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The Legality of Euthanasia in Islamic Law

Malaysian Islamic Legal System (Universiti Teknologi MARA)

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TOPIC:
THE LEGALITY OF EUTHANASIA IN THE ASPECT OF MAQASID SYARIAH

TABLE OF CONTENTS

1. INTRODUCTION……………………………………………………………………….2

2. THE HISTORY OF EUTHANASIA………………………………………………… 4

3. LEGAL PERSPECTIVE 5

3.1 Human Rights’ Perspective ………………………………………………………5

3.2 Legal Position of Euthanasia in Malaysia…………………………………….. 6

3.3 Legal Position of Euthanasia in English Law…………………………………. 7

4. SHARIAH LAW PERSPECTIVE 9

5. ANSWER TO FINAL YEAR QUESTION (FYQ) 12

6. REFERENCES 21

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1.0 INTRODUCTION
Euthanasia is an act of ending life intentionally to relieve pain and suffering. Euthanasia is
usually performed by doctors if they are requested by patients who suffered terminal illness and
in a lot of pain. These patients see no purpose in continuing to live and therefore express an
urgent desire to be “let go” There are several types of euthanasia.

The first type of euthanasia is active and passive euthanasia. Active euthanasia can cause
a patient to face a direct and on purpose death. Patients who is killed by active euthanasia has
been given a lethal dose of a sedative. However, passive euthanasia give a different effect
towards human body as it does not directly lead to death. Sedative is not used in this case as
doctors will prescribe high doses of pain-killing medication which will result in toxicity. Besides,
the action of withholding or restricting life-supporting treatments which will fasten someone’s
death. Two treatments can be done such as withdrawing treatment and withholding treatment.
Switching off a machine that when a patient is still alive is called withdrawing treatment while
not performing surgery which can save one’s life for a short period of time is known as
withholding treatment.1

Next, voluntary and involuntary euthanasia is the second type of euthanasia. Voluntary
euthanasia is when a patient requested to end their life. Consent and explanation must be
provided so that they understand the process and procedure. There are few cases which
considered as voluntary euthanasia such as when the person is refusing to eat, asking for medical
treatment or life machines to be stopped and refusing burdensome medical treatment. However,
non-voluntary euthanasia is usually done in a situation when someone is unconscious and unable
to make significant decision between living and dying. For instance, a young baby, a person with
low intelligence or someone who shows no sign of brain activity. Someone else such as family
members will make decisions on their behalf from a law perspective.

Furthermore, there is also a method called physician-assisted suicide (PAS). In this

method, patients will get assistance from doctors to die through consumption of drugs such as a
lethal dose of opioids prescribed by the doctor. It totally depends on the person whether they

1 Malik, Euthanasia: Islamic Perspective, 230

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want to take it or not. There is not much difference between this method and euthanasia as a
doctor help to end a person’s life and the legality of Euthanasia and PAS is being hotly debated.
Laws about euthanasia and PAS are not the same in each states and countries.

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2.0 THE HISTORY OF EUTHANASIA

The history of euthanasia perhaps started during the ancient Greek times where most of the
philosophers in that time agreed that sickness and disease was enough to justify someone for
committing suicide. Therefore, it is reported that the use of euthanasia was embraced by most of
the philosophers during the ancient time.

Stoic was the first philosopher to accept suicide on basis of illness and disease in which
such illnesses and diseases disallowed a person to live a natural life. Even after the conquest of
the Roman, Stoic philosophy and principle on death is still applicable . Under the Roman law,
suicide is acceptable on the basis of insanity, when the patient suffered from incurable disease in
which could be resulted to death or a fear of disgrace. Other than these reasons, suicide is not
acceptable and may be punishable.

This principle is said to have existed for centuries, right before the influence of
Christianity came into force. It is expressed by St. Augustine that the act of suicide is a violation
of God’s will as well as the church and the state functions. If someone were to suffer such a
burden, it was the responsibility of the state and humans to carry on with the burden.

Even though, it is clearly stated that suicide is not acceptable in any circumstances, it
does not stop the private society to challenge the religious’ opinion of suicide especially when it
comes to the concept of euthanasia or ‘mercy-killing’ or ‘easy-death’ in which the society
believed that it should be retried. This is because, they believe that euthanasia is different from
suicide since euthanasia can only be done with the assistance of another party. However, it does
not change the facts that both acts were done to end life.

In today’s world, it still can be seen that the position of euthanasia is blurred and
indefinite. Even though, some countries have legalised euthanasia, it is still bound by certain
requirements in which such requirements are vague. This shows that legalising euthanasia is not
easy even with the increased number of movements and human rights’ advocates. It also manifest
the strong influence of religion that bind the society into believing that euthanasia shall not be
committed in any circumstances.

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3.0 LEGAL PERSPECTIVE

3.1 Human Rights’ Perspective

Even though, euthanasia has faced several challenges from many aspects such as its ethical view
in the justice system, the religious belief and the availability of medical appliances and
methodology, the number of movements towards the legalisations of euthanasia seems to have
been increasing. In fact, some countries like United States, Switzerland, Netherlands and
Belgium has pass the laws to legalise euthanasia.

According to the human rights’ advocate, the legality of euthanasia is based on the
principle of ‘mercy’ and ‘self’. The supporters’ view that the quality of life is important and
therefore the patient must be able to choose their course of life and how to end their life. For
example, when the patient is suffering from intolerable and unbearable disease, the patient shall
have the right to be assisted to end his or her life so that he or she could die with dignity.
However, it was argued that if a patient is given such a right, there might be a possibility for the
patient to lose confidence in their doctors and the treatment. Allowing the patient to be
euthanized may also reduce the commitment and ability of the doctors and other medical
practitioners to save lives as well as discouraging the research or attempt made to find a new
cure for any incurable disease. Giving such a right to the patient even with the intention to
uphold the principle of ‘mercy’, the act itself is still deemed wrong and immorale.

