Sayyed Mohamed Muhsin

Contemporary bioethical debates in the West are often polarized between secular liberal and conservative Christian perspectives, leaving limited space for cultural viewpoints rooted in non‐Western traditions such as those of Hinduism, Confucianism, Islam and various African value systems. Secular liberalism's emphasis on individual autonomy often clashes with the communitarian and family‐centred ethics prevalent in many Asian and African societies (i.e., the Global South). Meanwhile, certain conservative Christian positions, such as blanket opposition to embryo‐based stem cell research or abortion even in cases of rape, are increasingly being challenged, including within Western contexts, for their perceived inflexibility and impracticality. Historical trends suggest that rigid ideological frameworks may lose relevance over time, underscoring the need for a more inclusive and pragmatic model of global bioethics. This article examines the potential contribution of fiqh, the science of interpreting Islamic revealed texts, and Maqāṣid al‐Sharīʿah (the higher objectives of Islamic law) to the discourse of global bioethics. It explores the intersection of Universalism and Realism in Islamic thought and discusses how Sharīʿah conceptualizes human life and the strategies for its protection, particularly through the principle of the Preservation of Life (ḥifẓ al‐nafs) as a central objective. Furthermore, it analyses the role of maṣlaḥah (public interest), the function of Islamic legal maxims as a roadmap to achieving ethical goals, and the centrality of family and community in Islamic ethics. These themes are considered in contrast to the individualistic values predominant in Western bioethical frameworks.

This study examines the declining fertility rates in East Asian Confucian societies, focusing on the unique childrearing practices and how future advancements in human enhancement and reprogenetic technologies may further accelerate the demographic decline. The focus is on the obsession with “child perfectionism” driven by the pursuit of academic credentialism and hypercompetitive social norms. This phenomenon has roots in the historical imperial examinations of China and has evolved into modern college entrance exams. Recent growth in knowledge-based and technology-driven economies in East Asia has further fueled this trend, leading to the widespread practice of “tiger parenting” whereby parents push their children into the competitive educational system at an early age, often paying high fees for private tuition. Such intense pressure discourages many families from having more children, with some couples choosing not to have any children at all. The development of cognitive-enhancing brain chips and reprogenetic technology platforms for consumer eugenics, such as germline genome editing and polygenic embryo screening, may further increase financial strain on parents, potentially accelerating demographic decline. The term “Confugenics” is thus proposed to describe the intersection of these new eugenics and enhancement technologies with the Confucian emphasis on academic success, which may worsen the demographic crisis.

A survey study by Haininget alreported significantly higher percentages of Singaporeans approving of human cognitive enhancement via reprogenetic technologies, as compared with American respondents in a similar previous survey study conducted in the USA. Some caveats on human cognitive enhancement with reprogenetic technologies, such as polygenic embryo screening and germline gene editing, are thus discussed based on the local sociocultural context of Singapore. First, within a hypercompetitive shame-based Confucian society such as Singapore, the autonomy of the cognitively enhanced offspring would likely be curtailed by the heavy-handed ‘tiger-parenting’ approach of their parents, who, after investing so much money in enhancing their cognitive ability, would have ‘heightened’ expectations of their academic performance. Second, cognitive enhancement may not improve the personal happiness, sense of fulfilment and overall well-being of the offspring, particularly if their unique motivations and aspirations do not align with the idealised visions and expectations of their parents, and if they are unable to fulfil the unrealistic and unreasonable expectations imposed by their parents and broader society. Third, cognitive enhancement may not necessarily improve the future prospects and life success of the offspring if this further exacerbates an unbalanced job market with an oversupply of university graduates. Fourth, cognitive enhancement is anticipated to be very expensive and hence be afforded only by the affluent, thereby further aggravating existing socioeconomic disparities. Last, the high costs of such technologies could further accelerate demographic decline due to the heavy financial burden on prospective parents. Hence, Singapore must carefully consider these caveats before permitting such cognitive-enhancing technologies.

