MALAYSIAN ISLAMIC LEGAL SYSTEM (LAW499)
ASSESSMENT 1
GROUP 5
MDM. SU’AIDA DATO’ HJ. SAFEI
NO. NAME STUDENT ID GROUP
1. INTAN NADHIRAH IDAYU BINTI ISHAK 2019728563 LWB02I
2. NUR ALIS AIMAN BINTI KHAIRUL ANUAR 2019810788 LWB02I
3. NURUL AISYAH BINTI MOHD NOR 2019811076 LWB02I
4. NURUL ANIS SYAZANA BINTI NOR AZIZ 2019810986 LWB02I
HASHIM
PAST YEAR QUESTION
The issue is whether the act of Shamim carrying out the euthanasia to Zul is legal from
the Islamic perspective?
The primary objective of Shariah is the realization of benefit of the people concerning
their affairs in life and hereafter. It is generally held that the Shariah in all of its parts aims at
securing a benefit and protecting them from corruption and evil. Surah al-Anbiya’ : 107
explained the main objectives of Shari’ah, “And we have sent you (O Muhammad S.A.W) not
but as a mercy for the ‘alamin (mankind, jinns and all that exists).”. In explaining the verse, Ibn
Qayyim al-Jawziyyah explains that the Shari’ah aims at safeguarding people’s interest and to
prevent harm from them in this world. The objectives of Shariah can be divided into three which
are the ‘Daruriyyat’ (essentials), ‘Hajiyyat’ (complementary) and the ‘Tahsiniyyat’
(embellishments). The five fundamental values fall under Daruriyyat.
The first value is protection of al-Din (religion). According to Surah al-Imran : 19,
Islam is the religion before Allah, making it a must for every Muslim to protect it at all cost. It is
obligatory for Muslim to protect his religion at personal level and in wider scope. Through
personal level, it can be achieved by performing all kinds of ‘ibadah such as performing the five
prayers, fasting, paying of zakah and performing hajj. Quran has pointed out that performing
prayers will save a person from evil as in Surah al-‘Ankabut : 45 which states “...and perform
al-salat (the prayers). Verily, al-salat prevents from al-fahsha (great sins) and al-munkar
(disbelief and every kind of wicked deed).”. Executing all these rituals will increase the iman of a
person and will therefore be a shield to protect the person from committing sin. Wider scope on
the other hand involves defending Islamic faith when it is attacked by enemies of Islam. As a
Muslim, we should respect non-Muslim community as long as they are willing to respect us.
However, we should not be bold in letting them decides on how we should deal in our Muslim
community. If the situation demands waging of war with the enemy of Islam, then it should be
done for the sake of protecting Islam from being destroyed by others. Allah has enacted the law
of jihad and commanded the Muslims to defend their faith as in Surah al-Baqarah : 190 which
states “And fight in the way of Allah those who fight you, but transgress not the limits. Truly,
Allah likes not the transgressors.”.
Second, the protection of al-Nafs (life). Life is essential and valuable to everyone.
Hence, it should be protected under all circumstances. It is the most special gift from Allah and
there is no difference between the life of the rich and poor and between Muslims and non-
Muslims. Protecting everyone’s life is equally important and obligatory to every individual. In
order to protect life, Shari’ah has enacted severe punishment for those who kill innocent people
which is a death penalty. No one could take the life of others in an unjust way. This has been
emphasised in Surah al-Isra’ : 33, “And do not kill anyone which Allah has forbidden, except for
a just cause. And whoever is killed (intentionally with hostility and oppression and not by
mistake), We have given his heir the authority [(to demand Qisas, law of Equality in punishment
or to forgive, or to take diya (blood money)]. But let him not exceed limits in the matter of taking
life. Verily he is helped (by the Islamic law).”. Besides, killing unjustly will cause us troubles in
hereafter. Prophet Muhammad S.A.W in a hadith, “When two Muslims meet with their sword,
fighting with each other in anguish, both of them will be in the hell fire.”. Other than that, the
ultimate life that Allah forbids aggression upon is the person’s own life. Muslims who committed
suicide or self-harming will be subjected to harsh penalties. Prophet Muhammad S.A.W in a
hadith stated that “Whosoever jump from a mountain, drinks poison (with the intention of killing
him / herself) will be in the hell fire forever. Whosoever kills him / herself with a piece of iron, he
will continuously do the same to him / herself in the hereafter, while he / she in the hell fire and
remain forever.”.
