Zur Positionalität von Islam, Recht und Ethik in der Pränataldiagnosti

Abstract

Debates among Muslim religious scholars in the field of Islamic medical ethics are characterized by a broad spectrum of interpretations. This is not surprising, considering that the religious-legal norms and ethical-moral values are entangled in the šarīʿa. This body of religious norms, based on the sacred scriptures of Islam, requires human interpretation in order to be applicable. This is particularly relevant for developments in medical technologies and medical knowledge. Here, Muslim scholars are faced with challenges that have not been considered in former times. Apart from the fundamental legal question dealing with the extent of human life and interferences to it, ethical and moral questions gained particular importance in the broader normative discourse. This treatise provides insights into the debate of prenatal diagnostic procedures and its impact on prolongation of life or premature termination. From a jurisprudential perspective, the article addresses the basic Islamic legal norms on the question of physical integrity and early phases of life. In addition, the issue of non-invasive prenatal tests will be touched upon the catalog of services provided by compulsory health insurances in Germany.