Research

 

Publications


wilayah

Wilāyah and its implications for Islamic Bioethics

Ahsan M. Arozullah and Mohammed A. Kholwadia

This article was published in March 2013 in the Journal of Theoretical Medicine and Bioethics.

One of the goals of Darul Qasim is to bring traditional Islamic scholarship to bear on the mainstream discourse in various disciplines. This paper was based on a presentation given by Shaykh Amin at the Islamic Bioethics conference in Ann Arbor, MIchigan in 2011. This article is the product of research that commenced back in 2011. This work can serve as as a foundation for application in other fields (e.g. in the area of business ethics).

Abstract (Full Article)

Abstract Juridical councils that render rulings on bioethical issues for Muslims living in non-Muslim lands may have limited familiarity with the foundational concept of wilāyah (authority and governance) and its implications for their authority and functioning. This paper delineates a Sunni Ma¯turı¯di perspective on the concept of wilāyah, describes how levels of wilāyah correlate to levels of responsibility and enforceability, and describes the implications of wilāyah when applied to Islamic bioethical decision making. Muslim health practitioners and patients living in the absence of political wilāyah may be tempted to apply pragmatic and context-focused approaches to address bioethical dilemmas without a full appreciation of significant implications in the afterlife. Academic wilāyah requires believers to seek authentication of uncertain actions through scholarly opinions. Fulfilling this academic obligation naturally leads to additional mutually beneficial discussions between Islamic scholars, healthcare professionals, and patients. Furthermore, an understanding derived from a Ma¯turı¯di perspective provides a framework for Islamic scholars and Muslim health care professionals to generate original contributions to mainstream bioethics and public policy discussions.

wilayah

Dire Necessity and Transformation: Entry-points for Modern Science in Islamic Bioethical Assessment of Porcine Products in Vaccines

Aasim I. Padela, Steven W. Furber, Mohammad A. Kholwadia and Ebrahim Moosa

Dr Padela’s’s time-effort for this project was partially funded by the Robert Wood Johnson Foundation Clinical Scholars program and the project was partially carried out during his tenure as a Visiting Fellow at the Oxford Centre for Islamic Studies. This paper was presented in partial form at a conference entitled ‘Health related Issues and Islamic Normativity’ at University of Hamburg and at the a conference on ‘The Interplay of Islam & The West’ at Georgetown School of Foreign Service, Doha Qatar both in June 2012. We thank the Prof. Farhan Nizami, Prof. Afifi al-Akiti, Prof. Mohammad Akram and the OCIS staff for the gracious hospitality, advice and support. We thank Drs. Farr Curlin and Daniel Sulmasy for their feedback and guidance while this paper was conceptualized.

Abstract (Full Article)

The field of medicine provides an important window through which to examine the encounters between religion and science, and between modernity and tradition. While both religion and science consider health to be a ‘good’ that is to be preserved, and promoted, religious and sciencebased teachings may differ in their conception of what constitutes good health, and how that health is to be achieved.
This paper analyzes the way the Islamic ethico-legal tradition assesses the permissibility of using vaccines that contain porcine-derived components by referencing opinions of several Islamic authorities. In the Islamic ethico-legal tradition controversy surrounds the use of proteins from an animal (pig) that is considered to be impure by Islamic law. As we discuss the Islamic ethico-legal constructs used to argue for or against the use of porcine-based vaccines we will call attention to areas where modern medical data may make the arguments more precise. By highlighting areas where science can buttress and clarify the ethico-legal arguments we hope
to spur an enhanced applied Islamic bioethics discourse where religious scholars and medical experts use modern science in a way that remains faithful to the epistemology of Islamic ethics to clarify what Islam requires of Muslim patients and healthcare workers.

medical experts deliberating over brain death

Medical Experts & Islamic Scholars Deliberating over Brain Death: Gaps in the Applied Islamic Bioethics Discourse

Aasim I. Padela, Hasan Shanawani and Ahsan Arozullah

This paper was presented in partial form at the 2009 Islamic Medical Association of North America Annual Convention in Washington DC, and at the 3rd Islam and Bioethics International Conference in Antalya Turkey in 2010. Dr. Padela’s time-effort and project funding was through the Robert Wood Johnson Foundation Clinical Scholars Program. We thank the tireless effort, teaching, and intellectual content review of Shaykh Mohamed Amin Kholwadia, resident scholar at the Dar-ul-Qasim Islamic Educational Institute, Glen Ellyn, IL and all those who participated in our bi-monthly scholastic seminars.

