Praise be to Allah, who taught man what he did not know, who enabled him to observe the signs of creation, opened to him the doors of exploration into the mysteries of existence, and made Islamic law a guide for science and a judge over its outcomes. Peace and blessings be upon our master Muhammad, who brought a divine, compassionate, and balanced Sharia that honours human nature, weighs matters with the scales of benefit and harm, and opens the door to ijtihād (independent reasoning) with proper regulation in response to new developments.
At a critical moment in scientific history—when genetic medicine has reached its peak and artificial intelligence intersects with tools for decoding the human genome—the Kuwait International Document, issued at the 17th International Conference of the Islamic Organization for Medical Sciences (Kuwait, 14–17 May 2025), serves as a pivotal scientific and Sharia-based milestone in regulating the use of genetic fingerprinting and genome editing.
1. Commendable Efforts and a Unique Conference
Any fair-minded researcher cannot help but commend the efforts of the Islamic Organization for Medical Sciences, which has long been at the forefront of bringing together scholars, doctors, researchers, and legal experts to address emerging medical issues from a sound Sharia-based and scientific perspective.
This conference—held under the patronage of His Highness Sheikh Sabah Khaled Al-Hamad Al-Sabah, Crown Prince of the State of Kuwait (may Allah preserve him)—affirmed the pioneering role of this blessed organisation, under the leadership of Professor Dr. Mohammad Al-Jarallah, and with the meticulous academic coordination of Professor Dr. Abdullatif Al-Mur, Assistant Secretary-General.
2. A Jurisprudential Prelude
Before presenting the conference’s conclusions, it is important to recall that Islamic Sharia does not oppose sound science. Rather, it embraces and guides it. Moreover, it does not prioritise speculation over certainty, nor does it accept attributing to the Sharia that which has been proven false either by sense or reason.
Therefore, genetic fingerprinting, in light of modern scientific advancements, is no longer just a “strong presumption” as previously described, but in many of its applications, it constitutes conclusive evidence, comparable in strength to evidence based on paternity claims, confessions, or testimonies—and in some cases, even surpasses them in certainty.
3. The Sharia-Based Resolution of the Conference
Following the presentation of scientific, medical, and Sharia-based papers and specialised juristic deliberations, the conference issued a series of religious-scientific decisions, summarised as follows:
1. On Genome Editing:
- It is permissible under Islamic law to use genome editing techniques for treating genetic diseases such as cystic fibrosis and haemophilia, provided their safety, effectiveness, and equitable access are verified.
- Their use for non-therapeutic purposes, such as “enhancing offspring” or “designer babies,” is prohibited, as it constitutes tampering with Allah’s creation and undermines human dignity.
- Not every change in creation is forbidden; rather, its purpose and consequences must be considered. If the goal is a legitimate benefit, like treatment or prevention, and it does not violate Islamic principles, it is permissible—as in the case of circumcision, branding animals, or lawful beautification.
2. On Genetic Fingerprinting:
- The conference confirmed that, in light of recent scientific advancements, genetic fingerprinting has reached a level of precision that makes it conclusive evidence in proving or disproving lineage, with a margin of error no greater than 1 in a billion.
- The conference recommended submitting a proposal to the International Islamic Fiqh Academy, Al-Azhar Al-Sharif, and Dar Al-Ifta Al-Misriyyah to reconsider previous rulings that prohibited using genetic fingerprinting to negate lineage—due to new scientific progress, social changes, and refined Sharia-based reasoning.
- It emphasised that the principle “The child is attributed to the (legal) bed” is not absolute, and may be overridden by clear evidence, such as genetic fingerprinting in the modern age.
4. Jurisprudential Grounding and Collective Ijtihad
The conference reaffirmed that Islamic Sharia does not affirm a lineage that is known with certainty to be false, nor does it close the door to verifying lineage when the marital framework is compromised or there are definitive indications of paternal disconnection. This is supported by authentic prophetic traditions and the statements of leading jurists, including:
- The saying of the Prophet ﷺ: “Any woman who attributes a child to a group to whom it does not belong…”
- And in relation to resemblance: “Look at him. If he comes out fair-skinned and straight-haired…”
These and other hadiths indicate the permissibility of verification and investigation in matters of lineage—especially when there is suspicion or irregularity, as in cases of adultery or assault.
5. A Call for Integration Between Juristic and Scientific Bodies
This scientific and jurisprudential resolution serves as a clear invitation for major fiqh councils to collaborate with scientific and medical institutions, to produce a rooted, contemporary jurisprudence that respects foundational principles, acknowledges changing realities, and engages with modern tools through a framework of regulation, not rejection.
The document further emphasises the need for a global legal and ethical framework to protect human genes from manipulation, commodification, or political exploitation, and to safeguard the privacy and dignity of individuals.
Conclusion:
The Kuwait Document does not merely represent a set of scientific recommendations—it lays the foundation for a collective institutional ijtihad, reconnecting science with divine revelation, regulating technological advancement within Sharia constraints, and elevating the issues of genetic fingerprinting and genome editing into major ethical-jurisprudential questions. These are not confined to laboratories but touch directly on human identity, destiny, and dignity.
We ask Allah Almighty to guide our scholars and jurists to wise understanding, sound articulation, and insightful direction, and to make this document a blessed step towards establishing a life-based jurisprudence in light of the Islamic Sharia and human welfare.
Allah is the source of success.
— Chairman of the Sharia Committee at the European Council for Islamic Centres and Leaders
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