Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death
Islam law being a comprehensive code of conduct prescribes a set of ethico-legal guidelines not only to preserve human life but to regulate human sickness, dying and death. Dying in accordance with Islamic rules especially is of paramount significance about which each and every Muslims with an iota...
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iium-636352018-10-29T04:07:18Z http://irep.iium.edu.my/63635/ Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death Haneef, Sayed Sikandar Shah Abdul Razak, Mohd. Abbas Mohamed Yunus, Saidatolakma KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Islam law being a comprehensive code of conduct prescribes a set of ethico-legal guidelines not only to preserve human life but to regulate human sickness, dying and death. Dying in accordance with Islamic rules especially is of paramount significance about which each and every Muslims with an iota of faith in God, human resurrection and afterlife is concerned. The Qur`an, the Sunnah and Muslim jurists sufficiently guide Muslims as to how to handle illness, dying and matter of declaration of someone as legally dead. Nevertheless, in the modern context, in view of the pivotal role of medical intervention to treat illness and manage end-of-life care, adherence to some of the most cherished Islamic ethico-legal doctrines are not only impossible but also have become subject of intense debate. Most importantly, traditional criteria of death, namely the stoppage of heart throb and respiration are considered no more relevant in view of medical definition of death and its conception especially in the case of comatose patients and those in vegetative state in the hospital wards. This paper while dealing with issues of Muslim notion of death and dying, engages with the debate over sufficiency of medical definition of death to be equated with legal death from Islamic legal perspective and argues for its cautious and restricted use only when traditional signs are not plausible to apply. LexisNexis Malaysia Sdn. Bhd. 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63635/1/63635_Muslim%20conception%20of%20dying%20and%20death.pdf Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd. Abbas and Mohamed Yunus, Saidatolakma (2018) Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death. Shariah Law Journal Reports, 2 (April to June). i-xvi. http://www.lexisnexis.com.my/en-my/products/shariah-law-journal.page |
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topic |
KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim |
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KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Abdul Razak, Mohd. Abbas Mohamed Yunus, Saidatolakma Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
description |
Islam law being a comprehensive code of conduct prescribes a set of ethico-legal guidelines not only to preserve human life but to regulate human sickness, dying and death. Dying in accordance with Islamic rules especially is of paramount significance about which each and every Muslims with an iota of faith in God, human resurrection and afterlife is concerned. The Qur`an, the Sunnah and Muslim jurists sufficiently guide Muslims as to how to handle illness, dying and matter of declaration of someone as legally dead. Nevertheless, in the modern context, in view of the pivotal role of medical intervention to treat illness and manage end-of-life care, adherence to some of the most cherished Islamic ethico-legal doctrines are not only impossible but also have become subject of intense debate. Most importantly, traditional criteria of death, namely the stoppage of heart throb and respiration are considered no more relevant in view of medical definition of death and its conception especially in the case of comatose patients and those in vegetative state in the hospital wards. This paper while dealing with issues of Muslim notion of death and dying, engages with the debate over sufficiency of medical definition of death to be equated with legal death from Islamic legal perspective and argues for its cautious and restricted use only when traditional signs are not plausible to apply. |
format |
Article |
author |
Haneef, Sayed Sikandar Shah Abdul Razak, Mohd. Abbas Mohamed Yunus, Saidatolakma |
author_facet |
Haneef, Sayed Sikandar Shah Abdul Razak, Mohd. Abbas Mohamed Yunus, Saidatolakma |
author_sort |
Haneef, Sayed Sikandar Shah |
title |
Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
title_short |
Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
title_full |
Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
title_fullStr |
Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
title_full_unstemmed |
Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
title_sort |
muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death |
publisher |
LexisNexis Malaysia Sdn. Bhd. |
publishDate |
2018 |
url |
http://irep.iium.edu.my/63635/ http://irep.iium.edu.my/63635/ http://irep.iium.edu.my/63635/1/63635_Muslim%20conception%20of%20dying%20and%20death.pdf |
first_indexed |
2023-09-18T21:30:13Z |
last_indexed |
2023-09-18T21:30:13Z |
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1777412461251526656 |