Third, the protection of al-‘Ird (dignity / lineage). Good lineage will prevent problems
in your future generations. Hence, dignity and lineage must be protected. In order to protect
lineage, marriage must be done lawfully according to shariah. If it is not done according to
shariah, the children will be born out of wedlock. This will create a problem in the future if the
child wants to be solemnized with their father as the wali. Protection of dignity includes the
protection of individual rights to privacy and not accusing others of misbehaviours. Accusing
falsely and without any evidence is a sin. This has been emphasised in Surah al-Nur : 4, “each
accusation must be supported with evidences otherwise they will be punished with 80 lashes for
false accusation”. Relationship between males and females must also be done in a respectful
way. Free mixing between the two sexes is disallowed. Only married couples are allowed to
touch each other out of love. Touching before marriage is committing adultery and it will destroy
our dignity. Prophet Muhammad S.A.W in a hadith stated that it is better for those who have
desires to get married, to do so quickly, and for those who are unable to do so, he shall fast as it
is a protection for him. Such prohibition will prevent one from committing adultery. This has also
been illustrated in Surah al-Nur : 2, “Allah says that unmarried couples who commit adultery will
be punished with 100 lashes. As for the punishment of married person who commits adultery is
being stoned to death as seen in the Hadith by Prophet Muhammad SAW”.
Fourth is the protection of al-‘Aql (mind). The intellect is a great gift from Allah to
mankind. This is one of the human capabilities that differentiates us from animals. Allah gives us
the ability to think rationally as in the Quran and He asks us to think and ponder about His
creation. Everyone should protect their mind by utilizing it for the benefit of all and not for evil or
destruction. Islam has given freedom for its followers to express their views and to tolerate the
differences in opinion. However, the expression of opinion must conform with the moral and
ethical values that are provided by Qur’an and sunnah. Al-Aql also means the protection of mind
which requires safeguarding it from anything that can harm the ability and the function of the
brain. To protect intellect, one must not consume anything that can harm the brain such as
drinking liquor or any similar substance that will disturb the function of the brain. This has been
stated in Surah al-Ma’idah : 90, “Intoxicants (in all forms), gambling, al-ansab and al- azlam are
an abomination of Shaitan’s handiwork. So avoid them (strictly all) in order that you may be
successful.”. The punishment for drinking liquor is 80 lashes. This was provided in a hadith
which says that when Abdul al-Rahman b. Auf was asked about the possible amount of lashing
for those who drink liquor. He answered it to be the mildest punishment which leads Umar to fix
the lashes as 80 stripes.
Lastly is the protection of al-Mal (property). Acquiring properties is one of the
necessities of mankind. Everyone has their own property and would like to have all the
necessary protection. No one should transgress and acquire the property of others without
legitimate reasons and without proper contract. In Surah al-Baqarah : 188, “And eat up not
another’s property unjustly (in any illegal way such as stealing or robbing), nor give bribery to
the rulers (judges before presenting your cases) that you may knowingly eat up a part of the
property of others sinfully.”. Qur’an has warned severe punishment on the Day of Judgment
against those who acquire the property of others unlawfully as stated in Surah an-Nisa : 10,
“that those who unjustly take the orphans’ property will be put in the hell fire.”. There are several
ways of acquiring other’s property illegitimately such as through riba, cheating in transactions
and breaking the trust in matters related to property and Islam has imposed punishment for
those who steal from other which by way of chopping off the hand of the thief. In Surah
al-Maidah : 38, “Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a
recompense for that which they committed, a punishment by way of example from Allah. And
Allah is All Powerful, All Wise.”. By having this stern punishment, it will deter others from doing
it.
In applying to the present case, Zul had been diagnosed with a late-stage tumour in the
parotid gland. Zul had surgery and radiation therapy but the pain did not go away. The pain was
ongoing despite trials of multiple medications. None of the pain medications gave him any relief.
