – Ash-Shatibi (d. 1388) • Secondly, law and ethics must protect the following five basic human rights.
  • 20. Ethics in Islam Principles of Islamic Jurisprudence 1. Life – every person has a right to live in safety and earn his or her livelihood. 2. Property – owning and preserving one’s personal property is a fundamental right. 3. Human mind – no one, including the self, society and state, should coerce or remove the ability to think freely. 4. Belief & religion – there is no compulsion in religion and every person has a right to keep and pass their religion to future generations. 5. Family and lineage – humans have the right to raise a family.
  • 21. Ethics in Islam Principles of Islamic Jurisprudence • Thirdly, Muslim jurists also take into account important methodical principles that are utilised when addressing ethical problems. – Everything is allowed (halal) unless otherwise stated. – If there are options, select the one easiest for people. – Prevention of harm has greater priority than achieving benefit. – That which leads to haram (prohibited) is also haram (prohibited) – Prefer lesser of the two evils – Doubt does not remove the certainty – That which is necessary to achieve an obligation is obligatory.
  • 22. Ethics in Islam Loss of Dynamism • Until 20th century, Shariah has been a universal legal and ethical system transcending cultural and national borders. Shariah in the modern world remains relatively underdeveloped mainly because: 1. The closure of the gates of ijtihad (deductive reasoning) stalled the development of Shariah. 2. European Colonisation of the Muslim world in the 19th century has caused an abrupt halt in the development and application of Islamic law. 3. Relegation of religious authority of scholars by authoritarian regimes in 20th Century to stop claim for justice and freedom.
  • 23. Ethics in Islam Contemporary Issues • When an action is mentioned in the Qur'an or hadith, the correct action to be taken by a Muslim is considered to be straightforward. • However, when there is no direct mention of a phenomenon, contemporary Islamic scholars must arrive at a religious judgment through interpretation, analogy, and personal reasoning, a process known as ijtihad. • A scholar who carries out ijtihad is known as a mujtahid.
  • 24. Ethics in Islam Fatwa’s • Judgments are regularly made by leading religious authorities, who issue fatwas, or nonbinding religious opinions. • A religious scholar who makes a fatwa is called a mufti. • A mufti interprets whether a behaviour or action falls into one of these five categories, according to the Islamic shariah: – obligatory (wajib) – recommended (sunna) – permitted (halal) – undesirable but not forbidden (makruh) – forbidden (haram)
  • 25. Ethics in Islam Various Fatwa’s on the Same Matter • There can be various fatwa’s on the same matter. • However, usually the majority of scholars would agree on a matter over time. This is what we refer to when we say “consensus of the community”. • For example, the first fatwa on medically assisted reproduction was delivered on March 23, 1980. This fatwa has been upheld by other fatwas issued since 1980 in Egypt, Saudi Arabia, and other Muslim countries, and has achieved wide acceptance by the Muslim community.
  • 26. Ethics in Islam Fatwa’s that are taken seriously • A fatwa is taken seriously if it is given by qualified jurists and is accepted by a significant number of jurists. • Having one jurist declare a fatwa on a particular topic does not mean that all Muslims will follow by default.
  • 27. Ethics in Islam Islamic Term English Term Definition Pointer Example Fard or Waajib Compulsory Commandments of God which are based on evidence from the sources of Islam have to do - Fasting during Ramadan - Looking after parents Sunnah Recommended Acts, verbal advice and acts approved by Prophet Muhammad should do (good to do) - Fasting Monday’s and Thursday’s - Giving gifts Makrooh Disliked Acts that are disliked in Islam and technically contradict the practice of Prophet Muhammad should not do - To fast for the whole year - Smoking (some scholars – prohibited) Haram Forbidden Acts decisively forbidden by Islam must not do - Fasting on the day of Eid - Murder - Theft Halal Permissible Anything permissible, in contrast to haram. Includes human behaviour, communication, clothing, conduct, manner and dietary laws. can do - Anything not haram
  • 28. Ethics in Islam Environmental Ethics in Islam
  • 29. Ethics in Islam Humanity and the Environment • We live on earth and inevitably interact with the environment. • Not being part of the ecosystem, the result of our inevitable interaction with the environment is in the form of consuming its value-added products without returning any tangible value. • Humanity depends on the environment but the environment does not depend on humanity.
  • 30. Ethics in Islam Protecting the Environment • Since the environment does not depend on humanity, the only real value we can add to the environment is protecting and preserving it by minimising damage human activity inflicts on the environment.
  • 31. Ethics in Islam Environmental Protection • Current environmental arguments are based on human benefits: o Global warming o Pollution causes health problems – asthma, diseases, water-related diseases, acid rain. o Nowhere to put our waste.
