8.3-Islamic View point:
Islamic position on this issue is much more clear and straight forward, as basic guidelines of business rules are available in Qura’n and Sunnah of The Prophet PUH. These guidelines are applicable on this issue as well. In the past thirty years, the issue of physician- pharma relationship has been increasable discussed at different conferences, seminars and workshops on Islamic Medical Ethics. All pros and cons have been examined by the Muslim scholars and Muslim physicians. Emerging situations needs to be re-examining by the Islamic scholars in Islamic context. The issue of acquiring benefits from pharmaceutical industry by physicians has been discussed in the past but limited recommendations are available for individual issues. Any how some gross recommendations are available for the Muslim physicians applicable to his professional life.. Before elaborating few recommendations it is necessary to emphasize that religion is advice and a peace of beneficial advice for other is apart of Iman (faith). It is therefore required to give some example from Qura’n and hadith for reference. The Prophet Mohammad PUH said “Those who offer bribe or accept bribe both will go to Hill” {Abu Dauo’d - Chapter 15,}. Other incident was quoted in Abu Dauo’d on page 60 of the same chapter “The Prophet PUH appointed Ibne Al muteeba as a collector of Zakat (Aamal) who belonged to Baniasad. On his return from collection he submitted the collect zakat to the Prophet PUH and said that this amount of zakat for you and these are some gifts for me. The prophet PUH went on rostrum and after presenting praises to Almighty said “ we sent the collectors and on his return he says that these are the collection of zakat and these are gifts for me why he would not has been sitting in his parent’s home and would be offered these gifts?” So he returned all gifts to public revenue and did not allow to be taken by the collector”. Wherever there is any element of doubt of exploitation of others is not allowed in Islam. Bribery is based on exploitation when some one uses his position as source of easy income. Qura’n turns this sort of income as Maisar (Monitory benefits obtained easily- without putting in effort) “Believers, intoxication, games of chance, idolatrous practice and dividing arrows are abomination devised by Satan. Therefore turn away from them so that you may be successful Qur’an- 5:90. This has been also elaborated in Surah in Qur’an: “They ask you about intoxications and games of chance. Say in both there is great evil although they have some benefits for people, but their evil is for greater than their benefits. They ask you what they should spend in charity; say, whatever you can spare. Thus Allah makes plain His revelations so that you may reflect. Qur’an- 2:219. Majority of Muslim scholars believe that the word “miser” denote to all that sort of earnings where one’s efforts are not incorporated in earning. There is no doubt that any sort of benefit for physicals from pharmaceutical companies are because of professional position and not in any other capacity. Basic sciences specialist do not normally get attention of drug promotion agencies and marketing strategies of pharmaceutical companies do not include basic sciences specialist in their promotion list. Because the basic scientists are not usually prescribes. On the other hand if some one is really working honestly for the process of drug development or testing of drug on animals or in clinical trials he can be paid according to predetermined rewards mechanism mutually agreed upon as an open contract duly approved by the institutional ethical board.
Doctors are not normally paid for their academic or leisure trip including air tickets etc, if they are not prescribes of products. Therefore one must be very careful in availing such facilities. In a view of these facts certain recommendations van be leveled as guide line for physician. A Muslim’s attitude is different than a non Muslim due to his understanding of his responsibility in the society as well as he put his maximum effort to please his Lord – The Almighty Allah and thus leading every moment with God fearing attitude (Taqwa). This attitude was explained by Imam Ghazali:“To lead a very careful life”. Qur’an: Those who remember Allah while standing, sitting, and lying on their sides, and mediate on the creation of the heavens and the earth, than say Our Rabb! You have not created this in vain, Glory to You! Save us from the punishment of hill fire”Qur’an- 3:191). These and many other verses in Qura’n greatly emphasize the importance of being responsible and careful member of the society and in every circumstance, everywhere and every time one must strictly adhere to the teachings of Qura’n and Sunnah and never obviate from these teachings during his life time. Humans are trustees responsible to God for the care of their fellow creatures as mentioned: “ He is the One Who has made youthe inheritors of the earth and raised some of you in the ranks over the others so that He may test you in what He has given you. Surely, your Rabb is swift in retribution: yet he is also very forgiving, Merciful.” (Qur’an-6:165).