Shamim, the surgeon, has tried everything she could, but still it did not help Zul. Hence, Zul’s
mother asks Shamim to euthanize her son as she has no courage to watch his son suffer. The
legality of euthanasia from Islamic view can be seen from the view of Pejabat Mufti Wilayah
Persekutuan, where it has been stated that the original law of euthanasia is not allowed. This is
because it remains under the category of killings for no good reason and is considered a cruelty.
However, brain death is a legitimate death and can be revoked as a result of being considered
dead. This also indicates the need to leave treatment under certain circumstances. The decision
to say that someone with a brain haemorrhage should be made by two doctors who are just
experts in their field. This must also be done after thorough research with very strict conditions,
until it can be confirmed that the patient is dead. According to the Maqasid Shari’ah under
protection of religion, Allah S.W.T obligated the community to protect religion, to ease the
means of practicing it. Thus, we must prevent everything that leads to disobedience and
disbelieving. This applies in euthanasia where the power to heal is not within the hands of a
doctor but it is in the hands of Allah (qada’ and qadar). The belief in qada’ and qadar means to
believe without doubt that Allah knows everything, that He programmed everything in
pre-eternity and that Allah creates things based on program when their time is due. Even when
it seems impossible for a person to be saved, nothing is certain until they have officially been
declared dead through natural manners. In the event that a miracle happens, the sick patient
can be given another chance at life and repent. In Zul’s situation, he is not having a brain death.
It is just, none of the medications and therapy work on him or can cure him. However, a miracle
may happen one day where Allah could grant cure for his sickness. Hence, he should be strong
and stay alive. He could even use this opportunity to repent and seek forgiveness from Allah for
all the sins that he has committed in the past like raping a girl and buried the baby alive. For
Maqasid Shari’ah under the protection of life, Shari’ah has enacted harsh punishment for
those who kill others to protect life. In euthanasia, permitting this action would be equivalent to
taking a person’s life. Muslim scholars have unanimously prohibited euthanasia because it is
prohibited by the injunctions of Qur’an and sunnah. Speeding up someone’s death when they
are terminally ill and have no cure is an act of evil. This is because, matter of death is not within
the hands of human beings. However, it is in the hands of Allah S.W.T.
In conclusion, the act of Shamim carrying out the euthanasia to Zul is illegal from Islamic
perspective. Euthanasia is strictly forbidden in Islam as it involves taking one’s life with or
without their permission which should only be done by the one and only, Allah S.W.T.
TABLE OF CONTENTS
NO. TITLE PAGE
1. INTRODUCTION 2
2. SCIENTIFIC & HISTORICAL PERSPECTIVE 3-4
3. LEGAL PERSPECTIVE 5-6
4. SHARIAH LAW PERSPECTIVE 7 - 10
5. REFERENCES 11 - 13
1
1. INTRODUCTION
For thousand of years, euthanasia has been one of the biggest ethical and medical
controversial issues. Oxford English Dictionary defines euthanasia as “a gentle and easy death”.
Euthanasia is a broad term for mercy killing, painless killing or taking the life of a hopelessly ill
individual in order to end his or her suffering. Mercy killing is often used to refer to assisted
suicide that is deemed beneficial to the one suffering. Euthanasia was initially practiced for
animals whose sickness was uncurable. In later years, such practice was used for people
whose sickness had no cure. In many countries, such as the United Kingdom (UK), United
States of America (USA) and France, it is illegal and unjustifiable to assist anyone in killing
themselves as it is immoral and violates human rights. However, euthanasia is also said to be
justifiable in some countries such as Switzerland, Netherlands and Canada as human rights
allow everyone the right to freedom and extreme cases should have a choice. The debate is
ongoing and both fight for dignity, autonomy, rights and humaneness. Many euthanasia
discussions lack a clear semantic common ground to serve as a rational starting point. Since
there is no universally agreed upon definition of euthanasia per se, it is essential to clarify its
used with regard to a particular context.
2
2. SCIENTIFIC & HISTORICAL PERSPECTIVE
Euthanasia was derived from the ancient Greek words “eu” and “thanatos” which
conveyed the meaning of good death1. Generally, euthanasia refers to an act that shortens the
suffering of a human being usually a terminally ill person by bringing demise to them.
