Advance healthcare directives: The emerging global trends and shari’ah perspectives

Advance Healthcare Directives emerged due to the enhancement of patient autonomy which ideals have been firmly embedded in the development of modern medical decision making. An advance healthcare directive is a document that seeks to preserve the patient’s right of self-determination by representing...

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Main Authors:	Jahn Kassim, Puteri Nemie, Alias, Fadhlina
Format:	Article
Language:	English
Published:	IDOSI Publications 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/1/Published%20Paper%20Adv%20%20Global%20Trends%2036.pdf

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recordtype	eprints
spelling	iium-598042018-01-31T16:50:52Z http://irep.iium.edu.my/59804/ Advance healthcare directives: The emerging global trends and shari’ah perspectives Jahn Kassim, Puteri Nemie Alias, Fadhlina K Law (General) Advance Healthcare Directives emerged due to the enhancement of patient autonomy which ideals have been firmly embedded in the development of modern medical decision making. An advance healthcare directive is a document that seeks to preserve the patient’s right of self-determination by representing his values and wishes in the event he becomes incapacitated and no longer able to fully partake in the decision-making process. Particularly, when life sustaining measures are required in making end of life decisions, clear instructions embodied in the advance healthcare directives will serve as guidance to healthcare providers in respecting patient’s wishes, managing healthcare resources and reducing the likelihood of disputes with patient’s family members. Subsequently, the growth and popularity of these directives has led to the enactment of legislations by many countries in clarifying the legitimacy of such directives when employed in healthcare settings. The legal development of advance healthcare directives is seen to be more prominent in the United States, Australia and parts of Europe while countries in other jurisdictions may not specifically address the legal status of such directives in their legislations but treat them as being legally persuasive. Nevertheless, for Muslim patients, the use of advance healthcare directives to determine their health destiny must abide by the Shari’ah as the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Shari’ah. This paper seeks to discuss the legal development of advance healthcare directives in selected countries around the globe and the legitimacy of these directives from the Shari’ah perspectives. IDOSI Publications 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59804/1/Published%20Paper%20Adv%20%20Global%20Trends%2036.pdf Jahn Kassim, Puteri Nemie and Alias, Fadhlina (2017) Advance healthcare directives: The emerging global trends and shari’ah perspectives. World Applied Sciences Journal, 35 (8). pp. 1490-1496. ISSN 1818-4952 E-ISSN 1991-6426 http://idosi.org/wasj/wasj35(8)17/36.pdf 10.5829/idosi.wasj.2017.1490.1496
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Alias, Fadhlina Advance healthcare directives: The emerging global trends and shari’ah perspectives
description	Advance Healthcare Directives emerged due to the enhancement of patient autonomy which ideals have been firmly embedded in the development of modern medical decision making. An advance healthcare directive is a document that seeks to preserve the patient’s right of self-determination by representing his values and wishes in the event he becomes incapacitated and no longer able to fully partake in the decision-making process. Particularly, when life sustaining measures are required in making end of life decisions, clear instructions embodied in the advance healthcare directives will serve as guidance to healthcare providers in respecting patient’s wishes, managing healthcare resources and reducing the likelihood of disputes with patient’s family members. Subsequently, the growth and popularity of these directives has led to the enactment of legislations by many countries in clarifying the legitimacy of such directives when employed in healthcare settings. The legal development of advance healthcare directives is seen to be more prominent in the United States, Australia and parts of Europe while countries in other jurisdictions may not specifically address the legal status of such directives in their legislations but treat them as being legally persuasive. Nevertheless, for Muslim patients, the use of advance healthcare directives to determine their health destiny must abide by the Shari’ah as the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Shari’ah. This paper seeks to discuss the legal development of advance healthcare directives in selected countries around the globe and the legitimacy of these directives from the Shari’ah perspectives.
format	Article
author	Jahn Kassim, Puteri Nemie Alias, Fadhlina
author_facet	Jahn Kassim, Puteri Nemie Alias, Fadhlina
author_sort	Jahn Kassim, Puteri Nemie
title	Advance healthcare directives: The emerging global trends and shari’ah perspectives
title_short	Advance healthcare directives: The emerging global trends and shari’ah perspectives
title_full	Advance healthcare directives: The emerging global trends and shari’ah perspectives
title_fullStr	Advance healthcare directives: The emerging global trends and shari’ah perspectives
title_full_unstemmed	Advance healthcare directives: The emerging global trends and shari’ah perspectives
title_sort	advance healthcare directives: the emerging global trends and shari’ah perspectives
publisher	IDOSI Publications
publishDate	2017
url	http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/ http://irep.iium.edu.my/59804/1/Published%20Paper%20Adv%20%20Global%20Trends%2036.pdf
first_indexed	2023-09-18T21:24:45Z
last_indexed	2023-09-18T21:24:45Z
_version_	1777412116751319040

Advance healthcare directives: The emerging global trends and shari’ah perspectives

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