Certain issues associated with genetic science
Some Questions
Answers by Shahid Athar, MD & M.A. Tahir, PhD
In the name of Allah, the Most Beneficent, the Most Merciful
Introduction:
Allah, the Almighty is the Creator as well as the Sustainer of the entire universe. The divinity and omnipotence of Allah is conclusively evident from the systematic manner in which He runs the entire universe with its innumerable constituents and infinite distances. Furthermore, the entire existence of man concealed within his body from head to toe and each drop of his blood and each cell of his organ sings paeans to the magic of Allah. In this context, it is thus said: "One, who is in the know of his self, knows his Lord." Therefore, as epochs pass by, we go on discovering the hitherto concealed facts about the Almighty's manifestations. Gradually, such awesome signs of Allah's craftsmanship come to the fore that the human mind with all its intellect tends to bring faith on Allah with no other alternative but to bend down and bow before Him. We certainly cannot predict as to what more manifestations of Allah would unfold before us in the times to come.
Out of the innumerable revelations before us, one of them points to the fact that Allah has created and maintained a distinct characteristic or individuality of each and every person in the form of external appearance as well as the features or built. People get differentiated by various aspects from others including the colour of his skin, the facial features, the physical built-up, the voice, etc. And this very basis of differentiation makes him identifiable distinctly. Similarly, the cells, which constitute the human body, also maintain their own distinction and identity. They also bear certain hereditary characteristics and features. The study of genes is called the "Genetic Science". It is a hot pursuit nowadays. It could play a vital role in discovering the treatment and cure of hitherto incurable diseases.
With this background, some questions are being put forward about DNA, Genetic tests and Stem cell... A few explanatory passages on these issues by various experts associated with this field, are being given herewith this questionnaire, so that one may go through them with all due concentration and explain the issue involved in the light of Shariah. The questions are as under:
DNA Test:
Q1: In case, a dispute arises over the issue of paternity of any child, the scientists claim that such issues could be rationally resolved by means of the DNA test of those claimants and that of the child, to find out who are actually his parents? Can a DNA test be conducted to resolve such a dispute and how far it is reliable in the eyes of Shariah?
Answer: DNA identity testing is 100% accurate, if the test is done by a competent scientist in a good laboratory.
Q2: Nowadays, DNA tests are also conducted to ascertain the identity of a murderer. He (she) can be identified by means of conducting a DNA test of things like hair, serum, blood, etc. found near the spot. However, this technique has not developed to an extent, as to ascertain with all surety that the forensic sample found near the crime spot belongs to the accused alone. Would it then, be justified to accuse a person as murderer on the basis of such a test?
Answer: DNA test does prove if a person has committed the crime. DNA does not prove innocence either. Once done by a competent scientist, it is 100% accurate to prove the association. That, near the murder scene or on the murder weapon, his/her DNA was found. Now, he/she has to explain to the court of law, how his/her DNA got there?
Q3a: The DNA test is also used to ascertain the identity of a fornicator. This is easily possible through a DNA test conducted on a sample of the vaginal fluid drawn from the victim's body. What shall be the credibility of such a test as an evidence of rape, from the point of view of Shariah?
Answer: Rape is forcible entry of penis in vagina against the consent of the victim. Shariah requires two witnesses see the penis going inside the vagina. DNA will identify the person whose semen is found in the vagina. The accused has to explain how his semen got into the vagina of the victim without penetration. This is the strongest evidence. DNA test will not tell if penetration was done with or without consent.
Q3b: Gang rapes are also reported at times. In such a situation, the DNA test by itself makes a weak argument, since the combined samples could be a hodgepodge result, thus implicating an innocent person if the sample somehow, matches. What shall be the instructions of Shariah in this regard?
Answer: In gang rapes, each individual can be identified by the DNA and only those whose semen is found will have to prove their innocence.
Q4: If more than one person is accused in a crime and DNA tests are conducted on some of them to ascertain the identity while the remaining ones refuse to undergo such a test, in such a situation, can the Qazi (judge) force them to do so?
Answer: Yes, that is what "court order "is. If I am innocent, I must not be afraid of DNA test. This is the best way to prove my innocence (such as in paternity cases). I must not be afraid of the test. I may ask for test to be done by another lab.