  • 32. Ethics in Islam We Only Take Care of Things we Perceive as Valuable • To protect the environment, man must see it as valuable. • Islam asserts that all life is special and valuable because it is the life and the art displayed by each creature that connects it to the Divine. • To a Muslim, God has created this universe like a majestic palace and wonderfully decorated with His works of art. • Therefore, in Islam, the natural environment and animal forms are valuable.
  • 33. Ethics in Islam Caring for the Environment • There are about 500 verses in the Qur'an giving us guidance on care of the environment (Khalid & O'Brien,1992). • There is an abundance of hadith concerning plants, trees, land cultivation, irrigation, crops, livestock, grazing, water distribution, treatment of animals etc (Haq, 2001).
  • 34. Ethics in Islam The Environment - Creation • The Qur’an tells us that human beings are created from an earthly essence and more generally that every living being is created from water. “...the heavens and the earth were joined together as one united piece, then We parted them? And We have made from water every living thing....” (Qur’an, Prophets, 21:30) • Therefore, we have a common physical existence with everything else on earth. • There is also a law of interdependency between all natural elements and if humans abuse one element, the natural world as a whole will suffer the direct consequences.
  • 35. Ethics in Islam Value Given to Creation • Not only is there a commonality with all creation, but the following verse highlights the value given to the creation of the environment: “The creation of the heavens and the earth is indeed greater than the creation of mankind; yet, most of mankind know not.” (Qur’an, 40:57)
  • 36. Ethics in Islam Everything Praises God • The Qur’an also talks about how everything that is in the heavens and the earth praise God: “Glorify Him and there is not a thing but glorifies His praise. But you understand not their glorification..” (Qur’an, 17:44) • If a tree praising their Lord or if animals are praising their Lord, then how must they be treated?
  • 37. Ethics in Islam Human Beings: Vicegerent on Earth • One of the roles given to humanity in the Qur’an is that of vicegerent – caliph – on earth; a caretaker, a deputy. “Remember (when) your Lord said to the angels: "I am setting on the earth a vicegerent (guardian)”...." (Qur’an, The Cow, 2:30) “Do you not consider that God has made all that is on earth to be of service to you...” (Qur’an, The Pilgrimage, 22:65)
  • 38. Ethics in Islam Be a Guardian Means Accountability • Being a guardian means having authority but this is not an unconditional authority, as accountability is a natural consequence of authority. • Therefore, Islam teaches that on the Day of Judgment humanity will be questioned about their treatment of animals and the environment as well.
  • 39. Ethics in Islam Waste Minimisation The Qur’an talks about how God does not like those who waste: • “... Eat of their fruits when they come to fruition, and give (to the poor and the needy) the due thereof on harvest day. And do not be wasteful; indeed He (God) does not love the wasteful.” (Qur’an, The Cattle, 6:141) • “O children of Adam! Dress cleanly and beautifully for every act of worship; and eat and drink, but do not be wasteful: indeed, He does not love the wasteful.” (Qur’an, The Elevated Places, 7:31)
  • 40. Ethics in Islam Water Conservation • Islam forbids extravagance in using water. It is related that the Prophet Muhammad passed by his companion Sa’ad, who was performing his wudhu’ (ablution), and said: “What is this wastage, O Sa’ad?” “Is there wastage even in washing for prayer?” asked Sa’ad; and he said, “Yes, even if you are by a flowing river!” (Hadith)
  • 41. Ethics in Islam Considering Future Generations • Prophet Muhammad (peace be upon him) recommended that we “lay in the ground the plant at hand even if it is the Last Day” on earth. • While people are being encouraged to plant a tree, this is not to be done for an immediate benefit, but for the benefit of future generations.
  • 42. Ethics in Islam Showing Kindness to All • The Prophet Muhammad (pbuh) enjoined people to show kindness not only to each other but also to all living souls. • If he saw any animal over-loaded or ill-fed he would advise the owner; “fear God in your treatment of animals.” • Once, seeing someone call his horse using deception, he said: “You should give up deceiving animals. You should be trustworthy even in your treatment of them.”
  • 43. Ethics in Islam Animals • Prophet Muhammad said, “There is a reward for serving any animate (living being).” • Numerous other hadiths about not overburdening animals, not causing it any harm, not killing an animal's young within sight (Dien, 2000). • Are we treating animals fairly when we destroy their homes?
  • 44. Ethics in Islam Harm vs Benefit • Hadith – “The merit of utilisation lies in the benefit it yields, in proportion to its harm”. • Can be applied to technology, the plastic bag, disposable cups, plates.
  • 45. Ethics in Islam History of the Islamic World • The value given to creation, gave Muslims the impetus to preserve the environment and to get a good record for their treatment of wildlife and domestic animals. • During the Ottoman reign (1299–1923), comprehensive waste and environmental management regulations were stipulated as early as 1539. • In 1502, local government legislation regulated the loads of animals and the number of days they could be worked in a week. – Centres for animals.
