An Islamic Ethico-legal Framework for Articular Cartilage Tissue Engineering Research

Abstract

The available studies showed a connection between mental health features of anxiety, depression, and stress with osteoarthritic patients. The joint disease can be treated with articular cartilage tissue engineering (ACTE), which has undergone various research and development. However, the ethical and legal concerns of such practices, including cell sources, biomaterials, signalling factors, and animal study, have yet to be addressed systematically. The study aims to formulate an Islamic ethical and legal framework to facilitate both the scientific and social progress of ACTE research in the Malaysian context. The present work used content analysis of relevant journal articles obtained through systematic online searches. The study then utilised the existing documents on Malaysian laws, regulations, and guidelines; and fatwā related to the ACTE research to build a framework. Based on the documents, the ethical and legal framework was formulated. The framework was proposed to include six steps in handling the ethical and legal issues in ACTE research. There are (1) to select research design and strategy, (2) to identify the potential issues, (3) to review relevant laws, regulations and guidelines, (4) to review the relevant sharīʿah rulings and opinions, (5) to consider possible alternatives and its consequences, and (6) to decide and implement the best course of action. These six steps are aligned based on the concept of Maqāṣid al-Sharīʿah (the objectives of Islamic law) and al-Qawāʿid al-Fiqhiyyah (Islamic Legal Maxim). The framework can serve as a guide to conduct safe and sound ACTE research based on the Islamic perspective.