Euthanasia or also known as mercy killing was conducted by a physician in the name of
compassion to inflict death to an individual upon request by his or her family members2. The
medical professionals normally use euthanasia to treat patients who seem to have no hope of
survival with the consent of the sufferer and his family members.
One of the English philosopher in 1605, Francis Bacon introduced euthanasia in a
modern western culture in his article “Progress of Knowledge”3. He explained in the article that if
the doctors extended their patients’ life, patients and their family will suffer whereas the patients
have zero percent recovery. When the doctors refused to put their patients under euthanasia,
he denies the patient’s right to die and not merely has affected the patients and his family
physically but also emotionally. They must pay for the expensive and time consuming treatment
although the patients will never recover.
In a modern approach, euthanasia is implemented in medicine to treat terminally ill
patients as a support for them in psychological, spiritual and physical terms4. For instance,
patients who suffer from AIDS, Alzheimer’s disease, muscular dystrophy and cancer which have
the lower percentage to recover. The senate of the U.S. State of Ohio, however, did not approve
the law on euthanasia. The House of Lords immediately rejected the bill after Dr. Millard and
Lord Moynihan presented it5. In 1980, the declaration of the “Congregation for the Doctrine of
the Faith” entitled “Declaration of Euthanasia” was published6. The act of killing others should
not be legalized or permitted under any circumstances and excuses even if he is an old person,
suffering from chronic illness, infant or person at the point of death.
1
Vecchio et al. 2012: 185
2
Yousuf and Mohammed Fauzi 2012: 63
3
Vecchio et al. 2012: 185
4
Vecchio et al. 2012: 186
5
Vecchio et al. 2012: 186
6
Vecchio et al. 2012: 186
3
Although a few countries legalised the usage of euthanasia, however, the doctor are
required to obtain the consent from the patient and also his family members. The doctor cannot
perform euthanasia by his own will as every patient has the right to live. In 1974, The World
Medical Association introduced a set of rules to carry out euthanasia, namely, “Nuremberg
Code”7. The law was enacted with the aim of protecting the patient from being experimented
with euthanasia without their approval. If the doctor has failed to acquire the consent, he will be
subjected to criminal law with the intention of killing.
According to Article 5(1) of the Federal Constitution, no person shall be deprived of his
life or personal liberty save in accordance with law8. Based on this article, every person under
the constitution has the right to enjoy their life whereas euthanasia is in fact against the nature
of life and death because it brings death to a person who supposedly able to live a longer life
even though he is terminally ill. In Malaysia, the use of euthanasia intentionally will be subjected
to a murder especially if the doctor did not obtain the approval from the patients as provided in
Section 300 of the Penal Code (Amendment Act, 1989 Act 727)9.
According to the Shari’ah perspective, the act of killing, murder and suicide whether it is
intentional or unintentional is wrong and forbidden in Islam. Islam does not allow people to kill
others or kill themselves even though he has a good intention in killing such as to reduce the
pain that has been suffered. However, euthanasia is permitted in certain circumstances. A
patient who is in vegetative state and merely depends on the support machine to prolong his life
can be put under euthanasia in order to save another life10. It is because the doctors need to
prioritize patients with high chances of recovery rather than continue to provide the machine to a
patient who will never recover.
In conclusion, not every country permitted and legalised euthanasia to be used in
medicine. Although euthanasia can help to alleviate the pains suffered by the patient but it still
contradicts with the norm of life. Hence, Malaysia rejected the idea of using euthanasia to inflict
a merciful death to person except for a reasonable reason.It is because euthanasia can be
associated with murder and it is a major sin in Islam.
7
Vecchio et al. 2012: 187
8
Federal Constitution 2010: 21
9
Ansari, Sambo and Abdulkadir 2012: 678
10
Arif, Jeyasingam, and Chan 2002: 94
4
3. LEGAL PERSPECTIVE
The topic of euthanasia, has generated many contentious discussions, particularly on its
legality. The sole reason of why this issue has been debated is due to the act of killing which
consider the same as murder or homicide. However, prohibiting euthanasia might contradict to
the right to life as protected in most of constitution over the world. Right to life is the essential
civil right and regarded as sanctimonious as stated in international human rights. In some
countries like the Australia, specific legal regulations prohibit proactive euthanasia but in
countries like Malaysia has not yet develop in resolving these issues.