  • 46. Ethics in Islam It’s about the Ego • Muslim academics have argued that the ecological crisis is a result of human greed and selfishness. (Ammar, 2004, Khalid & O'Brien, 1992). • Our misuse of the environment is our ego continually wanting more. • The environment is another test for our ego and we seem to be failing the test at the moment...
  • 47. Ethics in Islam References • Ali, Y. (2005). The Meaning of the Holy Qur'an. Kuala Lumpur: Secretariat for Asia Assembly of Ulama'. • Dien, M. (2000). The Environmental Dimensions of Islam. England: Lutterworth Press. • Haq, S. (2001). Islam and Ecology: Toward Retrieval and Reconstruction. Daedalus, 130(4), p141-177. • Khalid, F. & O’Brien, J. (1992). Islam and Ecology. New York: Cassell. • Ozalp, M. (2004). Islam in the Modern World. Istanbul: Journalists and Writers Foundation Publications.
  • 50. Ethics in Islam ِ‫م‬ِِ ْ َ‫ج‬ ْ ْ‫ِئ‬ ٍَِ ‫ج‬ْ‫ج‬َِ ْ ْ‫ج‬ٍَِْ ْ‫ج‬ََِْ ‫ل‬‫ج‬َِْ ‫ا‬ْْ ْ‫ج‬َِ‫ج‬ِ‫ج‬َ‫ج‬َِ‫ن‬‫ج‬‫م‬ُِ‫ه‬َ‫ج‬َِ‫ج‬ِ‫ل‬ِ‫ئ‬‫ج‬َْ ِِْ َ‫ج‬ِْٰ‫ج‬َ‫ج‬َِ ‫ج‬َْ ْ‫ج‬َ‫ج‬َِ‫ج‬َِ‫ج‬َِِْٰ ْ‫ج‬َِ ْ ‫ن‬ ‫ا‬‫ع‬‫ل‬‫م‬‫ج‬ِْ ‫ج‬ٍ ‫ه‬َِ‫ِئ‬ ‫ج‬‫ل‬ ْ ‫ح‬‫ج‬َِ ‫ج‬‫م‬‫ه‬َ‫ج‬‫أ‬‫ج‬َ‫ج‬َِ ‫ج‬‫ه‬ ‫ج‬‫ل‬ ْ ‫ح‬‫ج‬َِ ْ ‫ن‬‫ج‬‫م‬ ‫ج‬ِْ ‫ا‬‫ع‬‫ل‬‫م‬‫ج‬ِْ ‫ج‬ٍ ‫ه‬َِ‫ِئ‬‫ج‬ِ‫ج‬َ‫ج‬َِ ‫ج‬‫م‬‫ه‬َ‫ج‬‫أ‬‫ج‬َ‫ج‬َِ ‫ج‬َََِْْ ‫م‬‫ه‬ْ َ‫ج‬‫ء‬ ‫ج‬ِْْ ٍ‫ج‬‫ق‬‫ج‬ِ ‫ج‬ِْۚ ﴿ِ ‫ج‬‫ْن‬ََْ ْ‫م‬‫ج‬ِِِ ْ َ‫ج‬ ْ ْ‫ِئ‬ َِ‫ج‬َِ‫ج‬َِٰ‫ٍج‬ْ ‫ع‬‫ج‬ِْ‫م‬‫ه‬ْ َِّ‫م‬ِ‫ئ‬‫لَا‬‫ث‬‫ج‬َِ ‫نه‬ِِ‫ه‬‫م‬‫ِث‬‫ت‬ ‫ج‬َِّ‫ل‬‫ج‬ْْ ِ ْ٣٢﴾ “... that if anyone killed a person not in retaliation of murder, or to spread mischief in the land- it would be as if he killed all mankind, and if anyone saved a life, it would be as he saved the life of all mankind...” (Qur’an, Al-Maidah, 5:32) (Tr. Y. Ali) • According to Islam, life is sacred and the entire universe results and supports human life. • Although Islam treats the life of all creatures as valuable, it gives greater honour to human life. Human Life
  • 51. Ethics in Islam Human Life • “Indeed, your blood and your property and your honour are inviolable, like the inviolability of this day of your and this month of your and this land of your until the day you meet your Lord.” (Bukhari and Muslim)
  • 52. Ethics in Islam Human Life Humanity and therefore human life is distinguished from the rest of the creation in three distinct ways; • Humanity is created in the best composition. “Verily, We create man in the best conformation.” (Qur’an 95:4) • Humanity has been given the capacity to learn through reflecting on the universe and thus gain knowledge of God. (Qur’an, 2:31-33) • Humanity’s acceptance of God’s trust. This trust is said to be the self-awareness and freedom of choice enabling humans to develop spiritually. (Qur’an, 33:73)
  • 53. Ethics in Islam Islamic Principles Related to Bioethics • Islam made it an obligation upon the sick to seek treatment. • Human life is sacred. The saving of one life is regarded to be the same as saving the life of all of humanity. • For every ailment (except old age) there is a remedy. • When confronted with two evils, the lesser evil is preferred.
