Paper
at the 9th International Seminar & Workshop of the Islamic
Hospital Consortium Malaysia held in Kuala Lumpur on June 14, 2013 under the
theme ‘Spiritual Support in Health Care’ by Professor Omar Hasan Kasule MB ChB
(MUK), MPH (Harvard), DrPH (Harvard) Faculty of Medicine King Fahad Medical
City, Riyadh, Saudi Arabia.
OBEDIENCE
OF GUIDELINES
·
An Islamic
hospital must have guidelines on all its procedures and that these guidelines
developed through consensus should be obeyed by all healthcare workers as a
religious obligation.
·
This obedience
is based on the principle of custom, qa’idat al ‘aadat which states that
what is accepted as customary has the force of Law.
·
Respect for
guidelines is stronger in an Islamic hospital than in general hospitals because
it has inner motivation and is not a result of fear of punishment or hope for
reward.
DEVELOPMENT
OF GUIDELINES FROM QAWA’ID AL SHARI’AT
·
The principles
on custom from the Majallat al Ahkaam al Adliyyat are used to motivate
the development and application of hospital guidelines.
·
Article 36
states that custom has the force of law, al ‘aadat muhakkamat.
·
A custom can be
recognized only if it is commonly accepted (Articles 41 and 42).
·
Custom changes
with time (Article 39).
ISLAMIC
PRINCIPLES USED IN DEVELOPING GUIDELINES
·
According to the
principle of certainty, qa’idat al yaqeen, guidelines should be
evidence-based or practice-based.
·
The guidelines
should reflect the tauhidi-based integrated view that is characterized by
comprehensiveness, shumuuliyyat; balance, tawazun, and
equilibrium, i’itidaal.
·
They should as
far as is possible reflect local experience.
·
They should
reflect the consensus, ijma, of the practitioners based on mutual
consultation, tashawur.