Generally, this topic has remained silent and poorly understood in Malaysia due to the
clash of religion’s belief. To add more, Malaysia has no specific legislation that deals with
euthanasia or assisted-suicide. However, the legality of this matter can be examined through
the existing statutory provisions in the Penal Code, the key piece of legislation which deals with
criminal offences. Definition of euthanasia is used in order to classified whether the action is fall
under criminal offences. According to Dr. Norlee Hazaniza, euthanasia is actually an attempt of
committing suicide but in another form of a beautiful name. It is not in literal sense of killing
himself but the act of Euthanasia itself leads to an act of killing.11 Meanwhile, euthanasia can be
defined as an act or practice of painlessly putting to death persons suffering from painful and
incurable disease or physical disorder or allowing them to die by withholding treatment.12 By
looking at the definition and opinion given, we can simply conclude that any act of killing another
person with consent or not can be charged under Section 299 or 300 of the Penal Code
(Amendment Act, 1989 Act 727) as it amount to murder or culpable homicide.
In the meantime, the jurisdiction in India also outlawed euthanasia and consider it as a
criminal offence. This can be supported by the Indian Penal Code Section 309 where any
attempt of suicide is considered illegal. In the case of P. Rathinam vs. Union of India, the validity
of Section 309 however unconstitutional with right to life.13 But, the later case which has
overruled the decision.14 The matter was immediately referred to the Constitutional Bench of the
Supreme Court of India and held that the right to life referred to in Article 21 of the Constitution
does not include the right to die. Despite the illegality of euthanasia in India, a step towards
11
Nazihah Ayuni, MEDICAL LAW: Should Malaysia Legalize Euthanasia?, 2019
12
Gloria Lotha, Euthanasia: Mercy Killing, 2019
13
P. Rathinam vs. Union of India, 1994(3) SCC 394
14
Gian Kaur vs. State of Punjab, 1996(2) SCC 648
5
legalizing has been taken by the Ministry of Law and Justice which allowing to permit a
terminally ill patient family to request a physician’s assistance suicide that required
consideration by the appointed committee. Other than India, euthanasia is prohibited in the
United Kingdom. Anyone believed to be involved with suicide is considered to have committed
the crime, and may be accused of helping or trying to commit suicide. While two-thirds of the
British agree that it should be legitimate, the recent Assisted Dying for the Terminally Ill Bill was
rejected by the House of Commons in the lower parliamentary chamber. In recent cases, Dr.
Cox is actually the only British doctor accused of attempted euthanasia and was sentenced to a
suspended term of 12 months in 1992.15
The jurisdiction in India and Malaysia has yet differs with the Dutch legislation.
Euthanasia has been legal for over than 15 years in Netherlands. In spite of its legality, any
action intended to terminate one’s life is still in the principle of criminal offence. The Dutch Penal
Code has provided a punishment of 12 years’ imprisonment to any person who takes the life of
another even with his request to die.16 However, the law gives exception to doctor that allow to
carry out assisted suicide or euthanasia. The Dutch Termination of Life on Request and
Assisted Suicide (Review Procedures) Act became effective on 2002 and did not change ever
since but its’ interpretation has increasingly become permissive as number of organization
campaign for a broader interpretation. Precise conditions were established and applied in the
Dutch legislation to allow euthanasia to be performed in order to avoid any infringement or
misconduct of its use.
The legality of euthanasia is different in every country and the obvious reason is
primarily because of the doctrine of sanctity of life, which is prevalent and rooted in universal
principles in many religions. The basic principle is that human life is precious and deserves
protection, since all life comes from God and only through proper legal procedure can it be
purposely carried away. At the end of the day, the act of killing in most countries is still illegal as
it contradicts the right to life.
15
Ahmad Ibrahim,The Right to Die Via Euthanasia: An Expository Study of the Shari‘ah and Laws in Selected
Jurisdictions, 2012, p 677
16
Article 293 of the Dutch Penal Code
6
4. SHARIAH LAW PERSPECTIVE
From the Islamic perspective, the usage of euthanasia has never been clearly
mentioned. However, a few verses in the al-Quran, hadith, and the opinion of jurists mentioned
life being sacred and shall not be ended by humans themselves besides Allah Almighty or if it is
stated in the Shari’ah as a legal punishment for a crime that has been committed.