The first implantation of a brain chip into a human paralysis patient by Neuralink demonstrated much potential for treating debilitating neurological diseases and injuries. Nevertheless, brain chips can also be implanted in healthy people to provide an interface between the human brain with computers, robotic machines, and novel artificial intelligence platforms, which generates new ethical issues. The focus here is on the development of brain chip implants that can significantly improve memory, intelligence, and cognition, thereby boosting performance in national examinations for university admissions and securing civil service jobs, thus providing a “game-changer” and “shortcut” for many students and parents. Given that Islam is a major world religion, constituting a significant portion of the global population, it is crucial for the biomedical industry to comprehend Islamic perspectives on emerging medical technologies, which will enable it to more effectively cater to a substantial and growing demographic. We thus critically examine whether the application of brain chip technology to enhance academic performance in highly competitive examinations is consistent with Islamic principles. Based on the Islamic jurisprudential framework, such an application for intellectual enhancement of normal and healthy people without any mental impairment may conflict with the injunction to preserve intellect (Hifz al-Aql) and “consideration of consequences” (murāʿāt al-ma'ālāt) in Islam. It may also be viewed as tampering with Allah’s creation (Taghyir Khalq Allah). Gaining such unfair advantages in competitive examinations will likely be viewed as unethical, by transgressing the core Islamic precepts of Amanah (trustworthiness), Al-‘Adl (justice), Ikhlas (sincerity), and Mujahadah (striving).

Malaysia faces a critical shortage of organ donors, with Muslims participating at lower rates compared to other ethnoreligious groups. This study investigates the sociocultural and religious factors shaping Muslim attitudes towards organ donation. Using both quantitative and qualitative methods, a survey conducted in Kuala Lumpur assessed Muslims’ willingness to donate organs, while an interview with the Head of the National Transplant Resource Centre explored cultural and religious influences. Findings reveal significant barriers, including misconceptions that organ donation is self-harm, concerns about missing organs on Judgement Day, and beliefs regarding the sanctity of the human body in Islam. The study suggests that raising awareness through culturally sensitive campaigns, aligned with Sharīʿah principles, could address these concerns. This could potentially increase the number of Muslim organ donors, thus supporting the Sharīʿah goal of preserving life.

Human nature, values, and human existence and development are all intertwined in the notion of Maqāṣid al-Sharīʽah, which supports the well-being of humans, including those with mental health concerns. The high degree of mental health difficulties among students, such as severe stress and depressive symptoms, not only impact their academic performance but also lead to self-injurious behaviour and suicidal attempts. With the COVID-19 pandemic affecting Malaysian university students’ mental health, this article aims to explore the situation from a Maqāṣid al-Sharīʽah perspective and positive psychology. The study employed a mixed-method approach. Firstly, a quantitative descriptive analysis was done to assess students’ overall mental health symptoms to provide a rudimentary assessment of their core psychological problems. Questionnaires were accompanied by an open-ended question to triangulate respondents’ experiences and were analysed qualitatively through a thematic analysis. A DASS-21 survey was given to 87 undergraduate IIUM students (n = 81) aged 19 to 27 years. Based on the maqāṣid framework, the study could be utilised to prioritise strategies to treat mental health concerns at various levels that will ensure the preservation of human life. The ultimate purpose of this research is to provide future implications for a multidimensional framework of psychological well-being based on Maqāṣid al-Sharīʽah principles. This is consistent with the Sustainable Development Goals (SDG) that calls for action to protect humanity and to ensure that all individuals are living in peace and prosperity.

The Sharīʿah affords considerable concern for human emotions, with its rulings seeking to remove the deliberate and accidental types of harm that may be inflicted on individuals or society. The principle of medical confidentiality protects patients’ dignity and avoids potential harm if otherwise practised. Texts from the Quran and Sunnah substantiate that unjustified disclosure of secrets is prohibited and whoever breaches confidentiality is to be punished. This paper explores the origins of Islamic ethical framework vis-à-vis dealing with privacy, particularly confidential information acquired by health professionals. For that, this paper attempts to explore various āyāt (Quranic verses) and aḥādīth (Prophetic traditions) related to privacy, and thus to analogically deduct various aspects of confidentiality in the context of medical ethics. As a result, it aims to discourse on key principles of medical confidentiality from an Islamic juristic perspective, discussing its types and conditions.

Arguably, ethical guidelines and medical laws on medical confidentiality have fallen short of extrapolating the methodology for dealing with potential ethical complexities in its practice. This drawback has made it difficult for physicians to prevent harm from occurring if it has not yet happened, remove harm if it has already taken place, or minimise harm if it is unavoidable. Therefore, this article attempts to outline certain principles in the form of a framework to govern the management of confidential information in light of Islamic legal maxims. This effort is meant to help health workers to deal with conflicting situations, with reasonable care given to those at risk, while maintaining therapeutic trust and professionalism. The notable significance of this framework is that it is structured after identifying the potential harms in the protection and disclosure of medical confidentiality in selected cases from patient's, doctor's and third party's perspectives and addressing each of them with due importance.

