All praise is due to Allah, who taught man what he knew not, who enabled him to observe the signs of creation, granted him the means to explore the secrets of the universe, and made the Sharia a guide for science and a judge over its outcomes. Peace and blessings be upon our Prophet Muhammad, who brought forth a divinely balanced and compassionate law—one that respects human nature, weighs matters by the scale of benefit and harm, and opens the door of ijtihad within its proper framework to address the emerging issues of every age.
At a critical juncture in the history of science—where genetic medicine has reached new heights and artificial intelligence has merged with tools to decode human genetic material—the Kuwait International Document was issued. It emerged from the 17th International Conference of the Islamic Organisation for Medical Sciences (Kuwait, 14–17 May 2025) and stands as a defining scientific and Sharia-based reference point for handling the issues of genetic fingerprinting and genome editing.
1. Commendable Efforts and a Landmark Conference
Any fair-minded researcher must acknowledge the tremendous work of the Islamic Organisation for Medical Sciences, which has consistently led the way in uniting jurists, physicians, researchers, and legal experts to address medical issues from a sound Islamic and scientific perspective.
This conference—held under the patronage of His Highness Sheikh Sabah Khalid Al-Hamad Al-Sabah, Crown Prince of the State of Kuwait (may Allah protect him)—reaffirmed the pioneering role of this blessed organisation. The event was led by Professor Dr Mohammed Al-Jarallah, President of the Organisation, and was meticulously coordinated by His Excellency Professor Dr Abdel Latif Al-Murr, Assistant Secretary-General.
2. A Jurisprudential Introduction
Before summarising the conference conclusions, it is essential to recall that Islamic Sharia does not oppose sound scientific knowledge; rather, it embraces and guides it. It does not prioritise conjecture over certainty, nor does it accept that something proven false by sensory or rational means be attributed to the religion.
Therefore, genetic fingerprinting—based on modern scientific advancement—is no longer considered merely a “strong indication” as previously described. In many of its applications, it now constitutes definitive evidence, equal to or even surpassing traditional proofs such as marital presumption, confession, and witness testimony, particularly in its ability to yield certainty.
3. The Sharia-Based Ruling Issued by the Conference
After a thorough review of scientific, medical, and Sharia-based papers, as well as specialist fiqh deliberations, the conference issued a set of scholarly legal rulings, summarised as follows:
a. On Genome Editing:
- The use of gene-editing technologies is Islamically permissible for treating genetic diseases such as cystic fibrosis and haemophilia, provided their safety, effectiveness, and equitable access are verified.
- Their use is prohibited for non-therapeutic purposes, such as “enhancing offspring” or “customising embryos,” as these entail altering Allah’s creation and infringe upon human dignity.
- Not every alteration of creation is forbidden; it depends on the intention and outcome. If it serves a legitimate Sharia purpose (such as treatment or prevention) and does not involve any prohibited elements, then it is permissible—much like circumcision, branding animals, or permitted forms of grooming and adornment.
b. On Genetic Fingerprinting:
- The conference affirmed that, given recent scientific advancements, genetic fingerprinting has reached a level of precision that renders it conclusive proof for affirming or denying lineage, with an error margin not exceeding 1 in a billion.
- It recommended that a proposal be submitted to the International Islamic Fiqh Academy, Al-Azhar Al-Sharif, and Egypt’s Dar Al-Ifta to reconsider previous rulings that prohibited denying lineage through genetic evidence, in light of scientific developments, social transformations, and precise juristic reasoning.
- The conference emphasised that the legal maxim “The child belongs to the [marital] bed” is not absolute and can be overridden by cases of li‘ān (mutual cursing) or definitive evidence, such as genetic fingerprinting in the modern era.
4. Juristic Foundations and Collective Ijtihad
The conference reaffirmed that Islamic Sharia does not uphold a lineage known with certainty to be false, nor does it close the door to verification of lineage in cases of disrupted marital relationships or when conclusive evidence exists disproving paternity. This stance is supported by authentic prophetic traditions and the opinions of authoritative jurists, such as:
- The saying of the Prophet ﷺ: “Any woman who introduces into a people someone who does not belong to them…”
- And his saying regarding physical resemblance: “Look at her—if she gives birth to a fair-skinned, straight-haired child…”
These and other Hadiths indicate the permissibility of investigating and verifying lineage, especially in cases of uncertainty or suspicion, such as adultery or rape.
5. A Call for Integration Between Juristic Bodies and Scientific Institutions
This scholarly-legal resolution serves as a clear call for major juristic councils to coordinate with scientific and medical institutions to produce a contemporary and rooted jurisprudence—one that upholds core principles, understands the changing context, and approaches modern tools with a mindset of “regulation, not rejection.”
The document stressed the need to establish a global legal and ethical framework to safeguard genetic material from tampering, commodification, or political misuse, thereby protecting human privacy and dignity.
Conclusion:
The Kuwait Document is not merely a set of scientific recommendations—it lays the foundation for collective institutional ijtihad that reconnects science with divine revelation. It regulates technological progress within the bounds of Sharia and frames the topics of “genetic fingerprinting” and “genome editing” as major ethical and legal matters that extend far beyond laboratories. They touch upon the very essence of human identity, destiny, and dignity.
We ask Allah Almighty to grant scholars and jurists clarity in expression, understanding, and guidance, and to make this document a blessed step toward a jurisprudence of life rooted in the Sharia of Islam and the welfare of humankind.
Sh. Prof. Faid Mohammed Said
Chair of the Sharia Committee, European Council for Islamic Organisations and Leadership