  • 54. Ethics in Islam Islamic Principles Related to Bioethics • God does not burden a soul greater than what it can bear. • Patience is recommended for adversity, thankfulness for blessings. • Suffering compensates for one’s sins or elevates one’s spiritual degree. • Necessity can remove a prohibition temporarily for as long as necessity is removed. • Actions will be judged according to intentions.
  • 55. Ethics in Islam Euthanasia, Contraception and Abortion
  • 56. Ethics in Islam Euthanasia ِ‫لت‬‫م‬‫ل‬ ‫ج‬ِْ ‫ل‬ ْ ‫ح‬‫ِل‬ُ‫ـ‬‫ه‬َِ‫ئ‬ ‫ج‬َِْ‫ل‬‫ص‬‫ج‬ِْ ‫ج‬‫ْن‬َ‫ج‬‫م‬ْ ‫ع‬‫ج‬َِ ‫ج‬‫م‬ُِْ‫ـ‬‫ه‬َِ‫ئ‬ ‫ج‬ِْۚ “It is Allah that gives Life and Death, and Allah sees well all that you do.” (Qur’an, 3:156) • The issues concerning euthanasia, contraception and abortion are related to the competing rights to life and reproduction.
  • 57. Ethics in Islam Euthanasia • People who support euthanasia usually do so because of the pain suffered by the patient, thus using the phrase “mercy killing”. – Should the focus be pain management instead? – On the other hand, does this mean we postpone death by using every means of treatment available? • A person does not have the right to end his or her life, since God has entrusted life to him or her for a temporary period. Only God owns the life and therefore has the sole right to end life. • Euthanasia is considered to be suicide, which is a major sin in Islam.
  • 58. Ethics in Islam Perception of Illnesses ِ﴿ِ ‫ج‬‫ْن‬‫ع‬ْ‫ئ‬‫ج‬َُِْ ‫ل‬‫ج‬ِِِ ‫ه‬َِ ‫ج‬ُِْ‫ـ‬‫ه‬َِِ ‫ه‬َِِ‫ْئ‬ِ ‫ج‬َِ‫ة‬‫ج‬ْ‫ل‬‫ُّص‬‫م‬ِ‫م‬‫ه‬ْ َ‫ج‬ْ ‫ج‬‫ص‬‫ج‬َِ‫ئ‬‫ج‬َِِٰ ‫ج‬‫لن‬َٰ‫ه‬ِ‫ئ‬١٥٦ِ﴾ “Who say, when afflicted with calamity: "To Allah We belong, and to Him is our return.” (Qur’an, Al-Baqara, 2:156) (Tr. Y.Ali) ﴿ِ‫لن‬‫ق‬ْ ْ‫ج‬‫ل‬ ‫ج‬ِْ َ‫م‬‫ع‬ْ ‫ط‬‫ِل‬ ‫ج‬ْ‫ه‬٧٩﴿ِ‫لن‬ْْ ‫ش‬‫ج‬‫ل‬ِ ‫ج‬ْ‫ه‬‫ج‬َِ‫ت‬ْ ‫ض‬َ‫ج‬‫م‬ِ‫ئ‬‫ج‬َِٰ ‫ج‬ِْ﴾٨٠﴾ “Who gives me food and drink. And when I am ill it is He Who cures me.” (Qur’an, Ash-Shu'ara, 26:79-80) (Tr. Y.Ali) Islam considers suffering and illness as an opportunity to compensate for one’s past sins or to rise to higher ranks of spirituality in the Court of God. Although it might be a painful experience, there is the promise of great reward in the hereafter.
  • 59. Ethics in Islam Hadith on Suffering • “When Allah desires good for one of His servants, he visits him with a calamity in this world.” (Hadith) • “As ripe fruits fall as a tree is shaken, so the sins of a believer fall away on his shaking with illness.” (Bukhari, Muslim) • “Allah allows a believer to shed his sins through every disaster visited on him, even if it is being pricked by a thorn.” (Hadith) • Those afflicted with the severest trials are the prophets, then the saints and those like them. (Ibn Maja, Musnad)
  • 60. Ethics in Islam Contraception • Most scholars are of the view that all forms of contraception that do not damage the health and the reproductive capacity of the person, male or female, are permissible in Islam. • Once conception occurs, then the principle of the “right to life” steps in. This is because of the fact that there is now a physical form with all of its characteristics determined (through DNA) by God and has the potential to be fully human.