A major breakthrough in developmental biology is the ex vivo generation of synthetic human embryos from stem cells. A comprehensive, in-depth bioethical analysis from a Sunni Islamic perspective reveals that the reproductive applications of synthetic human embryos contravene Islamic precepts of preserving lineage integrity (Hifz al-Nasl) due to disruption and confusion of kinship and familial relationships, similar to human cloning with somatic cell nuclear transfer. However, their non-reproductive applications in generating replacement tissues/organs, serving as in vitro experimental models of human development and disease, and testing platforms for evaluating pharmaceuticals and biomedical devices appear to align with Islamic principles.

Being a great jurist and influential scholar with seminal works on hadith, theology, biography and jurisprudence, al-Nawawī’s (d. 1277) views on epidemics are of great significance in these days of the pandemic. This article explores his views and explanations vis-à-vis epidemic to find his perspectives on balance between qadr (predestination) and ḥadhar (precaution) by conducting a content analysis of his various texts. In this article, the authors mainly referred to his texts Sharaḥ Muslim, Riyaḍ al-Ṣāliḥīn, al-Majmūʿ Sharaḥ Muhadhdhab, Rawḍat al-Ṭālibīn and al- Adhkār al-Muntakhab. This study substantiates that in the view of al-Nawawī, Islam postulates a balanced position between taking precaution and faith in Allah’s decrees in dealing with the situations of an epidemic. Thus, it holistically complements the concepts of qadr and hadhar to guide people towards leading a faithful and safe life in the trying times of epidemic.

The traditional gender binary constitutes an integral aspect of Islamic social ethics, which has a pivotal role in shaping religious obligations, legal proceedings, and interpersonal judgments within Muslim communities. Within the familial sphere, this gender binary underscores fundamental responsibilities encompassing parenthood, filial duties, and inheritance rights. Recent years have witnessed a growing challenge to the traditional concept of the gender binary within Islamic societies. This shift is driven by increasing social libertarianism that emphasizes gender fluidity and individual choice. Hence, this article aims to critically scrutinize evolving discussions and controversies about the rights of intersex and transgender individuals, particularly issues relating to sex reassignment or gender-affirming surgery, marriage, and reproduction, from the perspective of the Sunni tradition of Islam. To support the various interpretations and insights presented here, a comprehensive and rigorous analysis is carried out on various religious texts and scholarly sources to elucidate the theological and jurisprudential positions on gender issues. It is thus concluded that Shariah offers greater flexibility in the treatment of intersex individuals compared to those with gender dysphoria because the intersex condition is viewed as a physical impairment that is not the choice of the afflicted individual. By contrast, in the case of individuals with gender dysphoria, they are willfully attempting to change their recognized biological sex, that God had naturally given to them at birth. Therefore, it is recommended that such transgender individuals deserve respectful psychological and social rehabilitation with help and guidance from religious authorities, their families, and communities.

The Islamic legal maxim (al-qāʿidah al-fiqhiyyah) “no harm shall be inflicted or reciprocated” has become particularly significant in this era of pandemic. In the current context, this legal maxim is reasonably expected, provided that if they are adequately employed, to influence people’s choices and guide them to make certain decisions which are simultaneously religious and applicable for preservation of human life. This maxim is construed as prohibition of all actions that carry the notion of wronging, infringing on other’s rights, frustrating, overpowering, or setting back some party’s interests. In this article, we attempt to discern what Islamic jurisprudence has to say in this crucial combat which causes this global crisis. In light of the mentioned Islamic legal maxim, a flowchart that represents the sequence of the certain steps is derived, which is beneficial to be taken into consideration in the choices, decisions and actions related to or in the time of COVID-19.

Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a framework for harm elimination, utilizing the related legal maxims, which will be arguably of great use in developing an outlook that enables a person to tackle the many challenges he or she finds in the course of removal of harm. After explaining the concept and definition of Islamic legal maxims in general, this research surveys in detail the universal legal maxim “harm must be eliminated”, covering its role and significance in the theories of fiqh and its scope and application in contemporary issues. Employing descriptive, analytical and critical methods, this study categorizes the legal maxims related to the harm elimination into three: (1) maxims related to prevention of harm before its occurrence, (2) maxims related to elimination of harm after it has taken place and (3) maxims related to minimization of harm if complete removal is impractical. Likewise, this research analyses the sub-maxims of harm elimination, discussing their legal bases, various purposes for which they operate, related uṣūlī principles and legal examples, providing at the end a flowchart that represents a sequence of five steps useful in the course of removal of harm.

