Berna Arda Vardit Rispler-Chaim Editors Islam and Bioethics Ankara 2012 2 to all who struggle with the prejudices and intolerance 3 ACKNOWLEDGEMENTS We thank to Prof. Amnon Carmi who helped establish the first link; to the members of the local Turkish committee made it all possible; to the authorities of Ankara University for their generous support, and we are grateful to all the participants coming from 17 different countries in the 3 rd Islam and Bioethics International Conference in 2010 who attended and expanded our knowledge of Islam and bioethics. Berna Arda and Vardit Rispler - Chaim 4 CONTENTS Editor Biographies Author List Introduction Section I: Historical aspects of Islamic bioethics The Evaluation of Healthcare in the Seventeenth Century in Respect of Travelers Esin Kahya The Gendered Discourse of the Preparation for Burial in Pre-Modern Muslim Societies Hadas Hirsch Section II: Methodology of Islamic bioethical decision-making and Islamic ethico- religious attidues to certain topics in bioethics • The Place of Bioethics Principles of Islamic Ethics Sahin Filiz Islamic Medical Jurisprudence: Sources and Modus Operandi Abul Fadl Mohsin Ebrahim Medical Experts and Islamic Scholars: What Do (should) they Bring to the Table in Islamic Bioethical Deliberations Aasim I. Padela, Hasan Shanawani, Ahsan Arozullah Objections to Euthanasia and Organ Transplantation and Determining Values in the Light of Islamic Ethics Müfit Selim Saruhan 5 The Bioethics Looks on Abortion in Islam. A Special Case: Egypt Elisabetta Necco Assisted Reproduction Technology (ART): The Islamic Law Perspective Abdul-Razzaq Abdul-Majeed Alaro Theo-Ethical Admissibility and Limitations of Tampering with Human Nature in Islamic Theology Mahmut Ay Evaluation of Sterilization and Chemical Castration in Islamic Law Ahmet Ünsal Cloning: Philosophical Arguments on the Moral Implications, an Islamic Perspective Mashhad Al-Alla Brain Death: Ethico-legal and Metaphysical Challenges for Modern Islamic Bioethics Aasim I. Padela, Mohammed Amin Kholwadia, Ahsan Arozullah * 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 Section III: Bioethical positions in specific Islamic communities or in certain countries Bioethics, Human Rights and Islam in Multicultural Societies Hajrija Mujovic Zornic Ethical Problems Related to The Management of The Incarcerated Juvenile Immigrants with Psychiatric Problems in The Italian Prisons Rosaria Nardello, Noaman Beji The influence of Islam in the Use of Assisted Reproductive Technologies (ART) in The United Arab Emirates (UAE) and How it Shapes The Decision Making Processes of Emirati Families Using Modern Technologies Shirin Karsan 6 Voluntary Induced Abortion in Turkey: Why Ten Weeks? Ahmet Acıduman, Önder İlgili, Şehriyar Şems The Debate about Female Genital Mutilation in Contemporary Egypt. Serena Tolino The Viewpoints of the Presidency of Religious Affairs of Republic of Turkey on Various Bioethical Problems Cemal Hüseyin Güvercin Section IV: Miscallaneous Investigation of Articles in Literature Related to Islam and Bioethics in the Example of American Journal of Bioethics and Journal of Medical Ethics Journals from 2001 to the Present Önder İlgili, Ahmet Acıduman Islamic and Buddhist Medical Ethics: Morality and Theology in Moral Reasoning David Cummiskey What Should Be Learned from the Islamic Ethical Values in Disaster Preparedness and Relief Miroslava Vasinova, Maurizio Castelli, Antonio Piga, Teresa Alfonso 7 EDITOR BIOGRAPHIES Berna Arda Prof. Berna Arda, a graduate of Ankara University School of Medicine 1987, has medical specialty and PhD degrees, teaches at the Department of Medical Ethics and History of Medicine in Ankara University School of Medicine, Ankara, Turkey. Her main research and publication fields are science ethics, human rights, woman and bioethics, medical law, ethics education and disease concept in history of medicine. Guest professor on the University College of London, History of Medicine Center, between January and June 2008. Founder chairperson of Turkish Bioethics Society (1994-2001), Member of High Disciplinary Committee of Turkish Medical Association (2008-2012). Governor (2006- ) and Vice- president (2010- ) of World Association for Medical Law, founder International Association for Education in Ethics(2011- ). Vardit Rispler-Chaim Prof. Vardit Rispler-Chaim, a graduate of UC Berkeley, USA 1985, teaches Islamic Studies at the Department of Arabic Language and Literature at the University of Haifa, Haifa, Israel. Her main fields of research and publication are Islamic law, Islamic medical ethics, and human rights in Islam, Qur'an and commentaries. She has published several articles on the position of Islamic ethics on topics such as abortion, genetic engineering, postmortem examinations, the beginning of life, selecting the sex of the embryo, restoration of virginity, and more. She is the author of the books: Islamic Medical Ethics in the Twentieth Century . Leiden: E.J. Brill, 1993, and Disability in Islamic Law . Dordrecht: Springer 2007. Prof. Rispler-Chaim has organized several local and international conferences on the subject of Islam and bioethics, the most recent one was co-organized in April 2010 in Manavgat- Antalya, with Prof. Berna Arda of Ankara University. 