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The equation of brain death with legal death in Islamic law: a critical appraisal

Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas (2018) The equation of brain death with legal death in Islamic law: a critical appraisal. Journal of Religious Studies, 1 (2). pp. 1-15. ISSN 2614-6496

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Abstract

Brain death as the modern medical criterion of death while a welcoming development for the twin purposes of saving medical cost and serving the demand for organ procurement is still a controversial subject in the field of Bioethics. The reason is that its scientific credibility in terms of conclusiveness of the termination of life of the whole body system is far from settled. Similarly, its compatibility with Islamic notion of death and its unique metaphysical criterion of the separation of the soul from human body is a debatable topic among the Muslim legists. In the Muslim debate what concerns us is the question of equating brain death to legal death. The most central issue during the juristic discourse was as to whether brain death is a definitive indicator that the soul has left the body. The answer was divergent but with minimum discourse on both theological and scientific dimensions of the issue. Accordingly, this paper argues that interrogating the issue from scientific dimension would have resulted in a more informed verdict on the issue.

Item Type: Article (Journal)
Additional Information: 3049/68851
Uncontrolled Keywords: brain death, equation, legal death, Muslim Fatwa
Subjects: K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP1468 Social laws and legislation
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP524 Aḥwāl shakhṣīyah
Kulliyyahs/Centres/Divisions/Institutes: 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: 03 Jan 2019 16:32
Last Modified: 10 Jul 2019 15:29
URI: http://irep.iium.edu.my/id/eprint/68851

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