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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.
ABSTRACT
The paper argues that 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. The paper uses principles on custom from the Majallat
al Ahkaam al Adliyyat 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). However custom changes with time (Article 39).
Development of hospital guidelines should be guided by certain Islamic
principles. 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. The paper will
present some guidelines developed according to these Islamic paradigms.