Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum

The birth of conjoined twins is a comparatively rare event, constituting 1 in 100,000 births. Being a product of a single fertilised egg, these twins are believed to be the result of an incomplete division of embryo, which inhibits complete development of various organ systems. As a result, they usu...

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Main Authors:	Jahn Kassim, Puteri Nemie, Alias, Fadhlina
Format:	Article
Language:	English English English
Published:	International Institute of Islamic Civilisation and Malay World (ISTAC), International Islamic University Malaysia (IIUM) 2018
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/64730/ http://irep.iium.edu.my/64730/ http://irep.iium.edu.my/64730/1/64730_Separation%20of%20Conjoined%20Twins%20from%20the%20Common%20Law.pdf http://irep.iium.edu.my/64730/7/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_SCOPUS.pdf http://irep.iium.edu.my/64730/8/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_WoS.pdf

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spelling	iium-647302018-10-02T06:35:56Z http://irep.iium.edu.my/64730/ Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum Jahn Kassim, Puteri Nemie Alias, Fadhlina K Law (General) KBP Islamic Law The birth of conjoined twins is a comparatively rare event, constituting 1 in 100,000 births. Being a product of a single fertilised egg, these twins are believed to be the result of an incomplete division of embryo, which inhibits complete development of various organ systems. As a result, they usually suffer from physical malformation manifested in for instance, conjoined hearts, lungs, livers, limbs or even genito-urinary tracts. Thus, their chronic medical condition tends to require surgical intervention. However, separating them triggers a plethora of legal and ethical issues as separation may involve the possibility of sacrificing one twin if they are sharing organs. This inevitably creates a range of ethical dilemmas, particularly, in choosing between sanctity of life and quality of life as the survival of one twin threatens the life of the other. In certain circumstances, separation may not lead to the demise of the other but may cause severe harm to the other or a possible hazard to at least one twin’s cognitive outcome. Nevertheless, in spite of their physical attachment, the twins are legally and morally distinct and are different individuals with competing needs and interests. Legal issues arising from the separation of conjoined twins such as criminal liability, parental autonomy and the determination of the “best interests” criterion has been the subject of much debate in courts. Thus, this research paper seeks to discuss the legal and ethical issues arising from the separation of conjoined twins from the common law and shari’ah perspectives. International Institute of Islamic Civilisation and Malay World (ISTAC), International Islamic University Malaysia (IIUM) 2018-06-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/64730/1/64730_Separation%20of%20Conjoined%20Twins%20from%20the%20Common%20Law.pdf application/pdf en http://irep.iium.edu.my/64730/7/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_SCOPUS.pdf application/pdf en http://irep.iium.edu.my/64730/8/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_WoS.pdf Jahn Kassim, Puteri Nemie and Alias, Fadhlina (2018) Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum. Al-Shajarah, 23 (1). pp. 67-96. ISSN 1394-6870 http://journals.iium.edu.my/shajarah/index.php/shaj/article/view/669
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Jahn Kassim, Puteri Nemie Alias, Fadhlina Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
description	The birth of conjoined twins is a comparatively rare event, constituting 1 in 100,000 births. Being a product of a single fertilised egg, these twins are believed to be the result of an incomplete division of embryo, which inhibits complete development of various organ systems. As a result, they usually suffer from physical malformation manifested in for instance, conjoined hearts, lungs, livers, limbs or even genito-urinary tracts. Thus, their chronic medical condition tends to require surgical intervention. However, separating them triggers a plethora of legal and ethical issues as separation may involve the possibility of sacrificing one twin if they are sharing organs. This inevitably creates a range of ethical dilemmas, particularly, in choosing between sanctity of life and quality of life as the survival of one twin threatens the life of the other. In certain circumstances, separation may not lead to the demise of the other but may cause severe harm to the other or a possible hazard to at least one twin’s cognitive outcome. Nevertheless, in spite of their physical attachment, the twins are legally and morally distinct and are different individuals with competing needs and interests. Legal issues arising from the separation of conjoined twins such as criminal liability, parental autonomy and the determination of the “best interests” criterion has been the subject of much debate in courts. Thus, this research paper seeks to discuss the legal and ethical issues arising from the separation of conjoined twins from the common law and 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	Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
title_short	Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
title_full	Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
title_fullStr	Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
title_full_unstemmed	Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum
title_sort	separation of conjoined twins from the common law and shari'ah perspectives: the legal and ethical conundrum
publisher	International Institute of Islamic Civilisation and Malay World (ISTAC), International Islamic University Malaysia (IIUM)
publishDate	2018
url	http://irep.iium.edu.my/64730/ http://irep.iium.edu.my/64730/ http://irep.iium.edu.my/64730/1/64730_Separation%20of%20Conjoined%20Twins%20from%20the%20Common%20Law.pdf http://irep.iium.edu.my/64730/7/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_SCOPUS.pdf http://irep.iium.edu.my/64730/8/64730_Separation%20of%20conjoined%20twins%20from%20the%20common%20law%20and%20Shari%27ah%20perspectives_WoS.pdf
first_indexed	2023-09-18T21:31:51Z
last_indexed	2023-09-18T21:31:51Z
_version_	1777412563742490624

Separation of conjoined twins from the common law and Shari'ah perspectives: the legal and ethical conundrum

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