In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 67 (5/7) Medical Treatments

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 7th session in Jeddah, Kingdom of Saudi Arabia, on 7–12 Dhū al-Qi’dah 1412h (9–14 May 1992),

Having examined the research papers submitted to the Academy concern- ing Medical Treatments,

Having listened to the discussions on the subject,

Resolves

1. Medical Treatments

The initial Shariah ruling on medical treatments is permissibility given its explicit mentions in the Holy Quran and in the verbal and the practical Sunnah, and due to its “preservation of life,” which is one of the universal objectives of Shariah.

Rulings on medical treatments differ depending on the different situa- tions and individuals, as follows:

• It is obligatory if foregoing it may result in the person’s self-destruction, an organ’s loss or a disability, or if the disease may spread to others as in the case of contagious diseases.
• It is desirable if foregoing it may weaken the body without causing the consequences mentioned in the first case above.
• It is permissible if not mentioned by the two cases
• It is undesirable if the action to be taken is risky and may cause serious complications, worse than the disease to be cured.

1. Treatment of Hopeless Cases

1. One of the principles of the Islamic faith is that illness and cure are in the hands of the Almighty Allāh, and that medical care and treatment

are a way of adopting the means provided by Allāh the Almighty in the universe. It is not permissible to despair of Allāh’s mercy but necessary to maintain the hope of healing by Allāh’s will. Doctors and the patient’s relatives should raise the patient’s morale, continue to look after him, and alleviate his psychological and physical sufferings regardless of the chances or lack of recovery.

1. The concept of a clinically hopeless cases depends on the physicians’ assessment, the medical capacities at any given time and place, and the patient’s circumstances.

   • Patient’s Consent
2. The patient’s consent for the treatment is conditional if the patient is in full legal capacity to give If he is not, the permission of his or her legal guardian shall be sought according to the order of guardianship in Shariah, and in conformity with its provisions which limit the scope of the guardian’s action to the benefit and interest of the person under guardianship as well as to eliminating harm from him or her.

If the guardian, however, does not to give consent, his decision shall not be taken into consideration if it is clearly detrimental to the person under guardianship. The right to giving consent shall then be transferred to the next guardian and ultimately to the authorities.

1. Authorities have the right to oblige medical treatments when deemed appropriate as in case of contagious diseases and preventive
2. When the victim’s life is in danger as in emergency cases, medical treatment shall not depend on consent.
3. While conducting medical research, it is necessary to obtain the subject’s consent if he or she is fully competent so as to avoid coercion (as in the case of prisoners) and financial enrichment (as in the case of the needy persons). Furthermore, the research to be undertaken must not involve any harm.

It is not permissible to conduct medical research on incapacitated or diminished persons, even with the consent of their guardians.

Recommendations

The Academy shall call for research submissions on the following medical issues for consideration at its upcoming sessions:

• Treatment with prohibited and impure materials and criteria for use of
• Aesthetic
• Doctor
• Treatment of Women by a Male Doctor, and vice-versa, and the treatment of Muslims by a non-Muslim doctor.
• Treatment with Ruqya (spiritual healing based on the Quran and Sunnah).
• Doctor’s code of ethics (to be discussed in several sessions if necessary).
• Influx of patients into treatment and their order of
• Researching certain types of diseases that typically result in doctors’ inabil- ity or reluctance to provide treatment. Examples may include:
• A person with full body cancer. Should he be treated or just given painkillers and tranquillizers?
• A child with severe hydrocephalic (cerebral death) accompanied by certain types of paralysis and his brain is atrophied (certain areas of the brain are still working). Should such a child be operated on? If the child has appendicitis or pneumonia, should he be treated or left untreated?
• An elderly, decrepit man who has had a thrombosis, and with some sort of paralysis, he then has kidney failure. Should kidney failure be treated with dialysis? If he has a sudden cardiac arrest, should an attempt be made to rescue him, or should he be left untreated? If he has pneumonia, should he be treated or left untreated?
• A person with severe brain injuries but with some parts of the brain still functioning (not included in the definition of brain death) and is in a coma and there is no hope of improvement. If such a person goes into a cardiac arrest, should he be rescued or left untreated? If that person has pneumonia, should he or she be treated? Who decides to discontinue treatment in such cases, is it a panel of doctors, or an ethics committee, or the doctors with the patient’s relatives?
• Statements of the positions of Shariah and Sunnah towards these cases and

Indeed, Allāh is the Giver of success.