Allah SWT on the other hand has exalted man over many of His creations:
“Indeed, We have honoured the children of Adam, blessed them with conveyances on land and sea, provided them with good and pure things, and exalted them avove many of our creatures” (Qur’an- 17:70). Human being are created in the noblest image: “ We have indeed man in the best stature” Qur’an- 95:4). The best creature bear a great responsibility (amanah), man has been gifted with the intellect to probe into the mysteries of the universe: The fact is that We offered the Trust (Freedom of choice and to voluntarily use this option according to the will of Allah) to the heavens, to the earth and to the mountains, but they refused to undertake it and were afraid, but man undertook it. He was indeed unjust and foolish (The inevitable result of bearing the burden of Allah’s Trust is) that
Allah will punish the hypocrite men the hypocrite women, the mushrik men and the mushrik women, and that Allah willturn in mercy to the believing men and believing women: for Allah is Forgiving, Merciful”. Qur’an- 33:72-73. After giving the liberty of choice between good and evil man was made answerable and give account before his Creator. This means that humans are created with intellect, volition, emotion, conscience, art, language, creativity, and with both a capacity and a responsibility for making moral and spiritual choices. Man can be moral only because he is rational. Mankind was honoured above all creations by Allah SWT, breathing into him the divine spirit, which, if used properly, elevates him above all creation: Qur’an-15:26–30.
According to the Qur’an, the origin of language and writing is divine and every human being has a spark of the divine in him (Al-Hijr 15:26–29; Al-Sajda 32:9; Ar-Rahman 55:4; Al-Qalam 68:4; Al-`Alaq 96:4). The human soul is the bearer of human dignity and the responsibility. As the bearer of touch of light Muslim doctors are obliged to discharge their duties with zeal, interest and to the best of knowledge and expertise. He must never himself be instruments of exploitation of his position in the society. He must always seek for permissible means of his earnings and never indulge himself in haram (illegal) or even doubtful livelihood. He must be very careful in his life regarding the rights of others specially his patients. A Muslim doctor has to exert his maximum efforts in the best interest of his patient and must strive to alleviate his sufferings with best possible way. Using patients’ means as a source of non permissible income is as earning curse for him. As mentioned in various verses in Qura’n such earnings are not permissible: “Do not misappropriate one another’s property unjustly, nor bribe the authorities, in order to misappropriate of other people’s property, sinfully and knowingly”.Qur;an- 2:188). This subject was again addressed in Al-Nisa “O believers! Do not consume one another’s wealth through unlawful means; instead, do business with mutual consent; do not kill yourselves by adopting unlawful means. Indeed Allah is merciful to you. Any one who commits such acts of aggression and injustice will soon be thrown into Helfire, and this is very easy for Allah to do. Qur’an--4: 29-30. Like wise many other example from the life of The Prophet PUH and his companions clearly indicate that using ones position for unlawful earning or benefits of any kind is not allowed. Before accepting such gifts or other facilities for him one must sincerely think again and again weather or not he is exploiting some else or his relationship, or trust. It is worth mentioning an important event from the glorious history of the Ruling period of Ummar Bin Khatab Pay Allah is pleased with him, A man used to gift him meat for consumption, “Once this man came to 2nd Khalifa Ummar Bin Khatab, for ruling over the dispute between him and another person and said to Khalifa Ummar! O’ Ummar please decide between me and him as I cut thigh of the camel from his body”. Ummar may Allah is pleased with him ordered to all those posising public positions and authorities “ not to accept any gift from any one as this may effect in decision making in public matters”. Our insister left for us very pin point guidelines for leading even daily life. Every Muslim doctor must look in to these examples and quranic guidelines in his daily affairs. On the basis of what had been said certain recommendations and over all guide lines can be formulated for consumption of every one and for those who want to explore more on this issue:
Recommendations:
1. Every doctor should obstinate from accepting personal benefits on individual level including personal gifts (that includes pens and diaries etc.), drug lunches, leisure trip sponsorship and any other personal gains.