Genetic Test:
1. Is it appropriate to conduct genetic tests on the man and woman before Nikah in order to find out whether any of them is suffering from any genetic disability or if the man has lost his virility?
Answer: Yes, for genetic disability only. For virility question, he should see an endocrinologist for appropriate endocrine tests.
2. In case, it is clinically proved that the unborn child in the mother's womb is mentally challenged or physically disabled, can it be aborted? This issue becomes more relevant since such abnormalities or defects can be found out within 3 months of conception while the ultrasound fails to provide any such information within 3 months.
Answer: The abortion of congenitally malformed fetus is a disputed issue. Most Islamic ethicists would agree that malformed fetus before 3 months can be aborted while some would not allow abortion in late pregnancy. DNA tests now can be done in 4-6 weeks of pregnancy.
3. The scientists claim that, by way of genetic tests, the probability or chances of abnormalities or birth defects in the next generation can be found out. Would it be permitted to undergo this test with such a purpose and terminate the pregnancy, if so?
Answer: Yes, but with mutual informed consent of the couple. This is the best way of getting rid of genetic diseases in the future generation.
4. Is there any room for undergoing the genetic test to find out the congenital deficiencies within 4 months or beyond that?
Answer: Yes, but what to do after the results are known is a different issue.
5. The scientists further claim that the genetic tests can also help us in ascertaining whether a person is mentally balanced or not. And if he is mentally imbalanced then upto what extent? Then, in the context of lunacy, can a Nikah be annulled on the basis of such a test report?
Answer: Mental imbalance can be caused by many psychiatric conditions and can be easily suspected and diagnosed without doing a genetic testing. After mental imbalance is confirmed, the decision to marry is up to the prospective spouse. One has to be insane to knowingly marry another insane!
Stem Cells:
1. According to the scientific fraternity, 'Embryonic stem cells' are capable of producing a complete human being. They also obtain oxygen within their limited capacity. Would they be treated as living being? And shall it be given the respectable status of a living entity?
Answer: Yes
2. According to the scientific researches, complete functional organs can be created out of stem cells. Would it be possible to draw stem cells from a foetus in the mother's womb or from an aborted embryo in order to create organs, so that they could be used in treatments and transplantations?
Answer: Use of stem cells from miscarriage or spontaneous abortion for any reason is appropriate (research, treatment). However conceiving only to get stem cells and discarding the rest of fetus (harvesting) is not.
3. Can stem cells be drawn from human beings and transferred to animals in order to develop the required organs within the animal body? Is it permissible to transplant such organs in the human body? Further, would there be any differentiation between Halal and Haram animals' vis-à-vis stem cell transplantation and organ development, if at all?
Answer: Use of animal tissues for medical reasons is appropriate including use of porcine heart valve when no other treatment is available and it is a question of life and death. One of the rules if Islamic medical ethics is "necessity overrides the prohibition"
4. Another important source of obtaining stem cells is umbilicus. If the cells from this particular blood sample are taken and then preserved for future, they may be used at some later stage, as and when the need arises. In general, when this navel string is cut, the blood contained in it is transferred to the body of the newborn and the string is subsequently closed. If the cells have to be drawn, the blood in the navel string is extracted out. Would such a procedure be permissible? The probability of any danger or ailment arising out of extracting this blood is very meager - less than 1 per cent; however, in this way, the infant gets devoid of this blood. Of course, the quantity of blood in his body is less already and the extracted out blood is of much need for him.
Answer: Yes, the procedure is permissible however the safety of fetus is the responsibility of the doctor.
5. The embryonic stem cells can although be obtained from adults as well, but there would be difficulties in its growth and development. In this context, so far as the test-tube fertilization process and the modern techniques of its initial development are concerned, if the cells are obtained with the permission of the couple and then they all used for developing human organ subsequently, would it be permissible to do so? It is also worth mentioning that, sperms of the couple are used for the test tube baby technique, however, at times, sperms of a stranger may also be used.
Answer: In medical ethics, the question is not what can be done but what should be done. Yes it can be done using the sperm and ova of a married couple but it should not be done using perms of stranger.
Shahid Athar, MD, FACP, FACE is former chair of medical ethics of Islamic Medical association of North America (www.imana.org ) and Dr. Mohammad A. Tahir. PhD. is a forensic scientist and Vice President at Strand Analytical Laboratories, Indianapolis, USA.
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