Local jurists such as Pejabat Mufti Wilayah Persektuan, Jabatan Mufti Negeri Selangor
and Jabatan Kemajuan Islam (JAKIM) have gave their opinion and views regarding the usage of
euthanasia. Jabatan Kemajuan Islam declared that the application euthanasia is forbidden
(haram) in Islam. The decision made by JAKIM was according to Surah an-Nisa verse 92 that
goes “It is not for a believer to kill a believer except by mistake…”17. According to Pejabat Mufti
Wilayah Persekutuan, euthanasia is not allowed because it is categorized the same category
as killing for no good reason and is considered a cruel act. The view given by Jabatan Mufti
Negeri Selangor is the same as the JAKIM and Pejabat Mufti Wilayah Persekutuan.it is illegal
to commit euthanasia to try speed up the death of a person by discontinuing treatment. The act
of killing contradicts with the Will of Allah Almighty.
However, Pejabat Mufti Wilayah Persekutuan and Jabatan Mufti Negeri Selangor states
that euthanasia can be used if the patient is declared brain dead by two doctors expert in that
particular field, done after thorough research with very strict conditions and consent from the
patient’s heir or family members. These decisions are consistent with Surah al-Isra verse 33,
that goes “Do not kill anyone which Allah has forbidden, except for a just cause. And whoever is
killed (intentionally with hostility and not by mistake) we give his heir the authority (to demand
Qisas, Law of Equality in punishment or to forgive, or to take the diya ( blood-money). But let
him not exceed the limits of taking life (i.e he should not kill except the killer only). Verily, he is
helped (by the Islamic law).18
For International fatwas and opinions, Saudi Arabia’s late grand mufti, Sheikh Abdul
Aziz bin Abdullah bin Baz had ruled that the usage of euthanasia is un-Islamic as it was
17
Jabatan Kemajuan Islam Malaysia. (n.d.) Kompilasi Pandangan Hukum
18
airuz Hanani Farahiyah Azman, Nur Syahira Hozami, Nur Syazwani Mohd Rodzhan, Nurul Farhanah Norhan &
F
Siti Nuraishah Narowi, 2015. Guidelines On Terminating Patient's Life Support System Euthanasia Condition Based
On Maqasid Al-Syar'iyyah
7
against Shari’ah to decide the death of a person before he is actually dead. The popular
Egyptian scholar, Sheikh Yusuf al – Qaradawi issued a fatwa stating euthanasia with murder
but withholding the treatment that is deemed useless is permissable19. Former President of the
Islamic Society of North America, Dr Muzzami Siddiqi said,if the patient is on life support, it
may be permissible, with due consideration and care, to decide to switch off the life support
machine and let nature take its own time.20
The International Islamic Code for Medical and Health Ethics[3] clearly prohibits the
usage of active euthanasia and physician-assisted suicide. Article 61 of the code states that
“Human life is sacred, and it should never be wasted except where it is specified in the Shari’ah
law. This question lies completely outside the scope of the medical profession. A physician
should not take part in terminating a patient’s life, even if it is at the guardian’s request, and
even if the reason is severe deformity, a hopeless, incurable disease or pain.21
The opinions and decisions from both local and foreign jurists are consistent with
Maqasid Shari’ah. The objective of Maqasid Al-Shariah is to secure the benefit to the people
and to also protect them from unwanted harm. The main objectives of Maqasid al-Shari’ah can
be divided into three which are ‘Darruriyyat’ (Essentials), ’Hajiyyat’ (Complementary), and
‘Tahsiniyyat’ (Embellishments). In the context of Darruriyat which is also known as essentials,
there are five fundamental values or principles that must be protected during the application of
Maqasid Al-Syariah. The five fundamental principles are the protection of ad-Din (Religion),
protection of al-Nafs (Life), protection of al-Ird (lineage or dignity), protection of al- ‘Aql (The
mind or intellect) and lastly, protection of al-Mal (Property).