2. For academic endeavors attempts should be made to generate self resources from institution and from personal contributions.
3. All institutions must develop individualized guidelines for their faculty members/attending physicians for academic enhancement and professional development programme. It should be the responsibility of particular institution to provide assistance for all professional development programmes. Professional development programmes of any institution reflect its capacity building, academic interest, safe and sound provision of professional services to clients.
4. Participation in out station meetings and academic events must be focused on the true educational contents and allowance to be given to true academia.
5. There should be strict monitoring of allowed interaction and feed back mechanism should be developed for attending physician to make the event more useful.
6. Number of international meeting should be limited to one and out station national meeting to two/three per year and that must be from self sponsorship. It will than generate a healthy competition among the professional bodies to upgrade and standerize their conferences and meetings. When the participants have to spend from their own pocket will select only the best one meeting or conference.
7. Any additional industry sponsored trip must be scrutinized and approved by a committee of peers.
8. Companies must be encouraged to donate at least 10 % of their marketing funds for research/academic activities to academic centers to be used at the discretion of these centers.
9. Individuals and institutions must focus on online knowledge transfer and use of more and more communication skills for that.
10. Pharma and Bio- Medical industry may be asked to spend on online availability of educational, research and academic material.
11. Research projects and proposals: clinical as well as basic must be routed through the committee of peers and ethical committees, where ethical committees should explore all possibilities of funding and should recommend the institutions for funding and facilitating.
Pharmaceutical companies interested in conducting trials must contact the institution where particular researcher is working and every facility including financial provision must be re-rooted through the committee of peers.
12. Committee of peers and ethical committee must meet regularly to review and monitor the progress and also use of available funds by the rears hers.
13. All research findings, before sending for publication must be discussed in the committee of peers. Strict confidentiality is to be maintained till the research paper come out.
14. Pharmaceutical and related industry representatives should not be allowed to interfere or get information’s during or at the conclusion of the study, until allowed by the committee of peers.
15. All animal experimentations must also be approved by the ethical committee of the institution.
16. All academic events need to be monitored by the ethical committee and every effort to be made to discourage the individual sponsorship and enhance the institutional sponsorship to boost true essence of academia and progress in medical field.
Individual sponsorship and benefits are to be discouraged and should not be accepted by the doctors, keeping in view the larger interest of the profession and to remain very careful and fearful to Allah SWT. After all one must justify why he is being awarded with these facilities by the pharma companies? Every one must ask himself before accepting such benefits.
References:
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Bodenheimer T. Uneasy alliance -- clinical investigators and the pharmaceutical industry. N Engl J Med 2000; 342:1539-1544.
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Rothman DJ. Medical professionalism -- focusing on the real issues. N Engl J Med 2000; 342:1284-1286.
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Ross JS, Lackner JE, Lurie P, Gross CP, Wolfe S, Krumholz HM (2007). "Pharmaceutical company payments to physicians: early experiences with disclosure laws in Vermont and Minnesota". JAMA 297 (11): 1216-23.
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Güldal D, Semin S (2000). "The influences of drug companies' advertising programs on physicians". Int J Health Serv 30 (3): 585-95 Wazana A (2000). "Physicians and the pharmaceutical industry: is a gift ever just a gift?". JAMA 283 (3): 373-80.
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Blake R, Early E (1995). "Patients' attitudes about gifts to physicians from pharmaceutical companies". J Am Board Fam Pract 8 (6): 457-64.
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La Puma J, Priest E (1992). "Is there a doctor in the house? An analysis of the practice of physicians' treating their own families". JAMA 267 (13): 1810-2.
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Guiding Principles for Pharmaceutical Physicians from the Ethical Issues Committee of the Faculty of Pharmaceutical Medicine of R. BICKERSTAFFE, P. BROCK, and J-M. HUSSON, I . RUBIN, K. BRAGMAN, K. PATERSON, SOMMERVILLE “Ethical Issues Committee, Faculty of Pharmaceutical Medicine, London, UK” 2006 Blackwell Publishing Ltd.
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Raja IA, Chaudry MR Islam and medical ethics. Acta Neurochir 1999; 74:29-34.
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Abu Hamid Al-Ghazzali, Some Moral and Religious Teachings of Al- Ghazzali, Syed Nawab Ali, ed., (New Delhi: Kitab Bhavan, 1991), pp. 30–31.
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Moynahan.R “Who pays for pizza? Redefining the relationship between doctors and drug companies- 1: Entanglement. BMJ 2003: 326; 1189-92.
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Gunn, A. (1991). Risk benefit ratio: the soft underbelly of patient autonomy. Issues in Law and Medicine, 7, 139-153.
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Hedayat, K. & Pirzadeh, R. (2001). Issues in Islamic biomedical ethics: A primer for the pediatrician. Pediatrics, 108, 965-975
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. Dosani S. Practicing medicine in a multicultural society. BMJ Career Focus 2003; 326:3.
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Beauchamp TL, Childress JF. Principles of Biomedical Ethics. 4th ed. New York: Oxford Univ Pr; 1994.
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CMA policy on “Physicians and the Pharmaceutical Industry (Update 2001)” CMAJ 2001; 164(9):1339-41.
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Hussan Hathout ‘topics in Islamic medicine, (Kuwait International Organization of Islamic medicine 1st edition 1984) page 44-46.
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International Ethical Guidelines for Biomedical Research Involving Human Subjects. (Geneva: CIOMS).
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Faroque A. Khan “Religious Teachings and Reflections in Advance Directive- Religious Values and Legal Dilemmas in Bioethics: An Islamic Perspective – Fordham Urban Law Journal- November 2002.
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Islamic Code of Medical Ethics – Kuwait Document –published by International Organization of Islamic Medicine -1982, revised 2004.
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Abdallah S. Daar and A. Khitamy “Bioethics for clinicians: 21.
Islamic bioethics CMAJ - January 9, 2001; 164 (1).
Chapter 9
Characteristics of a Muslim Physician
This chapter basically summarizes those basic norms and value which a Muslim doctor in particular and any doctor in general must adhere with while delivering his/her services in the society. What are his/her duties, what his /her limitations are and when he/she should do what? Most of these recommendations were extracted from various workshops and recommendations of the conferences on this issue. Some of these recommendations were extracted from Islamic Code of Medical Ethics Kuwait Document published by International Organization of Islamic Medicine 1981. Majority of recommendations were taken from the recommendations of various professional workshops and seminars held in Pakistan, India, Egypt, UK, USA and Saudi Arabia over the last two decades.
The physician should be amongst those who believe in Allah SWT, fulfill His rights, and are aware of His greatness. Obedient to His orders, refraining from his prohibitions, and observing Him in secret and in public. A Muslim doctor thus has two fold of motivation to remain ethical and maintain good moral characters i.e. He/she is answerable to the society, profession and has to abide the law of the land, but a Muslim doctor has added motivation to remain ethically correct due to his believes, his piety and his Islamic obligations. This second motivation which might or might not be observed by others is the most powerful tool to keep a Muslim doctor ethical and God fearing.
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A Muslim doctor should continuously strive to acquire true understanding of Islam and its development. In his schedule, he should take out time for the study of Qur’an, Hadith and Islamic literature. Ibn Abbas narrates that the Holy Prophet said that “Allah gives understanding of religion to the one He loves. (Hadith: Tirmidhi).
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Call to Allah through preaching and practice: A Muslim doctor comes into contact with a large number of people during his professional life. This opportunity should be utilized to call people toward Allah. Allah says, “Who is better in speech than one who calls (men) to Allah, works righteousness, and says ‘I am of those who bow in Islam’ (Qura’n, Fussilat / Ha/ Ha Mim Sajdah 41:33).
I have created jinns and men only to serve (worship) Me; no sustenance do I require of them, nor do I require that they should feed Me; for Allah is He Who gives sustenance – Lord of Power and Steadfast (for ever). Qur’an- 51:56-58)
The term ‘ibadah’ (worship) is wide-ranging. It covers all human life. The basic idea is that human being should consider themselves servants and slaves of Allah alone, and act upon His commands in all spheres of life, worship Him alone.
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The physician should be endowed with wisdom and graceful admonition. He should be, cheering not dispiriting, smiling and not frowning, loving and not hateful, tolerant and not edgy.
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He should never succumb to a grudge or fall short of clemency. He should be an instrument of Allah's justice, forgiveness and not punishment, coverage and not exposure.
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The physician should firmly know that 'life' is Allah's... awarded only by Him... and that 'Death' is the conclusion of one life and the beginning of another. Death is a solid truth... and it is the end of all but Allah. In his profession the physician is a soldier for "Life" only... defending and preserving it as best as it can be, to the best of his ability.
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The Physician should offer the good example by caring for his own health. It is not befitting for his that his "do's" and "don’ts" are not observed primarily by himself He should not turn his back on the lessons of medical progress, because he will never convince his patients unless they see the evidence of his won conviction.. Allah dresses us in the "Qur’an" by saying, "and makes not your own hands throw you into destruction".
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The Physician is truthful whenever he speaks, writes or gives testimony. He should be invincible to the dictates of creed, greed. Friendship or authority pressurizing him to make a statement or testimony that he knows it false. Testimony is a grave responsibility in Islam. The Prophet once asked his companions. "Shall I tell you? About the gravest sins?" When they said yes, he said "claiming partners with Allah, being undutiful to one's parents...”and, after a short pause he repeatedly said "and indeed the giving of false talk or false testimony."
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The Physician should be in possession of a threshold-knowledge of jurisprudence, worship and essentials of Fiqh enabling him to give counsel to patient seeking his guidance about health and bodily conditions with a bearing of the rites of worship. Men and women are subject to symptoms, ailments or biological situations like pregnancy and would wish to know the religious ruling pertaining to prayer, fasting, pilgrimage, family planning, etc.
Although 'necessity overrides prohibition' the Muslim Physician-nevertheless-should spare no effort in avoiding the recourse to medicines or ways of therapy is they surgical, medical or behavioral that is prohibited by Islam.
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The Physician should strive to keep abreast Scientific progress and innovation. His zeal or complacency and knowledge or ignorance, directly bear on the health and well- being of his patients. Responsibility for others should limit his freedom to expend his time. As the poor and needy have a recognized right in the money of the capable, so the patients own a share of the Doctor's time spent in study and in following the progress of medicine.
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The physician should also know that the pursuit of knowledge has a double indication in Islam. Apart from the applied therapeutic aspect, pursuit of knowledge is in itself worship, according to the Organic guidance, “And says ... My Lord ... advance me in knowledge" and "Among His worshippers... the learned fear Him most"... and "Allah will raise up the ranks of those of you who believed and Thos who have been given knowledge."
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A physician should be so tranquil as never to be rash even when he is right. Chaste of words even when joking… tame of voice and not noisy or loud, neat and trim and not shabby or unkempt... conducive of trust and inspiring of respect... well mannered in his dealings with the poor or rich, modest or great... in perfect control of his composure.. And never compromising his dignity, however modest and forbearing
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Piety and Fear of Allah: If there is one most effective factor to save a Muslim from Allah’s displeasure and anger, it is His Fear or ‘taqwa’. The ‘taqwa’ capability is attained by following Allah’s commands and refraining from sin. The ‘taqwa’ demands that one should adopt what may earn Allah’s pleasure, and give up what may earn His wrath. Allah says: “O you who believe! Fear Allah as He should be feared, and die not except in the state of Islam (in submission to Allah’s Will). Qur’an- 3:102.
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Purity of intent: A Muslim’s intent should purely be for the sake of Allah, and his every act should be meant for the glory of Islam and in the interest of Muslims. Allah says: “And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being true (in faith); to establish regular prayer; and to practice regular charity; and that is the religion – right and straight. Qur’an- 98:5.
“Omar, the second Caliph, narrates that the Holy Prophet (peace be upon him) said that deeds are judged according to intent, and everyone would be rewarded according to his intent. (Hadith: Bukhari, Muslim).
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Purity of heart: A Muslim’s heart should be free from show-off, arrogance, ill-will, jealousy; and his tongue should be free from lie, backbiting, and false accusations. Allah says: “And swell not your cheek (for pride) at men, nor walk in insolence through the earth, for Allah does not love any arrogant boaster. And be moderate in your pace, and lower your voice, for the harshest of sounds, no doubt, is the braying of the donkey. (Qur’an- 31:18-19).
Abu Hurairah narrates that the Holy Prophet said that a hypocrite is identified by three characteristics: when he talks, he tells lies; when he promises, he breaks them; and when he is given a trust, he breaches it. (Hadith: Bukhari, Muslim)
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Sense of responsibility: The deeper a doctor’s sense of his being appointed a healer by Allah for people, the greater he would strive for removing their sorrows. The Holy Prophet has said that Allah loves a person who performs whatever he does in the best manner. (Hadith: Abu Dawud)
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Truthfulness: A Muslim doctor should always speak the truth. Allah says, “O you who believe! Fear Allah and be with those who are true (in word and deed).” Qur’an- 9:119.
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Trustworthiness: Allah has said about believers, “And those who respect their trusts and covenants.” Qur’an- 70:32).
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Fulfilling promises: Allah’s command is, “… and fulfill (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).” (Qur’an- 17:34).
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Humility: Allah’s commands us to be polite to our fellow brethren. “…lower your wing (in gentleness) to the believers.” (Qur’an- 15:88);
“Abdullah ibn Masud narrates that the Holy Prophet said that the one who has even a grain of arrogance; he will not enter Jannah (paradise). (Hadith: Bukhari).
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Patience: While listening to patients and treating their long-term illnesses, a Muslim doctor should perform his duties with patience and expect reward only from Allah Almighty, Who has Him said, “…those who patiently persevere will truly receive a reward without measure Qur’an- 39:10).
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Helping the needy: A Muslim doctor should be ready to help any needy person without any discrimination or prejudice. Abdullah ibn Omar narrates that the Holy Prophet said that Muslims are like brothers, they do not wrong one another, nor do they leave one another helpless. And those who fulfill their brothers’ needs, Allah shall fulfill their needs; and those who remove other Muslims’ problems, Allah shall remove their anxiety on the Day of Judgment; and those who cover their brothers’ flaws, Allah shall cover their flaws and weaknesses on the Day of Judgment. (Hadith: Bukhari, Muslim). Helping the needy includes both financial help and moral support. For financial help, a Muslim doctor should pay zakat (compulsory charity) as well as sadaqat (non-obligatory charity).
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The role of a Physician is that of a catalyst through whom Allah, the Creator, works to preserve life and health. He is merely an instrument of Allah in alleviating people's illness. For being so designated the physician should be grateful and forever seeking Allah's help. He should be modest, free from arrogance and pride and never fall into boasting or hint at self glorification through speech, writing or direct or subtle advertisement. “ …My Rabb! Grant me the grace that I may thank you for the favour which you have bestowed on me and on my parents, and that I may do good deeds that will please You, and grant me good children Surely, I turn to You in repentance and surely I am one of the Muslims.” Qur’an--46: 1).
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Association with Islamic way of life: A Muslim Physician is a Muslim even before he becomes a doctor, but after becoming doctors his responsibilities are increased manifold. During his professional duties, he comes into contact with a large number of people. To them all, his character is like a model. He, therefore, should exhibit good character and Islamic way of life, keeping the following in mind:
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Guarding prayers: A Muslim Physician should be mindful of prayer timings and offer them in congregation. It has been narrated by Abdullah ibn Omar that the Holy Prophet said “that congregational prayer is 27 times higher in grade as compared to individual prayer. (Hadith: Bukhari, Muslim).
A Muslim Physician should try to be a good Muslim and develop these characteristics in him: I am sure what has been mentioned here are not the only prerequisites for a Muslim physician, apart from these few characters which a Muslim doctor must acquire for ethical practice of medicine there are thousands different other matters which he/she may come across during discharging his/her professional duties. One must continuously strive to keep him/her abreast with the emerging situations. “… I desire nothing but to reform so for as I can manage. I cannot succeed except with the help of Allah, in Him do I trust and to Him do I turn for every thing.” Qur’an-11: 88.
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