Abstract (Full Article)

The scope, methodology and tools of Islamic bioethics as a self-standing discipline remain open to debate. Physicians, sociologists, Islamic law experts, historians, religious leaders as well as policy and health researchers have all entered the global discussion attempting to conceptualize Islamic bioethics. Arguably, the implications of Islamic bioethical discourse is most significant for healthcare practitioners and their patients, as patient values interact with those of healthcare providers and the
medical system at large leading to ethical challenges and potential cultural conflicts. Similarly the products of the discourse are of primary import to religious leaders and Imams who advise Muslim patients on religiously acceptable medical practices. However, the process and products of the current Islamic bioethical discourse contains gaps that preclude them from meeting the needs of healthcare practitioners, religious leaders, and those they advise.

Within the medical literature, published works on Islamic bioethics authored by medical practitioners often contain gaps such as the failure to account for theological debates about the role of the intellect, ‘aql, in ethical decision making, failure to utilize sources of Islamic law, and failure to address the pluralism of opinions within the Islamic ethicolegal framework.2 On the other hand, treatises authored by Islamic legal experts and fata ¯wa ¯ offered by traditional jurisconsults often lack a practical focus and neglect healthcare policy  implications. Multiple organizations have attempted to address these gaps through a multidisciplinary approach of bringing together  various experts, healthcare practitioners and traditional jurisconsults when addressing questions of concern to medical practitioners and Islamic scholars.

The purpose of this paper is to illustrate the necessary expertise when undertaking applied Islamic bioethical deliberations. By outlining who (and what) should be brought to these deliberations, future Islamic bioethics discourse should produce relevant decisions for its consumers. Our analysis begins with defining the consumers of applied Islamic bioethics and their needs. We then proceed to describe the state of the discourse and the various individual and organizational participants. Based on Islamic bioethical discussions regarding brain death, we evaluate how well select products meet the needs of consumers and consider what additional expertise might be needed o adequately address the questions. Finally, we offer a general description of experts that must be brought together in collaborative efforts within applied Islamic bioethics.

wilayah

Brain Death in Islamic Ethico-legal Deliberation: Challenges for Applied Islamic Bioethics

Aasim I. Padela, Ahsan Arozullah and Ebrahim Moosa

This paper was presented in partial form at the 3rd Islam and Bioethics International Conference in Antalya Turkey in 2010. Dr. Padela’s time-effort was funded through the Robert Wood Johnson Foundation Clinical Scholars Program. We thank the staff and students at Darul Qasim Islamic Institute and all those who participated in our bi-monthly scholastic seminars for feedback and content review.

Abstract (Full Article)

Since the 1980s, Islamic scholars and medical experts have used the tools of Islamic law to formulate ethico-legal opinions on brain death. These assessments have varied in their determinations and remain controversial. Some juridical councils such as the Organization of Islamic Conferences’ Islamic Fiqh Academy (OIC-IFA) equate brain death with cardiopulmonary death, while others such as the Islamic Organization of Medical Sciences (IOMS) analogize brain death to an intermediate state between life and death. Still other councils have repudiated the notion entirely. Similarly, the ethico-legal assessments are not uniform in their acceptance of brain-stem or whole-brain criteria for death, and consequently their conceptualizations of, brain death. Within the medical literature, and in the statements of Muslim medical professional societies, brain death has been viewed as sanctioned by Islamic law with experts citing the aforementioned rulings. Furthermore, health policies around organ transplantation and end-of-life care within the Muslim world have been crafted with consideration of these representative religious determinations made by transnational, legally-inclusive, and multidisciplinary councils. The determinations of these councils also have bearing upon Muslim clinicians and patients who encounter the challenges of brain death at the bedside. For those searching for ‘Islamically-sanctioned’ responses that can inform their practice, both the OIC-IFA and IOMS verdicts have palpable gaps in their assessments and remain clinically ambiguous. In this paper we analyze these verdicts from the perspective of applied Islamic bioethics and raise several questions that, if answered by future juridical councils, will better meet the needs of clinicians and bioethicists.

Erratum

wilayah

Using Fatawa Within Islamic and Muslim Bioethical Discourse: The Role of Doctrinal and Theological Considerations – A Case Study of Surrogate Motherhood

Aasim I. Padela, Hasan Shanawani, Mohammed Amin Kholwadia, Ahsan Arozullah

From the book, Islam and Bioethics by Vardit Rispler-Chaim Berna Arda. A form of this paper is under-review in an academic peer-reviewed journal, thus this work represents preliminary thoughts of the authors. This paper was presented in partial form at the 3rd Islam and Bioethics International Conference in Antalya Turkey in 2010. Dr. Padela’s time-effort and project funding was through the Robert Wood Johnson Foundation Clinical Scholars Program.

Abstract (Full Article)

Studies of fatawa, or legal opinions issued by Muslim scholars based on the Islamic ethico-legal structure, are the conrnerstone of Muslim and Islamic bioethics studies. Islamic bioethics researchers utilize fatawa as source texts for study, cilnicians use fatawa to understand the permissibility of medical intervention, health policy advocates use fatawa as the basis for constructing health policy options, and Islamic studies experts use fatawa as source texts from which to derive and prioritize principles for a global Islamic bioethics. In all of these and other disciplines, regardless of methodology, the focus is on analyzing fatawa. “For the study of twentieth century Islam it is almost the only channel through which Muslim scholars’ attitudes and legal opinions can be learned.

Conference papers & presentations


May 7-8, 2016

Mawlana Kamil Uddin

Mawlana Kamil Uddin presented a paper entitled “Deluge: the Divine Punishment in the Qurʿān” at Kuala Lumpur International Islamic Studies & Civilizations Conference.

April 17, 2016

Dr. Muhammed Volkan Stodolsky

Dr. Muhammed Volkan Stodolsky presented a paper entitled “A Jurisprudential (Uṣūlī) Framework for Cooperation between Muslim Jurists and Physicians and Its Application for Determination of Death” by Dr. Muhammed and Shaykh Mohammed Amin Kholwadia at Interfaces and Discourses: A Multidisciplinary Conference on Islamic Theology, Law, and Biomedicine, hosted by the Initiative on Islam and Medicine at the University of Chicago.

April 17, 2016

Mawlana Bilal Ali Ansari

Hooman Keshavarzi presented a paper entitled “The Role of Forensic Psychiatry in Islamic Law: Exploring Judicial Reasoning and Current Practices” by Mawlana Bilal Ali Ansari and Hooman Keshavarzi at Interfaces and Discourses: A Multidisciplinary Conference on Islamic Theology, Law, and Biomedicine, the University of Chicago.

April 16, 2016

Dr. Ahsan Arozullah

Dr. Ahsan Arozullah made a presentation entitled “Islamic Ontology-Based Causes and Means of Healing” prepared by Dr. Ahsan Arozullah, Dr. Aasim I Padela, Shaykh Amin Kholwadia, and Dr. Muhammed Stodolsky at Interfaces and Discourses: A Multidisciplinary Conference on Islamic Theology, Law, and Biomedicine hosted by the Initiative on Islam and Medicine at the University of Chicago. Shaykh Amin delivered the key note at this conference. Follow this link for videos.

March 18, 2016

Mawlana Bilal Ali Ansari and Hooman Keshavarzi

Mawlana Bilal Ali Ansari and Hooman Keshavarzi presented a paper entitled “The Role of Forensic Psychiatry in Islamic Law: Exploring Judicial Reasoning and Ancient Practices” at Peace and Justice: Building Harmony Between Psyche and Law, hosted by the Muslim Mental Health Conference of the Institute of Muslim Mental Health and Michigan State University.

March 6, 2016

Dr. Muhammed Volkan Stodolsky

Dr. Muhammed Volkan Stodolsky presented a paper entitled “Certainty of Cure as a Criterion for the Medical Use of Prohibited Substances in Islamic Law” at 2016 Conference on Medicine and Religion, Houston, Texas

February 28, 2016

Mawlana Bilal Ali Ansari

Mawlana Bilal Ali Ansari presented a paper entitled “Contentions of Indian Ḥanafī Scholars on the Permissibility of Financial Interest in Post-Mughal India” at The Fiqhī Heritage in the Ottoman Empire and India in Light of Printed Works and Manuscripts, hosted by Istanbul University Theology Faculty, Istanbul Foundation for Research and Education (ISAR), and the Islamic Fiqh Academy India

February 27, 2016

Dr. Muhammed Volkan Stodolsky

Dr. Muhammed Volkan Stodolsky presented a paper entitled “دعوى الدهلوي أن أبا حنيفة كان متبع إبراهيم النخعي ومخرجا على مذهبه” at The Fiqhī Heritage in the Ottoman Empire and India in Light of Printed Works and Manuscripts, hosted by Istanbul University Theology Faculty, Istanbul Foundation for Research and Education (ISAR), and the Islamic Fiqh Academy India