  • 61. Ethics in Islam Abortion • There is a difference of opinion among Muslim scholars concerning abortion during the embryonic stage of the conception, that is, when the embryo is less than four months old and not a fully functional human being. • “Each of you is constituted in your mother’s womb for forty days as a nutfa, then it becomes an alaqa, for an equal period, then a mudgha for another equal period, then the angel is sent, and he breathes the soul into it.” (Hadith)
  • 62. Ethics in Islam Abortion • However, the great majority of scholars are of the view that abortion must not be undertaken even at this stage because the embryo has the full potential to be a human being if allowed to develop.
  • 63. Ethics in Islam Abortion • Therefore most scholars are of the view that it is a crime to end the life of a fetus while it is in the womb of the mother. • Parents are seen as not having the right to decide whether to abort the life of the fetus because God is the Giver of Life and Owner of all that exists and only God has sole authority over life. • There are exceptional situations where abortion is permissible.
  • 64. Ethics in Islam Exception to Abortion If there is a serious health risk to the pregnant woman, abortion can take place, based on: • The principle of necessity overriding the general rule as an exception. • The key Islamic principle that when one is faced with only two bad choices, one takes the lesser of the two evils.
  • 65. Ethics in Islam Exception to Abortion • When it is a choice between whether the mother or the child should live, the decision favours the mother as her death would create a greater negative impact on the family than an unborn person who does not yet have any social ties • In any case, a qualified physician objectively makes the decision rather than the emotional parents.
  • 66. Ethics in Islam Advancements in Technology and Bioethics
  • 67. Ethics in Islam Genetic Engineering • Not all genetic engineering applications are prohibited and not all are allowed. Those directed towards the benefit of the human race are allowed, but those used to fundamentally alter human nature and God's work are prohibited.
  • 68. Ethics in Islam “For every ailment (except old age) there is a remedy.” (Hadith) • Human cloning is prohibited. “a single-cell production will not be considered a proper production and it will not be allowed for a woman to carry the embryo produced from a single cell of even her husband or herself.” (Siddiqi, 1997, p. 2) • “As long as the crucial factor of familial heredity is guaranteed, both Sunni and Shi’i scholars will, by and large, permit the therapeutic uses of cloning.” (Kyriakides-Yeldham) Cloning
  • 69. Ethics in Islam Stem Cell Research • It is claimed by the experts in the field that the research on stem cells has great potential to relieve human disease and suffering. If this is the case, according to Islam, it is not only allowed but such research is encouraged. • Most scholars are of the view that the use of embryonic stem cells should be very heavily limited. Only allow isolation of stem cells from frozen embryos that were created for the purpose of in vitro fertilisation and would otherwise have been destroyed. • Obtain full consent from the donors. • Provide safeguards against monetary compensation to embryo donors and against the creation of embryos in excess of what is required for in vitro fertilisation.
  • 71. Ethics in Islam Biotechnology • All biotechnological procedures, such as cloning and genetic engineering, are evaluated based on whether they bring benefit to a human being. • Also key principles should not be violated.
  • 72. Ethics in Islam Conception ‫ء‬ ‫ج‬ٍَُِّ‫ِئ‬‫لع‬‫م‬‫ج‬ِْ‫ج‬َ‫ه‬َِِ‫ا‬‫ة‬‫ج‬ِّْ‫ل‬‫ج‬‫ط‬ِ‫ا‬‫هة‬‫ل‬ََِِّٰ‫ج‬َْ ٍَ‫ه‬ِِ‫ن‬‫ِم‬ ِِ ْ ‫ب‬‫ج‬‫ه‬ِِّ‫ب‬‫ج‬َِ‫ج‬ِ ‫ج‬َُِ‫ه‬ْ‫ج‬َِ ‫ه‬‫ل‬َ‫ج‬َ‫ج‬‫ِز‬ ‫ج‬َ‫ج‬ٍِ‫ج‬َِ ‫ج‬َ‫ه‬ “There did Zakariya pray to his Lord, saying: "O my Lord! Grant onto me from Thee a progeny that is pure: for Thou art He that heareth prayer!” (Qur’an, Al-Imran, 3:38) (Tr. Y.Ali) • To have a child is seen as a great blessing from God. Seeking a remedy for infertility is therefore quite legitimate for Muslims and is not considered as rebellion against the fate decreed by God. Prophets of God who were childless incessantly asked their Lord to give them children, and the Qur’an tells us time and again about the keen prayers of Abraham and Zachariah in this respect.