8 AUTHOR LIST Editors Berna ARDA Vardit RISPLER - CHAIM (in alphabetical order) Ahmet ACIDUMAN, MD, PhD Associate Professor of Medical Ethics and History of Medicine Ankara University, School of Medicine Department of Medical History and Medical Ethics Ankara, Turkey Ahmet.Aciduman@medicine .ankara.edu.tr Mashhad AL – ALLA, PhD Professor of Philosophy and Islamic Studies The Petroleum Institute Abu Dhabi, United Arab Emirates [email protected] Abdul – Razzaq Abdul – Majeed ALARO, PhD Senior Lecturer University of Ilorin, Faculty of Law, Department of Islamic Law Nigeria [email protected] Teresa ALFONSO Alcala University, Legal and Forensic Medicine Area of Bioethics Spain Ahsan AROZULLAH, MD, MPH Astellas Pharma Global Development Deerfield IL, United States of America Mahmut AY Associate Professor Ankara University, Faculty of Divinity 9 Department of Theology Ankara, Turkey [email protected] Noaman BEJI Consultant for Ministry of Justice Department of Juvenile Justice Cultural Mediator, Ministry of Justice Palermo Italy Maurizio CASTELLI European Centre for Bioethics and Quality of Life UNESCO Chair in Bioethics Unit Italy David CUMMISKEY, PhD Bates College, Philosophy Department Lewiston, Maine United States of America [email protected] Abdul Fadl Mohsin EBRAHIM, PhD Professor of Islamic Studies University of KwaZulu – Natal, School of Religion and Theology Durban, South Africa [email protected] Sahin FILIZ Professor, Akdeniz University, Faculty of Art and Sciences Department of Philosophy Antalya, Turkey [email protected] Cemal Hüseyin GUVERCIN, MD, PhD Ministry of Health Ankara, Turkey [email protected] Hadas HIRSCH, PhD Oranim Academic Collage for Education, Ramat Ishay Israel [email protected] 10 Onder ILGILI, MD PhD Candidate, Ankara University, School of Medicine Department of Medical History and Medical Ethics Ankara, Turkey [email protected] Esin KAHYA, PhD Ankara University, Faculty of Letters The Department of Philosophy, Emeritus Prof. Ankara, Turkey [email protected] Shirin KARSAN MBE, University of Pennsylvania Ben Mawr, PA United States of America [email protected] Mohammed Amin KHOLWADIA Dar – ul – Qasim Institute Glen Ellyn, Illinois, United States of America Rosario NARDELLO Assistant Professor University of Palermo, Faculty of Medicine and Surgery “Mother /Child University Department”, Neuropsychiatry of Child and Adolescence Section Palermo, Italy [email protected] Elisabetta NECCO, MS Ph.D. Candidate – Multiculturalism and Islam University of Seville Spain [email protected] Aasim I. PADELA, MD, MS University of Michigan, Robert Wood Johnson Clinical Scholars Program Departments of Emergency & Internal Medicine Michigan, MI United States of America [email protected] 11 Antonio PIGA WAML Honorary Governor Alcala University, Legal and Forensic Medicine Area of Bioethics Spain [email protected] Müfit Selim SARUHAN, Assoc.Prof., Ankara University, Faculty of Divinity, Department of Islamic Philosophy, 06500 Beşevler- Ankara Turkey [email protected], Hasan SHANAWANI, MD, MS Department of Pulmonary & Critical Care Medicine Wayne State University, Detroit, MI United States of America [email protected] [email protected] Şehriyar ŞEMS Independent Scholar, Ankara, Turkey [email protected] Serena TOLINO, MA PhD Candidate – University of Naples L’Orientale and Graduate School Society and Culture in Motion, Martin – Luther – Universität, Halle – Wittenberg Halle (Saale), Germany [email protected] Ahmet UNSAL Associate Professor Ankara University, Faculty of Divinity Department of Theology 12 Ankara, Turkey [email protected] Miroslava VASINOVA, MD Professor, Governor of WAML European Centre for Bioethics and Quality of Life UNESCO Chair in Bioethics Unit Italy [email protected] Hajrija M. MUJOVIC – ZORNIC, PhD Senior Research Fellow at the Institute of Social Sciences, University of Belgrade, Serbia; Secretary General of Association for Medical Law of Serbia [email protected] 13 INTRODUCTION TO THE PROCEEDINGS