Singapore, a highly affluent island city-state located in Southeast Asia, has increasingly leveraged new assisted reproductive technologies (ART) to overcome its dismal fertility rates in recent years. A new frontier in ART is preimplantation genetic testing (PGT) for polygenic risk scores (PRS) to predict complex multifactorial traits in IVF (in vitro fertilisation) embryos, such as type 2 diabetes, cardiovascular diseases and various other characteristics like height, intelligence quotient (IQ), hair and eye colour. Unlike well-known safety risks with human genome editing, there are negligible risks with PGT-P, because there are no man-made genetic modifications that can be transmitted to future generations. Nevertheless, the current efficacy of using PGT-P to select IVF embryos for either increased or decreased probability of developing specific polygenic traits is still far from certain. Hence, the regulatory safeguards proposed here will be based on the assumption that the efficacy of this new technology platform has already been validated. These include: (1) restricting the application of PGT-P only for prevention of clinically relevant polygenic disease traits, (2) securely blocking patients’ access to the raw genomic DNA sequencing data of their IVF embryos, (3) validating diagnosis of polygenic disease traits in the prospective parents/grandparents of IVF embryos, and restricting PGT-P only for preventing specifically diagnosed polygenic disease traits and (4) mandating rigorous and comprehensive genetic counselling for IVF patients considering PGT-P. There is an urgent and dire need to prevent abuse of the PGT-P technique, as well as protect the interests and welfare of patients if its clinical application is to be permitted in the country.

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid.

Although medical confidentiality is widely recognized as an essential principle in the therapeutic relationship, its systematic and coherent practice has been an ethically challenging duty upon healthcare providers due to various concerns of clinical, moral, religious, social, ethical and legal natures. Medical confidentiality can be breached to protect the patient and/or others if maintaining confidentiality causes serious harm. Healthcare professionals may encounter complicated situations whereby the divulgence of a patient’s confidential information may pose a threat to one party whereas the concealment of such information may cause harm to another. After deliberating on the Islamic concept of harm (ḍarar), this paper focuses on the dual duty and conflicts of interests faced by healthcare professionals in the practice of medical confidentiality. Referring to serious infectious diseases with a special mention of AIDS, this study also provides discourse on how healthcare professionals deal with difficult scenarios of conflicts of interests and ethical dilemmas.

Artificial womb technology for extracorporeal gestation of human offspring (ectogenesis or ectogestation) has profound ethical, sociological and religious implications for Muslim communities. In this article we examine the usage of the technology through the lens of Islamic ethico-legal frameworks specifically the legal maxims (al-Qawaid al-Fiqhiyyah) and higher objectives of Islamic law (Maqaṣid al-Shariah). Our analysis suggests that its application may be contingently permissible (halal) in situations of dire need such as sustaining life and development of extremely premature newborns, for advancing fetal medicine and avoiding maternal co-morbidities during fetal treatment, and for enabling motherhood for women without functional wombs, or who face grave medical risks in pregnancy. However, its application may be proscribed (haram) for enabling healthy women to avoid pregnancy and childbirth, or to achieve parenthood equity. Specification of these views to particular policy, legal contexts and Fatwa will require multidisciplinary Shariah-based bioethical deliberations between jurists, policymakers, and scientists.

In recent years, preimplantation genetic testing (PGT) of IVF embryos have gained much traction in clinical assisted reproduction for preventing various genetic defects, including Down syndrome. However, such genetic tests inevitably reveal the sex of IVF embryos by identifying the sex (X and Y) chromosomes. In many countries with less stringent IVF regulations, information on the sex of embryos that are tested to be genetically normal is readily shared with patients. This would thus present Muslim patients with unintended opportunities for sex selection based on personal or social biases without any pressing need or valid medical reason. Additionally, there are other patients who claim using PGT for preventing genetic defects as a pretext or “convenient excuse,” with a secret intention to do sex selection when it is banned in their home country. Currently, non-medical sex selection is a highly-controversial and hotly debated issue in Islam, because there is generally a strong preference for having sons over daughters due to widespread cultural norms of elderly parents depending on their sons for financial support, as well as the need for male heirs to continue the family lineage within the backdrop of local patriarchal cultures. There is a risk of gender imbalance and social disequilibrium occurring in Islamic societies due to prevalent sex selection. Hence, the question is whether opportunistic sex selection with PGT would contravene Islamic ethics and principles, which will thus be discussed here.

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists.