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ISLAMIC MEDICAL EDUCATION RESOURCES-05

0711-Medical Ethics Training Workshop Kuala Belait

Paper presented by Professor Omar Hasan Kasule, Sr.

TABLE OF CONTENTS

 

PART  ONE: ETHICS: THEORY and PRINCIPLES

 

1.0 EUROPEAN ETHICAL THEORIES ACCORDING TO BEAUCHAMPS and CHILDRESS

 

1.1 Overview

1.2 Consequence-based theory

1.3 Obligation-based theory

1.4 Rights-based theory

1.5 Community-based theory

1.5 Relations-based theory

1.6 Case-based theory

 

2.0 EUROPEAN ETHICAL PRINCIPLES ACCORDING TO BEAUCHAMPS AND CHILDRESS

2.1 Overview

2.2 The Principle of Autonomy.

2.3 The Principle of Non-maleficence

2,4 Beneficence

2.5 Justice

 

3.0 THE ISLAMIC ETHICAL THEORY BASED ON THE PURPOSES OF THE LAW, maqasid al shari’at

 

3.1 Over-view

3.2 Protection of ddiin

3.3 Protection of life

3.4 Protection of progeny

3.5 Protection of the intellect

3.6 Protection of resources

 

4.0 ISLAMIC ETHICAL PRINCIPLES BASED ON THE PRINCIPLES OF THE LAW, qawa’id al shari'at

4.1 Over view

4.2 Principle of intention

4.3 Principle of certainty

4.4 Principle of injury

4.5 Principle of hardship

4.6 Principle of custom

 

PART TWO: REGULATIONS and ETIQUETTE OF THE HEALTH PROFESSIONAL

 

5.0 REGULATIONS OF MEDICAL PROCEDURES, dhawaabit al tibaabat

5.1 Examination And Investigation

5.2 Medical Treatment

5.3 Surgical Treatment

5.4 Other Treatments

 

6.0 REGULATIONS OF PHYSICIAN CONDUCT, dhawaabit al tabiib

6.1 Values, Competence, And Responsibility

6.2 Medical Decisions and informed consent

6.3 Disclosure And Truthfulness

6.4 Privacy and Confidentiality

6.5 Fidelity

 

7.0 PROFESSIONAL MISCONDUCT

7.1 Abuse of Professional Priviledges

7.2 Private Mis-Conduct Derogatory To Reputation, Kharq Al Muru’at

7.3 Public Professional Mis-Conduct

 

8.0 ETIQUETTE WITH PATIENTS and FAMILIES

8.1 Bed-Side Visits

8.2 Etiquette Of The Patient

8.3 Etiquette Of The Care-Giver

8.4 Etiquette Of Interaction Between Genders

8.5 Dealing With The Family

 

9.0 ETIQUETTE WITH THE DYING

9.1 Comfort:

9.2 Ibadat:

9.3 Spiritual Preparation

9.4 Legal Preparation

9.5 Death, Burial, And Mourning

 

10.0 ETIQUETTE IN THE HEALTH CARE TEAM

10.1 Principles Of Group Work

10.2 Etiquette Of Teaching & Learning In The Health Care Team

10.3 Etiquette Of Care Delivery In The Health Care Team

10.4 The Health Care Team: General Group Dynamics

10.5 The Health Care Team: Special Group Dynamics

 


1.0 EUROPEAN ETHICAL THEORIES

 

1.1 Overview

 

There is no single European theory of ethics. Beauchamp and Childress listed six European ethical theories none of which can on its own explain all ethical or moral dilemmas. They often have to be used in combination or for different types of moral dilemmas

 

These theories can be listed as the utilitarian consequence-based theory, the Kantian obligation-based theory, the rights-based theory based on respect for human rights, the community-based theory, the relation-based theory, and the case-based theory.

 

1.2 Consequence-based theory

 

Utilitarianism means attaining the greatest positive with the least negative. According to the utilitarian consequence-based theory, an act is judged as good or bad according to the balance of its good and bad consequences. An act is therefore moral if it has more good consequences than bad ones. This theory has a problem in that it can permit acts that are clearly immoral on the basis of utility.

 

1.3 Obligation-based theory

 

The obligation-based theory is based on Kantian philosophy. Immanuel Kant (1724-1804) argued that morality was based on pure reasoning. He rejected tradition, intuition, conscience, or emotions as sources of moral judgment. A morally valid reason justifies action. Acts are based on moral obligations. The problem with the Kantian theory is that it has no solution for conflicting obligations because it considers moral rules as absolute.

 

1.4 Rights-based theory

 
The rights-based theory is based on respect for human rights of property, life, liberty, and expression. The individual is considered to have a private area in which he is master of his own destiny. Individual rights may conflict with communal rights.

 

1.5 Community-based theory

 

According to the community-based theory, ethical judgments are controlled by community values that include considerations of the common good, social goals, and tradition. This theory repudiates the rights-based theory that is based on individualism. The problem with this theory is that it is difficult to reach a consensus on what constitutes a community value in today’s complex and diverse society.

 

1.5 Relations-based theory

 

The relation-based theory gives emphasis to family relations and the special physician-patient relation. For example a moral judgment may be based on the consideration that nothing should be done to disrupt the normal functioning of the family unit. The problem of this theory is that it is difficult to deal with and analyze emotional and psychological factors that are involved in relationships.

 

1.6 Case-based theory

 

The case-based theory is practical decision-making on each case as it arises. It does have fixed philosophical prior assumptions.

 

 

2.0 EUROPEAN ETHICAL PRINCIPLES

 

2.1 Overview

 

The 4 basic ethical principles according to Beauchamps and Childress (1994) are: autonomy, beneficence, non malefacence, and justice.

 

2.2 Autonomy

 

The Principle of Autonomy is the power of the patient to decide on medical procedures.

 

2.3 Non-malefacence

 

The Principle of Non-maleficence is avoiding causation of harm.

 

2.4 Beneficence

 

The Principle of Beneficence is the providing benefits and balancing them against risks and costs.

 

2.5 Justice

 

The principle of justice is distribution of benefits, costs, and risks fairly

 

3.0 THE ISLAMIC ETHICAL THEORY BASED ON THE PURPOSES OF THE LAW, maqasid al shari’at

 

3.1 Over-view

 

For medical practice to be moral, it must fulfill and not violate the 5 general purposes of the Law: morality, life, progeny, intellect, and property / resources.

 

3.2 Protection of morality and ddiin, hifdh al ddiin

 

Protection of morality is the most important purpose. Medical practice should not violate moral or religious injunctions.

 

3.3 Protection of life, hifdh al nafs

 

The primary purpose of medicine is to fulfill the second purpose of the Law which is preservation of life. Medicine cannot prevent or postpone death since such matters are in the hands of the Creator alone. It however tries to maintain as high a quality of life until the appointed time of death arrives.

 

 

3.4 Protection of progeny, hifdh al nasl

 

Medicine contributes to the fulfillment of the progeny function by making sure that children are cared for well so that they grow into healthy adults who can bear children. Treatment of infertility ensures successful child bearing. The care for the pregnant woman, perinatal medicine, and pediatric medicine all ensure that children are born and grow healthy. Intra-partum care, infant and child care ensure survival of healthy children.

 

3.5 Protection of the intellect, hifdh al ‘aql

 

Medical treatment plays a very important role in protection of the intellect. Treatment of physical illnesses removes stress that affects the mental state. Treatment of neuroses and psychoses restores intellectual and emotional functions. Medical treatment of alcohol and drug abuse prevents deterioration of the intellect.

  

3.6 Protection of resources, hifdh al maal

 

Medicine ensures the economic wellbeing and resources of a community. The wealth of any community depends on the productive activities of its healthy citizens. Medicine contributes to wealth generation by prevention of disease, promotion of health, and treatment of any diseases and their sequelae. Communities with general poor health are less productive than a healthy vibrant community.

 

4.0 ISLAMIC ETHICAL PRINCIPLES BASED ON THE PRINCIPLES OF THE LAW, qawa’id al shari'at

 

4.1 Over view

 

There are 5 legal principles that can guide the practice of medicine: intention, certainty, injury, hardship, and custom. The 4 ethical principles enunciated by Beauchamps can be shown by legal reasoning to be all encompassed in the principle of injury.

 

4.2 Principle of intention, qa’idat al qasd

 

The principle of intention comprises several sub principles. The first sub principle that each action is judged by the intention behind it calls upon the physician to consult his inner conscience and make sure that his actions, seen or not seen, are based on good intentions. The second sub-principle states that ‘what matters is the intention and not the letter of the law’ and rejects the wrong use of data to justify wrong or immoral actions. The third sub principle states that means are judged with the same criteria as the intentions implies that no useful medical purpose should be achieved by using immoral methods.

 

4.3 Principle of certainty, qa’idat al yaqeen

 

The principle of certainty states that action must be based on certainty which means based on evidence, facts, and data. In practice medical diagnosis cannot reach the legal standard of 100% absolute certainty. Treatment decisions are best on a balance of probabilities. Each diagnosis is treated as a working diagnosis that is changed and refined as new information emerges.

 

 

4.4 Principle of injury, qa’idat al dharar

 

The principle of injury has many applications in medicine since each medical intervention is accompanied by some injury in the form of side effects.

 

Medical intervention is justified on the basic principle is that injury, if it occurs, should be relieved.

 

An injury should not be relieved by a medical procedure that leads to an injury of the same magnitude as a side effect.

 

In a situation in which the proposed medical intervention has side effects, we follow the principle that prevention of a harm has priority over pursuit of a benefit of equal worth. If the benefit has far more importance and worth than the harm, then the pursuit of the benefit has priority.

 

Physicians sometimes are confronted with medical interventions that are double edged; they have both prohibited and permitted effects. The guidance of the Law is that the prevention of the prohibited has priority of recognition over the permitted if the two occur together and a choice has to be made.

 

If confronted with 2 medical situations both of which are harmful and there is no way but to choose one of them, the lesser harm is committed. A lesser harm is committed in order to prevent a bigger harm.

 

Medical interventions that in the public interest have priority over consideration of the individual interest. The individual may have to sustain a harm in order to protect public interest.

 

4.5 Principle of hardship, qa’idat al mashaqqat

 

The principle of hardship is used in difficult situations. Medical interventions that would otherwise be prohibited actions are permitted under the principle of hardship if there is a necessity. Necessity legalizes the prohibited. In the medical setting a hardship is defined as any condition that will seriously impair physical and mental health if not relieved promptly.

 

4.6 Principle of custom, qa’idat al ‘aadat

 

The principle of custom or precedent provides stability to medical practice. The standard of medical care is defined by custom. The basic principle is that custom or precedent has legal force. Established medical procedures and protocols are treated as customs or precedents. They are considered permissible unless there is evidence to prove their prohibition.

 

5.0 REGULATIONS OF MEDICAL PROCEDURES, dhawaabit al tibaabat

 

5.1 Examination and Investigation

 

History: Patient consent is necessary for history taking otherwise it is considered trespassing on privacy and spying. History taking provides an opportunity to discuss diseases of the heart that underlie physical disease. It is an opportunity for taubat and dawa. It is also opportunity to advise on legal matters such as ‘ibadat and iddat.

Physical examination: Physical clinical examination also requires informed consent. A patient can only be examined against his or her consent only if there is a necessity relating to the life of the patient or to public interest such as criminal investigation. Mental patients are not legally competent to give consent; the necessary consent could be obtained from a guardian, wali. Examination by a caregiver of the opposite gender requires special consideration. It is always preferable that physicians of the same gender carry out the examination. A physician of the opposite gender can be used only if a situation of necessity arises. A chaperone must be present. Examination limited to what is necessary.

 

Investigations: The results of laboratory investigations have the same requirements for confidentiality as history and clinical examination. The results of radiological investigations are confidential. Images that show the shape of the body parts can be considered showing ‘awrat and should not be seen except by authorized people only and for specific purposes. Invasive investigations carry a higher risk to the patient; their benefits should be carefully weighed against the benefits. These investigations should be carried out only if there is a clear necessity, dharuurat.

 

5.2 Medical Treatment

 

It is prohibited to use haram materials and najasat as treatment. What is prohibited as food or drink is also prohibited as medicine. Exceptions are made in cases of dharuurat. Medicine taken orally does not nullify wudhu. Any medicine that is taken but is not swallowed and is vomited out is considered like vomitus. Medicine given per rectum nullifies wudhu. Subcutaneous or intravenous or intramuscular injections do not nullify wudhu unless there is extensive external bleeding. Any medicine taken orally or rectally or any insertion of a scope will nullify saum.

 

5.3 Surgical Treatment

 

Permitted surgical procedures include resection, restorative/reconstructive surgery, transplantation, blood transfusion, anesthesia, and critical care.

 

Transfusion of whole blood or blood components is widely accepted and raises few legal or ethical issues. Blood donation is analogous to organ donation by a living donor. Transfused blood is not considered filth, najasat, because it is not spilled blood. Blood transfusion is allowed on the basis of dharuurat. There is no problem in blood donation between Muslims and non-Muslims because they share human brotherhood. There is no problem in blood transfusion between a man and a woman.

 

Blood transfusion does not abrogate the wudhu of the donor or the recipient. Sale of blood is permitted using the analogy of sale of milk by wet nurse who is paid for selling her breast milk but in practice should be discouraged because it can lead to exploitation and destroying the spirit of mutual self reliance, takaful, found in voluntary blood donation.

 

Attempts must be made to minimize inappropriate mixing of male and female health care personnel in a small confined space of the operating theater.

 

5.4 Other treatments

 

Dua, ruqyah, tawakkul, and raja are spiritual treatments. Immunization and other preventive measures are treatment before disease and are not denial of pre-determination, qadar. It is permitted to slaughter on behalf of the sick taqarruban ila al llaah and to give the poor. It is prohibited to slaughter for the jinn and the shaitan. Various traditional, alternative, and complementary therapies are permitted if they are of benefit. Other permitted treatment modalities are irradiation, immunotherapy, and genetic therapy.

 

6.0 REGULATIONS OF PHYSICIAN CONDUCT, dhawaabit al tabiib

 

6.1 Values, Competence, And Responsibility

 

The physician-patient is based on brotherhood. The physician must maintain the highest standards of justice. He should also follow the following guidelines from the sunnat: good intentions, avoiding doubtful things, leaving alone matters that do not concern him, loving good for others, causing no harm, giving sincere advice, avoiding the prohibited, doing the enjoined acts, renouncing greed, avoiding sterile arguments, respect for life, basing decisions and actions on evidence, following the dictates of conscience, righteous acts, quality work, guarding the tongue, avoiding anger and rage, respecting transgressing Allah’s limits, consciousness of Allah in all circumstances, performing good acts to wipe out bad ones, treating people with the best of manners, restraint and modesty, maintaining objectivity, seeking help from Allah, and avoiding oppression or transgression against others.

 

The physician should be professionally competent (itiqan & ihsaan), balanced (tawazun), have responsibility (amanat) and accountability (muhasabat). He must work for the benefit of the patients and the community (maslahat).

 

6.2 Medical Decisions and informed consent

 

Informed consent is obligatory: No medical procedures can be carried out without informed consent of the patient except in cases of legal incompetence. The patient has the purest intentions in decisions in the best interests of his or her life. Others may have bias their decision-making. The patient is free to male decisions regarding choice of physicians and choice of treatments.

 

Process of informed consent: Informed consent requires disclosure by the physician, understanding by the patient, voluntariness of the decision, legal competence of the patient, explanation by the physician of all treatment alternatives, recommendation of the physician on the best course of action, decision by the patient, and authorization by the patient to carry out the procedures. Consent can be by proxy in the form of the patient delegating decision making or by means of a living will.

 

Conditions of valid informed consent: Valid consent must be voluntary, informed, and by a person with capacity to consent. It involves explaining the procedure contemplated, making sure the patient understands, and offering the patient a choice. Consent is limited to what was explained to the patient except in an emergency. Physician assisted suicide, active euthanasia, and voluntary euthanasia are illegal even if there is patient consent.

 

Refusal to consent by a competent adult even if irrational is conclusive and treatment can only be given by permission of the court. Doubts about consent are resolved in favor of preserving life. Refusal to consent must be an informed refusal (patient understands what he is doing).

 

Proxy consent (consent by others on behalf of the patient): Spouses and family members do not have an automatic right to consent. A spouse cannot overrule the patient’s choice. Advance directives, proxy informed consent by the family are made for the unconscious terminal patient on withholding or withdrawal of treatment.

 

 

A do not resuscitate order (DNR) by a physician could create legal complications.

 

The living will has the following advantages: (a) reassuring the patient that terminal care will be carried out as he or she desires (b) providing guidance and legal protection and thus relieving the physicians of the burden of decision making and legal liabilities (c) relieving the family of the mental stress involved in making decisions about terminal care. The disadvantage of a living will is that it may not anticipate all developments of the future thus limiting the options available to the physicians and the family.

 

The device of the power of attorney can be used instead of the living will or advance directive. Decision by a proxy can work in two ways: (a) decide what the patient would have decided if able (b) decide in the best interests of the patient.

 

Consent in special practices: Informed consent is still required for physicians in special practices such as a ship’s doctor, prison doctor, doctors in armed forces. Police surgeons may have to carry out examinations on suspects without informed consent.

 

Consent for children: Competent children can consent to treatment but cannot refuse treatment. The consent of one parent is sufficient if the 2 disagree. Parental choice takes precedence over the child’s choice. Courts can overrule parents. Life-saving treatment of minors is given even if parents refuse. Parental choice is final in therapeutic or non-therapeutic research on children.

 

Consent for mental patients: Mental patients cannot consent to treatment, research, or sterilization because of their intellectual incompetence. They are admitted, detained, and treated voluntarily or involuntarily for their own benefit, in emergencies, for purposes of assessment, if they are a danger to themselves, or on a court order.

 

Suicidal patients tend to refuse treatment because they want to die. Nutrition, hydration, and treatment can be withdrawn in a persistent vegetative state since the chance of recovery is low. There is no moral difference between withholding and withdrawing futile treatment.

 

Labor and delivery are emergencies that require immediate decisions but the woman may not be competent and proxies are used. Forced medical intervention and caeserian section may be ordered in the fetal interest. Birth plans can be treated as an advance directive.

 

6.3 Disclosure and Truthfulness

 

As part of the professional contract between the physician and the patient, the physician must tell the whole truth. Patients have the right to know the risks and benefits of medical procedure in order for them to make an autonomous informed consent. Deception violates fidelity. If disclosure will cause harm it is not obligatory. Partial disclosure and white or technical lies are permissible under necessity. Disclosure to the family and other professionals is allowed if it is necessary for treatment purposes. Physicians must use their judgment in disclosure of bad news to the patient.

 

 

 

6.4 Privacy and Confidentiality

 

Privacy and confidentiality are often confused. Privacy is the right to make decisions about personal or private matters and blocking access to private information. The patient voluntarily allows the physician access to private information in the trust that it will not be disclosed to others. This confidentiality must be maintained within the confines of the Law even after death of the patient.

 

In routine hospital practice many persons have access to confidential information but all are enjoined to keep such information confidential. Confidentiality includes medical records of any form.

 

The patient should not make unnecessary revelation of negative things about himself or herself.

 

The physician can not disclose confidential information to a third party without the consent of the patient. Information can be released without the consent of the patient for purposes of medical care, for criminal investigations, and in the public interest. Release is not justified without patient consent for the following purposes: education, research, medical audit, employment of insurance.

 

6.5 Fidelity

 

The principle of fidelity requires that physicians be faithful to their patients. It includes: acting in faith, fulfilling agreements, maintaining relations, and fiduciary responsibilities (trust and confidence). It is not based on a written contract. Abandoning the patient at any stage of treatment without alternative arrangements is a violation of fidelity.

 

The fidelity obligation may conflict with the obligation to protect third parties by disclosing contagious disease or dangerous behavior of the patient.

 

The physician may find himself in a situation of divided loyalty between the interests of the patient and the interests of the institution.

 

The conflict may be between two patients of the physician such as when maternal and fetal interests conflict.

 

Physicians involved in clinical trials have conflicting dual roles of physicians and investigators.

 

7.0 PROFESSIONAL MISCONDUCT

 

7.1 Abuse of Professional Priviledges

Un-ethical research on patients is abuse of professional privileges.

 

Abuse of treatment privileges consists of unnecessary treatment, iatrogenic infection, and allowing or abetting an unlicensed practitioner.

 

Abuse of prescription privileges is manufacturing, possessing, and supplying a controlled drug without a license, prescription of controlled drugs not following procedures, diverting or giving away controlled substances, dispensing harmful drugs, sale of poisons, and writing prescriptions using secret formulas.

 

Financial fraud may be pharmacy fraud (billing for medicine not supplied), billing fraud (billing for services not performed), equipment fraud (using equipment that is really not needed or using equipment of poorer quality), or supplies fraud. It is also illegal to get financial advantage from prescriptions to be filled by pharmacies owned by the physician. Kick-backs are unethical and illegal.

 

False or inaccurate documentation is a breach of the law and includes issuing a false medical certificate of illness, false death certification, and false injury reports.

 

Court action could be brought against a physician for the following crimes against the person: manslaughter (voluntary & involuntary); euthanasia (active and passive): battery for forced feeding or treatment; criminal liability for patient death; induced non-therapeutic abortion; iatrogenic death; abusive therapy involving torture; intimate therapy; rape and child molestation; and sexual advances to patients or sexual involvement.

 

The physician-patient relation requires that the physician keeps all information about he patient confidential. Breach of confidentiality can be done only in the following situations: court order, statutory duty to report notifiable diseases, statutory duty to report drug use, abortions, births, deaths, accidents at work, disclosure to relatives in the interest of the patient, disclosure in the public interest, sharing information with other health professionals, disclosure for purposes of teaching and research, disclosure for purposes of health management.

 

7.2 Private Mis-Conduct Derogatory To Reputation, Kharq Al Muru’at

 

Breach of trust is a cause for censure because a physician must be a respected and trusted member of the community.

 

Sexual misbehavior such as zina and liwaat are condemned.

 

Fraudulent procurement of a medical license, sale of medical licenses, and covering an unqualified practitioner indicate bad character.

 

Physicians can abuse their position by abuse of trust (eg harmful or inappropriate personal and sexual relations with patients and their families), abuse of confidence (eg disclosure of secrets), abuse of power/influence (eg undue influence on patients for personal gain), and conflict of interest (when the physician puts personal selfish interests before the interests of the patient).

 

Other forms of misconduct are in-humane behavior such as participation in torture or cruel punishment, abuse of alcohol and drugs, behavior unbecoming, indecent behavior, violence, and conviction for a felony.

 

7.3 Public Professional Mis-Conduct

 

Physicians in private practice must adopt good business practices. Halal transactions are praised[1]. An honest businessman is held in high regard[2]. Leniency in transactions is encouraged[3]. Full disclosure is needed in any transaction[4]. Measures and scales must be fulfilled[5]. Bad business practices are condemned. There is no blessing in immoral earnings[6]. Cheating is condemned[7]. Also condemned are financial fraud including criminal breach of trust, riba on bills, fee splitting, bribery[8]. Sale of goodwill of a practice is allowed. Also allowed is agreement among partners that they will not set up a rival practice on leaving the partnership. Entering into a compact with pharmacists or laboratories involving fee splitting and unnecessary referrals is not moral. Treatment regimens cannot be patented as an intellectual property. Physicians are entitled to a reasonable fee as ajr al tabiib[9]. Medical fees cannot be fixed because the Prophet refused to fix prices[10].

 

8.0 ETIQUETTE WITH PATIENTS and FAMILIES

 

8.1 Bed-Side Visits

 

The physician-patient interaction is both professional and social. The bedside visit fulfills the brotherhood obligation of visiting the sick. The human relation with the patient comes before the professional technical relation. It is reassurance, psychological and social support, show of fraternal love, and sharing. A psychologically satisfied patient is more likely to be cooperative in taking medication, eating, or drinking.

 

The following are recommended during a visit: greeting the patient, dua for the patient, good encouraging words, asking about the patient’s feelings, doing good/pleasing things for the patient, making the patient happy, and encouraging the patient to be patient, discouraging the patient from wishing for death, nasiihat for the patient, reminding the patient about dhikr. Caregivers should seek permission, idhn, before getting to the patient. They should not engage in secret conversations that do not involve the patient.

 

8.2 Etiquette Of The Patient

 

The patient should express gratitude to the caregivers even if there is no physical improvement. Patient complaints should be for drawing attention to problems that need attention and not criticizing caregivers. The patient should be patient because illness is kaffaarat and Allah rewards those who surrender and persevere. The patient should make dua for himself, caregivers, visitors, and others because the dua of the patient has a special position with Allah.

 

When a patient sneezes he should praise Allah and the mouth to avoid spread of infections. It is obligatory for the attendants to respond to the sneezer.

 

The patient should try his best to eat and drink although the appetite may be low. The caregivers can not force the patient to eat. They should try their best to provide the favorite food of the patient. The believing patient should never lose hope from Allah. He should never wish for death. The patient should try his best to avoid anger directed at himself or others. Getting angry is a sign of losing patience.

 

8.3 Etiquette Of The Care-Giver

 

The caregiver should respect the rights of the patient regarding advance directives on treatment, privacy, access to information, informed consent, and protection from nosocomial infections.

 

Caregivers must be clean and dress appropriately to look serious, organized and disciplined. They must be cheerful, lenient, merciful, and kind. They must enjoin the good, have good thoughts about the patients, husn al dhann, and avoid evil or obscene words. They must observe the rules of lowering the gaze, ghadh al basar, and khalwat.

 

Caregivers must have an attitude of humbleness, tawadhu'u, They cannot be emotionally-detached in the mistaken impression that they are being professional. They must be loving and empathetic and show mercifulness but the emotional involvement must not go to the extreme of being so engrossed that rational professional judgment is impaired.

 

They must make dua for the patients because pre-determination, qadar, can only be changed by dua. They can make ruqya for the patients by reciting the two mu’awadhatain or any other verses of the Qur’an. They must seek permission, isti' dhaan, when approaching or examining patients. Medical care must be professional, competent, and considerate.

 

Medical decisions should consider the balance of benefits and risks. The general position of the Law is to give priority to minimizing risk over maximizing benefit. Any procedures carried out must be explained very well to the patient in advance. The caregiver must never promise cure or improvement. Every action of the caregiver must be preceded by basmalah. Everything should be predicated with the formula inshallah, if Allah wishes. The caregivers must listen to the felt needs and problems of the patients. They should ask about both medical and non-medical problems.

 

 Supportive care such as nursing care, cleanliness, physical comfort, nutrition, treatment of fever and pain are as important as the medical procedures themselves and are all what can be offered in terminal illness.

 

Caregivers must reassure the patients not to give up hope.

 

Measures should be taken to prevent nosocomial infections.

 

8.4 Etiquette Of Interaction Between Genders

 

Both the caregiver and patient must cover awrat as much as possible. However, the rules of covering are relaxed because of the necessity, dharurat, of medical examination and treatment. The benefit, maslahat, of medical care takes precedence over preventing the harm inherent in uncovering awrat. When it is necessary to uncover awrat, no more than what is absolutely necessary should be uncovered.

 

To avoid any doubts, patients of the opposite gender should be examined and treated in the presence of others of the same gender. The caregivers should be sensitive to the psychological stress of patients, including children, when their awrat is uncovered. They should seek permission from the patient before they uncover their awrat. Caregivers who have never been patients may not realize the depth of the embarrassment of being naked in front of others.

 

Medical co-education involves intense interaction between genders: Teacher-student, student-student, and teacher-teacher. Interacting with colleagues of the opposite gender raises special problems. Norms of dress, speaking, and general conduct; class-room etiquette; social interaction; laboratory experiments on fellow students; Clinical skills laboratory: learning clinical skills by examining other students; Operation theatre.

 

Medical personnel of opposite genders should wear gender-specific garments during surgical operations because Islam frowns on any attempt to look like the opposite gender.

 

Shari’at guidelines on interaction with patients of the opposite gender should be followed. Taking history, physical examination, diagnostic procedures, and operations should preferably be by a physician of the same gender. In conditions of necessity a physician of the opposite gender can be used and may have to look at the ‘awrat or touch a patient. The conditions that are accepted as constituting dharuurat are: skills and availability.

 

8.5 Dealing With The Family

 

Visits by the family fulfill the social obligation of joining the kindred and should be encouraged. The family are honored guests of the hospital with all the shari’at rights of a guest. The caregiver must provide psychological support to family because they are also victims of the illness because they anxious and worried. They need reassurance about the condition of the patient within the limits allowed by the rules of confidentiality.

 

The family can be involved in some aspects of supportive care so that they feel they are helping and are involved. They should however not be allowed to interrupt medical procedures. Caregivers must be careful not to be involved in family conflicts that arise from the stresses of illness.

 

9.0 ETIQUETTE WITH THE DYING

 

9.1 Comfort:

 

Narcotics are given for severe pain. Drugs are used to allay anxiety and fears. The caregivers should maintain as much communication as possible with the dying. They should attend to needs and complaints and not give up in the supposition that the end was near. Attention should be paid to the patient's hygiene such as cutting nails, shaving hair, dressing in clean clothes. As much as possible the dying patient should be in a state of rutual purity, wudhu, all the time.

 

9.2 ‘Ibadat:

 

The dying patient should as far as is possible be helped to fulfill acts of worship especially the 5 canonical prayers. Tayammum can be performed if wudhu is impossible. Physical movements of salat should be restricted to what the patient's health condition will allow. The prophet gave guidelines on salat even for the semi-conscious patient, salat al mughma ‘alayhi.

 

The terminal patient is exempted from puasa because of the medical condition. It is wrong for a patient in terminal illness to start fasting on the grounds that he will die anyway whether he ate enough food or not. lllness does not interfere with the payment of zakat since it is a duty related to the wealth and not the person. The terminal patient is excused from the obligation of hajj. It is also wrong for a patient in terminal illness to go for hajj with the intention of dying and being buried in Hejaz.

 

9.3 Spiritual Preparation

 

Spiritual preparation involves allaying anxiety, presenting death as a positive event, thinking of Allah, and repentance. Caregivers should allay fear and anxiety about impending death. Death of the believer is an easy process that should not be faced with fear or apprehension. The process of death should be easier for the believer than the non-believer. The soul of the believer is removed gently. Believers will look at death pleasantly as an opportunity to go to Allah. Allah loves to receive those who love going to Him.

 

The patient should be encouraged to look forward to death because death from some forms of disease confers martyrdom. The patient should be told that Allah looks forward to meeting those who want to meet Him. Dying with Allah's pleasure is the best of death and is a culmination of a life-time of good work. Thinking well of Allah is part of faith and is very necessary in the last moments when the pain and anxiety of the terminal illness may distract the patient's thoughts away from Allah. Having hope in Allah at the moment of death makes the process of dying more acceptable. The dying patient should be encouraged to repent because Allah accepts repentance until the last moment.

 

9.4 Legal Preparation

 

During the long period of hospitalization, the health care givers develop a close rapport with the patient. A relationship of mutual trust can develop. It is therefore not surprising that the patient turns to the care givers in confidential matters like drawing a will.

 

The health care givers as witnesses to the will must have some elementary knowledge of the law of wills and the conditions of a valid will, shuruut al wasiyyat. One of these conditions is that the patient is mentally competent. The law accepts clear signs by nodding or using any other sign language as valid expressions of the patient's wishes. The law allows bequeathing a maximum of one third of the total estate to charitable trusts, waqf, or gifts. More than one third of the estate can be bequeathed with consent of the inheritors.

 

A terminal patient can make living will regarding donation of his organs for transplantation. The caregiver must explain all what is involved so that an informed decision is made. The caregiver may be a witness. It is however preferable that in addition some members of the family witness the will to ensure that there will be no disputes later.

 

The caregiver may be a witness to pronouncement of divorce by a terminally ill patient. The pronouncement has no legal effect if the patient is judged legally incompetent on account of his illness. If the patient is legally competent, the divorce will be effective but the divorcee will not lose her inheritance rights.

 

The caregiver should advise the terminal patient to remember all his outstanding debts and to settle them. If the deceased has some property, the debts are settled before any distribution of the property among the inheritor.

 

9.5 Death, Burial, And Mourning

 

The last moments are very important. The patient should be instructed such that the last words pronounced are the kalimat, the testament of the faith. Once death has occurred the body is placed in such a way that it is facing the qiblat. Eyes are closed and the body is covered. Qur'an and dua are then recited.

 

The health care giver should take the initiative to inform the relatives and friends. They should be advised about the shari’at rules on mourning. Weeping and dropping tears are allowed. On receiving the news of death it suffices to say 'we are for Allah and to Him we will return'. The following are not allowed: tearing garments, shaving the head, slapping the cheek, wailing, and crying aloud.

 

Relatives are comforted by telling them hadiths of the prophet about death. These hadiths talk about the reward of the person who loses his beloved one and he is patient.

 

The health care team should practice total care by being involved and concerned about the processes of mourning, preparation for burial and the actual burial. They should participate along with relatives as much as is possible. The preparation of the body for burial can be carried out in the hospital.

 

As many persons as possible from the hospital should participate in salat al janazat. After burial, the relatives are consoled. Only good things should be said about the deceased.

 

10.0 ETIQUETTE IN THE HEALTH CARE TEAM

 

10.1 Principles Of Group Work

 

A group is several interdependent and interacting persons. Work is enjoined in groups that are united, cooperative, open and trusting. Group members must be similar, empathetic, supportive, and sharing. Separation from group is condemned. Group norms must be respected. Breaking norms, secretive behavior, concealment of information, and secret talks destroy groups. Group membership has benefits of integration, stimulation, motivation, innovation, emotional support, and endurance. Group performance is superior to individual performance. Group membership has the disadvantages of arrogance, suppression of individual initiative, member mismatch, and intra-group conflict.

 

Group formation has 4 stages: forming (acquaintance and learning to accept one another), storming (emotions and tensions), initial integration (start of normal functioning), total integration (full functioning), and dissolution.

 

Mature groups have group identity, optimized feedback, decision-making procedures, cohesion, flexibility of organization, resource utilization, communication, clear accepted goals, interdependence, participation, and acceptance of minority views.

 

Groups fail when constituted on the wrong basis, when members cannot communicate, when there is no commonality (interests, attitudes, and goals), and when they have diseases of jealousy,hasad, hypocrisy,nifaq, rumor mongering, namiimah, back-biting, gaybah, telling lies, kadhb, showing off, riyah, pride, kibriyah, love of leadership, hubb al riyasa, spying on others, tajassus, and thinking bad of others, dhun al soo.

 

An effective group follows the Qur'an and sunnat, members feel secure and not suppressed, members understand and practice sincere group dynamics, members are competent and are committed to the group and the leadership.

 

 

10.2 Etiquette Of Teaching & Learning In The Health Care Team

 

The hospital health care team is complex and multi-disciplinary with complementary and inter-dependent roles. Members have dual functions of teaching and delivering health care. Most teaching is passive learning of attitudes, skills, and facts by observation.

 

Teachers must be humble. They must make the learning process easy and interesting. Their actions, attitudes, and words can be emulated. They should have appropriate emotional expression, encourage student questions, repeat to ensure understanding, and not hide knowledge.

 

The student should respect the teacher for the knowledge they have. They should listen quietly and respectfully, teach one another, ask questions to clarify, and take notes for understanding and retention. They should stay around in the hospital and with their teachers all the time to maximize learning.

 

10.3 Etiquette Of Care Delivery In The Health Care Team

 

Each member of the team carries personal responsibility with leaders carrying more responsibility. Leaders must be obeyed except in illegal acts, corruption, or oppression. Rafidah was good model of etiquette. She was kind, empathetic, a capable leader and organizer, clinically competent, and a trainer of others. Besides clinical activities, she was public health nurse and a social worker assisting all in need. Caregivers must have a human side to them. The human touch is unfortunately being forgotten in modern medicine as the balance is increasingly tilted in favor of technology.

 

10.4 The Health Care Team: General Group Dynamics

 

Basic duties of brotherhood and best of manners must be observed. Encouraged are positive behaviors (mutual love, empathy, caring for one another; leniency, generosity, patience, modesty, a cheerful disposition, calling others by their favorite names, recognizing the rights of the older members, and self control in anger. Discouraged are negative attributes (harshness in speech, rumor mongering, excessive praise, mutual jealousy, turning away from other for more than 3 days, and spying on the privacy of others).

 

10.5 The Health Care Team: Special Group Dynamics

Gender-specific identity should be maintained in dress, walking, and speaking. Free mixing of the genders is forbidden but professional contact within the limits of necessity is allowed. Patients of the opposite are examined in the presence of a chaperone. The gaze should be lowered. Modest and covering must be observed. Display of adornments that enhance natural beauty must be minimized.



[1] (Zaid H539)

[2] (Tirmidhi K12 B4)

[3] (Bukhari K34 B16)

[4] (Ibn Majah K12 B45)

[5] (Muwatta K31 H99)

[6] (Darimi K20 B60)

[7]  (Bukhari K34 B19)

[8] (Abudaud K23 B4)

[9] (Bukhari K37 B16)

[10]  (Abudaud K22 B49)

Professor Omar Hasan Kasule, Sr. November, 2007