  • 73. Ethics in Islam Procreation within Wedlock • Islamic teaching limits procreation to within wedlock, and hence between husband and wife only. There should be no third party in the process of procreation, i.e. no donated sperm, ova or pre-embryo, and no surrogacy. ِْ ‫م‬‫ه‬‫ج‬َْ ٍ‫ج‬ِ ‫ج‬ِْ ِ ‫ه‬‫ِئَِّل‬ ‫ه‬‫َّل‬ِِْ ‫م‬‫ه‬َ ‫ج‬‫ه‬‫ه‬‫م‬َِ ْ ‫ن‬ِ “...None can be their mothers except those who gave them birth...” (Qur’an, Al-Mujadilah, 58:2) (Tr. Y.Ali)
  • 74. Ethics in Islam Procreation Muslims are reminded that ultimately, God determines who will be able to have children and who won’t. Having said that, couples are encouraged to seek treatment. ِِ ْ َ‫ج‬ ْ ْ‫ئ‬ ‫ج‬ِْ‫ئت‬ ‫ج‬ْ ‫ج‬‫م‬‫ه‬ِْ‫ِئ‬َْ َ‫ِم‬ُ‫ـ‬‫ه‬َِِِّ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ ‫ج‬‫م‬ِ‫ق‬َ ْ ‫خ‬‫ج‬‫ل‬ِِۚ‫ب‬‫ج‬‫ه‬‫ج‬‫ل‬ ‫ج‬ِْ ‫ا‬‫ث‬ ‫ج‬َِِ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِِ‫ب‬‫ج‬‫ه‬‫ج‬‫ل‬ِۚ ﴿ِ‫ج‬َََُِّْٰ‫ِئ‬‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِ٤٩‫ا‬‫ث‬ ‫ج‬َِ ‫ج‬ِْ ‫ا‬َ‫ئ‬‫ج‬َْ ََِْٰ ‫م‬‫ه‬ْ ِّْ‫ج‬‫ز‬‫ِل‬ ْ ْ‫ج‬َِ﴾‫ا‬‫م‬‫ل‬‫ق‬‫ج‬َِ‫ء‬ ‫ج‬‫ش‬‫ج‬‫ل‬ِ‫ن‬‫ج‬‫م‬ِِ‫ج‬‫ع‬ ْ ْ‫ج‬‫ل‬ ‫ج‬ِِْۚۚ ﴿َِ‫ل‬ٍ‫ج‬َِ‫لم‬َ‫ج‬َُِ‫ه‬َِ٥٠﴾ “To Allah belongs the Kingdom of the heavens and the earth. He creates what He wills. He bestows female (offspring) upon whom He wills, and He bestows male (offspring) upon whom He wills. Or He bestows both males and females, and He renders barren whom He wills. Verily, He is All-Knower and is Able to do all things.” (Qur’an, Ash-Shura, 42:49-50) (Tr. M.M. Khan)
  • 75. Ethics in Islam IVF • The Islamic ruling on IVF is consistent with rulings on reproduction in general. The procedure is Islamically acceptable and commendable, but only if it solely involves husband and wife and if it is performed during the span of their marriage.
  • 77. Ethics in Islam Surrogacy – who is the mother? • The one who gave the ovum, that is the genetic material? or • The one who carried the baby through pregnancy and gave birth to it?
  • 78. Ethics in Islam Qur’an: mothers are those who give birth to a child • “...None can be their mothers except those who gave them birth...” (Qur’an, Mujadilah, 58:2) • "And we have enjoined on man (to be good) to his parents, in travail upon travail did his mother bear him and in years twain was his weaning. (hear the command): Show gratitude to me and to your parents. To Me is your final goal." (Qur’an, Luqman, 31: 14 ) • "We have enjoined on man kindness to his parents (because) in pain did his mother bear him and in pain did she give him birth...“ (Qur’an, Ahqaf, 46: 15)
  • 79. Ethics in Islam Challenges that come with Surrogacy • According to these verses, the one who bears the child and gives birth is the mother. • In case of surrogacy, the surrogate mother is the mother with a lesser share of motherhood by the woman whose DNA is used. • Therefore, surrogacy creates uncertainty about who the child’s mother actually is. Both the one who provides the genetic material and the one who bears the child would have rights over the child as mothers.
  • 80. Ethics in Islam Challenges that come with Surrogacy • With this uncertainty comes other issues and two of the five fundamental rights are violated: – Lineage – the child has a right to have and know a single mother and father. The family structure will also be altered with surrogacy. Since a woman outside of marriage is involved the child born will be considered illegitimate. – Property – Both mothers would have rights to inheritance which would violate the inheritance rights of everyone in the family. • The ethics of surrogacy for money is also a problem.
  • 81. Ethics in Islam Islamic Fatwa on Surrogacy • In a symposium on "Reproduction in the Light of lslam" (Islamic Organization of Medical Sciences, Kuwait, 24-27 May, 1983), attended by medical and Muslim jurists, the technology of IVF and embryo replacement (into genetic mother) or transfer (into surrogate mother) was discussed in detail. • The consensus of the symposium was the acceptability of the technique within a family structure of husband and wife, during the span of their marriage, and without the intrusion of another party, be it sperm, ovum, embryo or uterus.
