Dr. Hassan Hathout
Dr. Hassan Hathout

The International Islamic Code for Medical and Health Ethics

INTRODUCTION
by
Dr. Ahmed Ragai El-Gendy
Assistant Secretary General of The Islamic Organization for Medical Sciences (IOMS)



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Issuing the Islamic Code of Medical Ethics is a watershed in the history of the IOMS which has accentuated its prominence not only in the Arab and Islamic worlds but at the international level as well. The Code is considered a unique document comprising three parts. The first part deals with the behavior prescribed for the medical professionals in addition to their rights and duties. The second part focusses on medical research: its requirements; the areas specified as off limit; and the rights of researchers, patients and the whole society. The third part is about medical innovations.

The Code draws heavily on the Islamic Sharia and keeps in line with its purposes and the interests it serves. It represents a historic development in medical thought. In 1980 when IOMS issued " The Islamic Constitution for Medical Professions" it was a unique event at that time although it confined itself to matters that were of interest then both to IOMS and to world organizations as well. On the international arena the medical researchers did not have then the same status and renown they have now. The only medical accomplishment up to that time was the test-tube baby.

Today, news of major scientific achievements surprise us almost on the hour: organ transplantation, the Human Genome, genetic engineering, and cloning, among others. Some of these achievements are not less exciting than science fiction. Day after day we read about the results of their application to real problems on the ground.

The use of the computer and many other high-tech apparatuses has created a situation where several health care providers participate in treating a patient. Handling health problems has also grown so sophisticated that they are approached from various angles. The inevitable corollary of all this is that a patient's confidential information circulate now in more than one medical quarter. Therefore, the principle of strict confidentiality of a patient's information vigilantly kept by his/her doctor seems to have become outdated and needs to be reviewed and regulated in light of the new developments in the field of health care. That is exactly what the Islamic Code of Medical Ethics is meant to do. The Code is the end result of very serious and deep discussions by specialized committees in a symposium which required a whole year of preparations. These committees were membered by scholars of Islamic jurisprudence, health care professionals and academic Ethicists. A committee was set up for each of the above mentioned axes of the Code. The first committee responsible for the proper behavior of medical professionals in addition to the rights and duties of physicians was formed from the following members. They worked on a draft paper prepared for the committee by Dr. Ahmed Ragaie Al-Gendi, the IOMS assistant Secretary General.

Counselor Abdalla Al Eissa
Dr. Abdallah Sa'eed Hattab
Dr. Tawfeek Bin Ahmed Khoga
Dr. Abdallah Al Ghuneim
Dr. Osama Raslan
Dr. Khaled Al Mazkoor
Dr. Mahmoud Al Manawi
Dr. Mohamed Haytham Al Khayyat
Dr. Salah Al Aateqi
Dr. Basel Abdul Gabbar
Dr. Ali Yousef Al Saif
Dr. Gamal Al Garallah
Dr. Ahmed R. Al Gendi
Dr. Ma'moon AL Hajj
Dr. Yousef Al Nesef
Dr. Saleh Rachid Al Ma'mari
Dr. Fayez Al Kendari
Dr. Hamdi Abdellah
Dr. Fayez Al Zefeery
Dr. Abdallah Bin Ibrahim Al Shereef
Dr. Mohamed Al Mesh'aan
Dr. Abdallah Al Kendari

After a comprehensive discussion of the draft paper, the committee members eventually agreed on a semi-final form that was to be presented to the symposium.

Concerning the second part of the Code which deals with scientific research the relevant committee has decided to work on the international document entitled "The World Ethical Guidelines for Biomedical Research Related to Humans: an Islamic Perspective" issued by CIOMS. The document was translated into Arabic and sent to the Islamic jurisprudent Dr. Nazeeh Hamaad who contributed with writing dowm the Islamic point of view. It was then referred to Sheikh Mohamed Al Mokhtar Al Salami, Dr. Abdelsattar Abu Ghudda, Dr. Mohamed Maher Hammamy, Dr. Fayez Al Zefeery, Dr. Sa'eed Hattab, Dr. John Briant and Dr. Hossam Fadl for perusal and later on for comments when the symposium was in session. Professor Saad Eddeen Helal was assigned the task of looking into the third part related to medical innovations and putting it in the accomplished from that was to be presented. It was then sent to His Eminence Dr. Ali Gom'aa, the Grand Mufti of Egypt, Dr. Gamal Abul Suroor, Dr. Gamal Al Garallah, Dr. Sayyid Rachid Hussien and Dr. Mostafa Al-Musawi for opinions and remarks preliminary to debate in the symposium.

The symposium was held in Cairo from Shawal 28 to Zul Ke'da 2, 1425 H. (Dec 11 -14, 2004). Three subcommittees were set up to finalize the formulation of the Code's three parts. The Committee on behavior and the physicians rights and duties was formed from:

Dr. Haytham Mohamed Al Khayyat
Dr. Ajeel Al Nashmi
Dr. Ahmed R. Al Gendi
Dr. Osama Raslan
Dr. Mohamed Ali Al Barr
Dr. Fayez Al Kendari
Dr. Farahat Mo'azzam
Dr. Mahmoud Al Manawi
Dr. Tawfeek Bin Ahmed Khoga

Dr. Mohamed Haytham Al Khayyat undertook the task of revising the whole part, then he put it in the form it assumes now.

The second committee on "The World Ethical Guidelines for Biomedical Research: an Islamic Perspective" was formed from:

Sheikh Mohamed Al Moktar Al Salami
Dr. Fayez Al Zufeery
Dr. Nazeeeh Hammaad
Dr. Abdallah Sa'eed Hattab
Dr. Abdel Sattar Abu Ghuda
Dr. Hussam Fadl
Dr. Mohamed Maher Hammami
Dr. John Briant

The third committee on "Medical Innovations and Related Islamic Juridical Rules" was formed from:

Dr. Ali Gom'aa
Dr. Mostaffa Al Musawi
Professor Saad Eddeen Helal
Dr. Mahmoud Fathallah
Professor Gamal Abu El Surrur
Dr. Abdallah Bin Ibrahim Al Shereef
Professor Gamal Al Garallah

The results reached by all these committees were finally submitted to the Recommendations Committee formed from:

Counselor Abdallah Al Eissa Chairman
Dr. Khaled Al Mazkoor
Dr. Abdullah Al Ghuneim
Dr. Salah Al Ateeki
Dr. Ali Yousef Al Saif
Dr. Abdelsattar Abu Ghudda
Dr. Nazeeh Hammaad
Dr. Mohamed Haytham Al Kayyat
Dr. Hassan Hathout
Dr. Saad Eddeen Helal (Rapporteur)
Dr. Ahmed R. Al Gendi

One of the committee recommendations was to assign the task of writing an introduction to the Code to one of the colleagues. Dr. Ahmed R. Al Gendi undertook the job and submitted the draft introduction to Dr. Abdel Rahman Abdallah Al Awadi, counselor Abdallah Al Eissa and Dr. Abdallah Al Ghuneim for revision.

The IOMS General Secretariat revised the final version of the Code which will hopefully fill up a gap and serve as a frame of reference in this field.

The IOMS Board of Trustees has issued a resolution making it necessary that the contents of the Code should be revisited every two years so that new events or researches anywhere in the world can be appended.

We humbly hope that we have done our job as appropriately as expected and pray God to grant us His gracious acceptance.

We would also like to express our deepest appreciation and gratitude to all those who have contributed to this work hoping it will live up to the purposes it was meant to serve.

 

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