Muslim conception of dying and death: an ethico-legal analysis in the context of medical definition of death

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.

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Abstract

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.

Item Type:	Article (Journal)
Additional Information:	3049/63635
Uncontrolled Keywords:	Muslim conception, dying, detah, ethico-legal analy
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fundamental and Inter-Disciplinary Studies (Effective: 5th Feb 2014)
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	22 May 2018 15:48
Last Modified:	29 Oct 2018 12:07
URI:	http://irep.iium.edu.my/id/eprint/63635

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