  • 83. Ethics in Islam Organ Donation • Intention is very important in Islam. Prophet Muhammad (pbuh) stated that “actions will be judged according to intentions”. Organ transplants are not exempt from this approach to intentions. • Doing a necessary post-mortem examination or donating organ does not mean mutilation of the corpse or an act of disrespect. • In short, the principle of ‘saving human life’ takes precedence over the harm that might befall the corpse provided the corpse is not desecrated but rather handled and treated with respect.
  • 84. Ethics in Islam Organ Donation • Donation of organs is not an act of transgression against the body. On the contrary, it is an act of charity and benevolence to other fellow humans, which God loves and encourages. (Dr M.A. Albar, Fountain Magazine)
  • 85. Ethics in Islam Organ Donation from a Living Donor • In the case of a living donor, the principle of ‘doing no harm’ is invoked. The donor cannot give a vital organ, risking his own life. That would be an act of suicide. (Dr M.A. Albar, Fountain Magazine)
  • 86. Ethics in Islam Organ Donation from a Living Donor • Donation of an organ whose loss would usually cause little harm or minimal increased risk to the health or life of the donor is acceptable. It invokes the principle of ‘accepting the lesser one when faced with two evils’. The harm done by the disease, which can kill a human life, is not to be compared to the harm incurred by donation.
  • 87. Ethics in Islam Case Study Fatwa (Islamic Ruling) on Organ Transplant
  • 88. Ethics in Islam Organ Transplant - Fatwa 1 1. Check Qur’an “Whosoever kills any person without another soul being involved or for causing corruption in the earth, it shall be as if he had killed all mankind and whosoever saves the life of one it shall be as if he had saved the life of all mankind.” (Qur’an, Al-Maidah, 5:32) 2. Check the Sunnah “Whoever helps a brother in difficulty, God will help him through his difficulties on the Day of Judgement.”
  • 89. Ethics in Islam Organ Transplant - Fatwa 1 3. Draw on principles of Islamic Jurisprudence “Confronted with two evils a person is permitted to choose the lesser of the two.” “Islam made it an obligation upon the sick to seek treatment.” “Human life is sacred. The saving of one life is regarded to be the same as saving the life of all of humanity.”
  • 90. Ethics in Islam Organ Transplant - Fatwa 1 Islamic Ruling (Fatwa) “It is permissible for a living person to donate part of the body such as the kidneys to save the life of another, provided that the organ donated would not endanger the donor’s life and that it might help the recipient.”
  • 91. Ethics in Islam Organ Transplant - Fatwa 2 1. Check the Quran “We have honoured the children of Adam.” (Qur’an, Al-Isra, 17:70) 2. Check the Hadith "Breaking the bones of the dead is like breaking the bones of the living." (Related by Ahmad, Abu Dawud & Ibn Majah) “Harming a believer after his death is similar to harming him in his life.”
  • 92. Ethics in Islam Organ Transplant - Fatwa 2 3. Draw on principles of Islamic Jurisprudence • Harm can not be removed by a similar harm (meaning, in order to remove harm from another individual, it is impermissible for one to harm himself). • Therefore, it will be impermissible for a living person to donate part of his body due to it being harmful for him. • The principle of Islamic jurisprudence states: When the evidences of prohibition conflict with the evidences of permissibility, preference is given to prohibition.
  • 93. Ethics in Islam Organ Transplant - Fatwa 2 Islamic Ruling (Fatwa) In view of the above and other evidences, according to this group of scholars, it is unlawful to transplant organs, whether it be of a living person or a dead body, and whether there is a need or otherwise. In other words, there is no permissibility whatsoever for the transplantation or donation of organs.
  • 94. Ethics in Islam Case Study – IVF Is having children through IVF permissible?
  • 95. Ethics in Islam IVF - Fatwa 1. Check the Qur’an “Did We not create you from a despised water (semen)?. Then We placed it in a place of safety (womb). For a known period (determined by gestation)?. So We did measure; and We are the Best to measure (the things).” (Qur’an, Al Mursalat, 77:20-23) Therefore, origin preservation is a most essential objective of Islamic law. 2. Check the Hadith “There is no disease Allah has created, except that he has also created its treatment.” (Hadith) Infertility is considered a disease.
  • 96. Ethics in Islam IVF - Fatwa 3. Draw on principles of Islamic Jurisprudence “Protection against difficulty and constriction.” “The necessity to refrain from causing harm to oneself and others.” “The priority of averting corruption over attaining benefit.”