The first value of Maqasid Shari’ah is the protection of ad-Din (Religion). In Surah
al-Imran : 1, every Muslim has the obligation to protect Islam as it is the religion in the sight of
Allah S.WT. It Is an obligation for every Muslim to protect his religion both at a personal level
and in a wider scope. Protection of ones’ religion can be done through a personal level by
executing the five prayers, fasting in the month of Ramadhan, payment of zakat, and also
19
Fairuz Hanani Farahiyah Azman, Nur Syahira Hozami, Nur Syazwani Mohd Rodzhan, Nurul Farhanah Norhan &
Siti Nuraishah Narowi, 2015. Guidelines On Terminating Patient's Life Support System Euthanasia Condition Based
On Maqasid Al-Syar'iyyah.
20
Kiarash, A. & Heydar Shadi, 2017. Euthanasia: An Islamic Ethical Perspective. 6th ed. pp.35-38
21
Mohd Zaidi & Norzaidi. Euthanasia in the Light of Sources of Usul al-Fiqh and Maqasid al-Shari’ah
8
performing Hajj.Every human action in a wider sense is also classified as an ibadah. Performing
ibadah will increase and protect the individual’s iman and prevent him from committing sins that
are opposed by his religion as described in Surah al-‘Ankabut : 45. In order to perform and
protect ad-Din, every Muslim would require a good healthy physical body that is capable to carry
out the responsibilities commanded by Allah S.W.T. Thus, medical treatment does somehow
contribute to the protection of ad-Din (Religion). Medical treatment promotes and protects good
health to ensure Muslims have the physical energy to carry out their responsibilities as a Muslim
smoothly and perfectly.
According to Maqasid al-Shari’ah, the usage of euthanasia clearly violates the protection
of ad-Din (Religion) as it is an attempt of a human to violate the divine prerogative of giving and
taking away life. Islam believes that the power to give, take, and bring back life is in the hands of
Allah S.W.T and shall not be determined by human beings. Hence, by practicing euthanasia
clearly is inconsistent with the Islamic beliefs. Terminating the hopeless patient is unacceptable
because we do not know whether the patient may be given another chance at life. Even when it
seems impossible for a person to survive or be cured, miracles could happen as Allah S.W.T is
the Ash Shaafee (The Healer). In the event that a miracle happens, the sick patient may be
given another chance at life and he or she can use this opportunity to repent and seek
forgiveness from Allah.
The second value is the protection of al-Nafs (Life). Islam teaches that the control of
life and death is in Allah’s hands and shall not be manipulated by human beings. Life itself is
considered sacred and valuable thus forbidden to end deliberately. The act of ending one’s life
is seen to have rejected faith in Allah’s divine decree. Life should always be protected at all cost
and no one has the power to take another’s life unjustly except Allah Almighty. This has been
emphasized in Surah al-Isra’ : 33 that goes “Do not kill anyone which Allah has forbidden,
except for a just cause. And whoever is killed (intentionally with hostility and not by mistake) we
give his heir the authority (to demand Qisas, Law of Equality in punishment or to forgive, or to
take the diya ( blood-money). But let him not exceed the limits of taking life (i.e he should not kill
except the killer only). Verily, he is helped (by the Islamic law).
9
According to Maqasid al-Shari’ah, the usage of euthanasia clearly violates the protection
of al-Nafs (Life) as the main purpose of using euthanasia is to end a person’s life. Euthanasia
violates the purpose of preserving and protecting life in Islam as Allah Almighty has requested
us to do. Permitting euthanasia would be equivalent to taking one’s life, and hence this is why
many well-known jurists and scholars such as Pejabat Mufti Wilayah Persekutuan (local
jurist) and also Sheikh Yusuf al – Qaradawi ( foreign jurist) have prohibited the practice of
euthanasia This practice obviously contradicts with Allah’s commands and is seen as rejecting
Allah’s divine decree (qada’ and qadar). This is because, the matter of death is not within the
hands of human beings, but it is in the hands of Allah.
In conclusion, the usage of euthanasia is not encouraged by both local and foreign
jurists as it contradicts with Maqasid Shari’ah specifically in the protection of religion and
protection of life. Hence, contradicting with the Will of Allah Almighty. However, there is an
exception in where euthanaisa is permissible which is when the patient is declared brain dead.
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