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130726P - TOWARD SYARIAH COMPLIANT HOSPITAL: PLANNING, IMPLEMENTATION AND CHALLENGES - (Word Slides)

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Presented at a Seminar on Islamization of the Medical Curriculum and Practice held at the International Islamic University Kuantan Malaysia 26-27th August 2013 by Professor Omar Hasan K Kasule MB ChB (MUK), MPH (Harvard), DrPH (Harvard) EM omarkasule@yahoo.com, WEB: www.omarkasule.blogspot.com


CONCEPT OF SHARI’AT COMPLIANCE
·         The term shari’at relating to hospitals should be used in its original wider sense of a general guide and way, shir’atanwaminhaajan, for all Muslim activities and not the limited sense today that confines it to ‘ibadat and some mu’amalaat.
·         What distinguishes a Muslim hospital is not the architecture or the types of medical procedures but the Islamic paradigms, values, ethics, and culture of the health professionals, other workers, and the patients.
·         All existing and useful knowledge and technology used in the hospital can be used but within the Islamic moral and ethical context, a process called Islamization.

THE BASIC GUIDING PARADIGMS TO BE CONSIDERED IN THE PLANNING OF THE HOSPITAL
·         Integration (deriving from tauhid)
·         Balance (tawazun)
·         Quality work (ihsan and itqan)
·         Justice (‘adl).

THE HOSPITAL SHOULD BE PLANNED AROUND FULFILLING THE 5 MAIN PURPOSES OF THE SHARI’AT (MAQASID AL SHARI’AT)
·         Preservation, protection, and promotion of
o   diin (hifdh al ddiin)
o   life (hifdh al nafs)
o   progeny (hifdh al nasl)
o   human intellect (hifdh al ‘aql)
o   resources (hifdh al maal).

QAWA’ID AL SHARI’AT
·         The hospital operational procedures should be planned according to the principles of fiqh (qawa’id al fiqh) that have yet to be developed in detail for hospitals but were developed for commercial transactions in the Ottoman legal gazette called Majallat al Ahkaam al Adliyyat.
·         The commercial codes of the majallat require further development to be applicable to the business operations of a modern hospital.
·         To these must be added new codes on standard operating procedures and practice guidelines that should be based on the best available empirical experience within an Islamic ethical and legal context.

REVOLUTION vs EVOLUTION
·         Implementation of a shari’at compliant hospital will fail if initiated in a revolutionary way.
·         The process should be evolutionary starting with what exists, making changes as we go along, and learning from experiences both positive and negative. 
·         The most strategic move in the whole process is the Islamic training of the professionals and workers in the hospital.

CHALLENGES
·         A shari’at compliant hospital faces many challenges: personnel and finance
·         Training facilities and modules limited
·         The most significant challenge is financial survival. Since the idea of such a hospital is new to many people, skepticism will keep patient numbers and hence revenue low at the start but with passage of time this problem can be overcome.