  • 97. Ethics in Islam IVF - Fatwa Islamic Ruling (Fatwa) IVF is permissible
  • 98. Ethics in Islam Sexual Ethics in Islam
  • 99. Ethics in Islam Uniqueness of Humanity • Humanity is not like other species for it has been created with a different disposition, multiple potentialities, and various mental and spiritual faculties. • God has inculcated senses and emotional impulses in human nature so that humanity could survive on earth. • Humans evolve spiritually and mentally by disciplining unchecked desires and transforming each one into a virtue in order to develop into being a true, perfect human.
  • 100. Ethics in Islam Uniqueness of Humanity • Therefore the ultimate purpose of creation of a human being is to engage in a personal relationship with God through belief, worship and good deeds. • Realising this purpose requires self-discipline. Islam provides a set of teachings and principles which every individual can use to achieve success in this life and the next.
  • 101. Ethics in Islam The Qur’an Declares… “Fair in the eyes of men is the love of things they covet: women and sons; heaped-up hoards of gold and silver; horses branded (for blood and excellence); and (wealth of) cattle and well-tilled land. Such are the enjoyments of this world's life; but in nearness to God is the best of the goals (to return to).” (Qur-an, 3:14)
  • 102. Ethics in Islam Male and Female Complement Each Other In the Qur'an, God tells us that man and woman are designed physically and emotionally complement one another; "They are your garments and ye are their garments." (Qur’an, 2:187)
  • 103. Ethics in Islam Male and Female Complement Each Other "And among His Signs is this, that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect." (Qur’an, 30:21)
  • 104. Ethics in Islam Everything is in Pairs The Qur’an also talks about the fact that everything is created in pairs: “Glory be to Him Who created pairs of all things, of what the earth grows, and of their kind and what they do not know.” (Qur'an, 36:36)
  • 105. Ethics in Islam Sexual Harassment • Islam prohibits people from staring lustfully at people of the opposite sex, for the eye is the door to feelings, and a lustful gaze magnifies desires. The Qur'an declares; "Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And God is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty...” (Qur’an, 24:30-31)
  • 106. Ethics in Islam Therefore… • Islam does not approve of sexual relationships outside of marriage. • That is, Islam seeks to protect women’s and unborn children’s welfare and rights. • Adhering to values and principles has positive spiritual implications. • Islam proposes marriage as the means of satisfying one’s sexual and personal needs. "And do not approach adultery and fornication; indeed it is an abomination and an evil way.” (Qur’an 17:32)
  • 108. Ethics in Islam Same Sex Relations • Homosexuality is very similar to the case of sex outside of marriage in that Islam prohibits homosexual relationships. • Just as it is not right to make people of homosexual orientation as outcasts of society and oppress them, from an Islamic perspective, it is not considered right for gay people to marry their partners or adopt children to appear as ordinary families.
  • 109. Ethics in Islam Three Categories Islam’s view on homosexuality can be summarised in three broad categories.
  • 110. Ethics in Islam 1st Category • Homosexual relationships practised by bisexual individuals and omnisexual people who do not care with whom they have a sexual intercourse as long as they satisfy their insatiable libido. • This category is clearly prohibited in Islam, as it is clear that there has been a choice to engage in homosexual relations when a heterosexual relationship could equally be chosen.
  • 111. Ethics in Islam 2nd Category Individuals who have physical traits of both sexes (hermaphrodites). Islam gives them the choice of selecting the sexual identity they prefer.
  • 112. Ethics in Islam 3rd Category • Individuals who are sexually attracted to the same sex and have no attraction to the opposite sex. There is currently evidence to suggest that this condition situation is genetic. • Islam still considers it a “sin” if a person in this state commits homosexual acts particularly intercourse. But because this is a tough test, Islam recommends a person in this case to be patient and promises the reward of Paradise for the inherently disadvantaged condition the person may be in.
  • 113. Ethics in Islam But He Loves God and His Prophet • Islam treats “sinners” with compassion and views them as people in need of support rather than alienation. Say: "O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah. for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful. (Qur’an, 39:53) • When a person spoke critically of a person for committing adultery, the Prophet Muhammad (pbuh) stopped him by saying, “but he loves God and His Prophet”.
  • 114. Ethics in Islam Ordination of Gay People • As there are no religious clergy in Islam, the issue of the ordination of gay people, or for that matter, women in religious posts does not arise. • Scholarly knowledge and authority as well as pious spirituality is more important to Muslims then the gender or sexual orientation of the scholar. • Public confessionalism is seen as a moral weakness.
  • 115. Ethics in Islam In Conclusion… Islam is not against the satisfaction of sexual desires in the form of a legitimate marriage. This is the balanced path between the two extremes of no sexual desires (impotence) and having indiscriminate sexual activity with just about anyone. Any physical desire unchecked eventually becomes self-destructive for the person and the society.