Morally speaking, employing Performance-Enhancing Medicines (PEMs) in sports is not acceptable because using these medicines in sports competitions is associated with negative legal consequences. However, due to rapid advances in the genetic modification technologies, there is a fear that these therapeutic technologies have been applied to athletes (e.g., to prevent Myostatin from incapacitating skeletal muscle groups). Additionally, taking and giving performance-enhancing medicines are not only unethical, but such activities could even be illegal because of the dangerous side effects of drugs associated with it. The main issue that this paper is going to discuss in the absence of criminal provisions addressing the actions of doping generally and gene doping in many existing legal systems around the world. Another issue that this paper deals with is the lack of laboratory screening methods that can discover the occurrence of gene modifications. In this regard, this study attempts to examine the legal theory of the development of disciplinary and criminal systems setting athletes’ responsibility which definitely arise as a result of utilizing PEMs and employing gene doping technologies in sports competitions. The study uses the analytic method to find out the exact terminologies of these substances which affect athletes and their rights to life - bodily integrity.
Islam recommends its followers to protect the body, to enjoy full health and also prohibits them from endangering their own soul (an-Nafs) which is within their body. This study attempts to present the perspective of Islamic Shari‘ah regarding performance enhancing drugs (PEDs) used in sports. This is achieved by showing that using prohibited substances and methods constitutes fraud. Moreover, it also has a detrimental effect on the right to life and the right of bodily integrity. The Problem: The problem states that some sports practitioners accept the idea of taking banned items and consider it to be inevitable in line with the sweeping trend of globalization. However, it is a fact that such behaviour contradicts Islamic ethics and rules which forbid cheating. Methodology: This study employed descriptive, analytical, and inferential methods as these methods suit the objectives and hypotheses of the study. Authenticity and Value: The originality and value of this study appears in its ethical presentation and treatment of the phenomenon which has been stripped of any moral determinant. Findings: The most important finding of this study is that cheating in sports, particularly doping in sports, is a serious problem that needs a radical solution. Furthermore, any respected athlete (male or female) who is taking PEDs should abstain from taking such drugs because it is considered as cheating that harms the body and endangers life. Accordingly, a person who takes prohibited and banned drugs contravenes both the Islamic Shari‘ah and the secular law. Moreover, that person deserves punishment suggested by both of these codes of law.
Sport raises the level of human physical activity within the limits of genetic traits. The results of gene therapy have attracted some to think of using its technologies to create an “indomitable athlete.” World Anti-Doping Agency (WADA) applies uncertain genetic testing procedures to establish cases of this type of doping. Yet, if the results of these procedures are doubtful, then doubt must be interpreted in favor of the athlete concerned.
The yearning to win sports competitions has led some athletes to dope. Doping in sports is a real threat to the ‘Spirit of Sport’ and fairness. The pharmacokinetics of performance-enhancing drugs differ, as do their effects and purposes of use. As one of the most effective and decisive solutions, the idea to issue a prohibited list came to raise the legal awareness level among athletes about the types of prohibited substances and methods they have to avoid and in which time specifically. In addition, for the sake of broader and more comprehensive cooperation between the law, medicine, and pharmacology, to confront the phenomenon, and limit it to the narrowest possible scope on the other hand. The idea to issue the prohibited list came. Historical, descriptive, and legal approaches are employed in conducting this review. Additionally, the method of conceptual analysis is used to discover the exact normative terminology. The most significant finding for this review is that the issuance of the Prohibited List brought greater stability to sporting events. Its annual issuance is legal proof in front of everyone (countries, international sports organisations, and athletes).
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