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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Main Authors: Haneef, Sayed Sikandar Shah, Abdul Razak, Mohd. Abbas, Mohamed Yunus, Saidatolakma
Format: Article
Language:English
Published: LexisNexis Malaysia Sdn. Bhd. 2018
Subjects:
Online Access: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
id iium-63635
recordtype eprints
spelling 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
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP173.25 Islamic law and other disciplines or subjects
KBP470 Law reform. Criticism. Tanzim
spellingShingle 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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