Other than that, the argument to legalise euthanasia by the human right’s advocate is that
euthanasia should be prohibited from being charged under criminal law. At some countries,
especially in Islamic countries, euthanasia is no different with murder. The doctors who were
found euthanizing their patient with their consent will be charged with murder and at some point
the doctors may also be liable for manslaughter. Consent is not a defence for murder and the fact
that the act is commited on the basis of ‘mercy killing’ would not change the nature of the act as
a murder. This issue has caused the human rights’ advocate to challenge the law by claiming that
such laws are inconsistent with the freedoms and rights adhered in the Charter of Rights.

As provided in Article 8 of the European Convention which is the right of privacy, it is

stated that a person has the right to be respected for his private life. According to the human

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rights’ advocate, this article could be a defence for euthanasia. It is understood that seeking an
assistant to end life is a private thing which shall not be interfered with by another party. Indeed,
the European Court has recognised that laws preventing individuals from exercising their rights
to end their painful life is considered as an interference with an individual's privacy. However,
this right is not absolute and it will only be qualified if the privacy is in accordance with the law.
As euthanasia is illegal, this right is therefore cannot be used as a defence for euthanasia.

Not only that, it is also proposed by the human rights’ advocate that charging euthanasia
under criminal law is limiting the patient’s right to not be subjected to a cruel and degrading
treatment. As we all know, there are various types of euthanasia and in this case, a patient who is
entitled to a treatment in which the patient may deem it as unreasonable and cruel should be
allowed to proceed with euthanasia. Even though this argument is less plausible, it is argued that
the state has the responsibility and obligation to protect the citizens’ from such treatments.

Even though, there are many reasons to oppose the legalisation of euthanasia, there are
many arguments that can be made to support the legalisation of euthanasia. Therefore, it shows
that, there will always a room for euthanasia to be accepted. In fact some countries who used to
reject the legality of euthanasia, has now made it legal to use it in some cicumstances.

3.2 Legal Position of Euthanasia in Malaysia

The issue of euthanasia has stirred many controversial debates among generations as to the
legality of its usage. The legality of euthanasia in Malaysia obviously due to the fact that human
lives are sacred and the view that it is a gift from God in which ending your own life is
considered disrespectful. This doctrine or principle is not only embedded in Islam but also in
other religion. However, in a country with more than half of an Islamic people population and
the fact that Islam is the religion of the Federation, it is understandable that Islamic perspective
does partially influence the legal framework in our country. Even though, there is no provision
that clearly prescribe the illegality of euthanasia, the act itself has always been defined as
unethical and immoral in the eyes of the society. However, in the modern era, euthanasia has
been widely discussed and debated among the human rights enthusiasts in which according to

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them, passive euthanasia is acceptable and shall be legalise as it is also included in the right of
life of a person.

According to Dr. Ednin Hamzah, the CEO of Hospis Malaysia, any attempt for
euthanasia and assisted suicide must be informed and discussed further as the pre-conditions to
be met. The question that needs to be asked is whether the doctors have done enough to lift the
pain of the patients. There are three reasons in which assisted suicide or euthanasia is justified,
first is unbearable suffering; second is when the patient itself has lost hope and the worth of its
life; third when the patient itself feels that he is a burden to others. In these cases, euthanasia may
be justified but these cases are uncommon. In fact, these cases would imply how bad our
healthcare system is. Therefore, the government, the hospital, doctors and nurses would try their
best to improve their patients’ life so that to avoid the demand for euthanasia from their patient.

In the absence of such legislations, it is the practice of Malaysia to refer to the relevant
authority provided by the English law in order to develop the ethics and laws pertaining to the
use of euthanasia.

3.3 Legal Position of Euthanasia in English Law

Under English law, any act which resulted to the loss of life is considered as a murder and this
also applies to active euthanasia. Active euthanasia referred to the positive act used by doctors or
medical practitioners to end the life of their patient usually by injecting a lethal dose or drugs to
the patient. Even this act is accompanied with the consent by the patient itself, retaliating to the
patient’s request to end his own life is no difference with murder, therefore the motive of the
doctor and the fact that this is a case of ‘mercy killing’ would not change the status of the act as
one of the murder.

In the case of R v Cox, the doctor i.e. Dr. Cox had been convicted for attempted murder
for administering a lethal dose of drug to his patient. It was found out that he had been taking
care of his patient for a long time and was sensitive to his suffering. Even though the act was
done due to his sympathy towards his patient’s suffering, it was perhaps his mistake to think that
acting on a good faith will not make him liable for criminal charges.

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However, in some circumstances, the charge of murder may be reduced to a lesser charge.
For example, when the caretaker is in extreme distress. This, however, must be proved with
medical evidence that the caretaker was suffering from mental illness at the time of the act. In
this sense, a plea for diminished responsibility may be successful hence instead of murder,
culpable homicide and manslaughter is enough. It shall be noted that such requirements are
unlikely to be available for medical practitioners.

For passive euthanasia, the court has different views in which some circumstances and
requirements would permits this act. In order to rule out passive euthanasia, the court adjudicate
that it was for the caretaker (parents, siblings or relatives) of the patients with the doctors to
decide what is best for the patients, obviously with the patient’s point of view as the main
consideration. It is important for each party to consult with each other to decide whether or not to
withdraw or withhold such treatments.

However, the issue arises when it involves an unconscious patient whose life depends on
artificial feeding to survive. In this sense, there is an obligatory duty to provide such basic needs
to the patient i.e. passive euthanasia may not be permissible. In the case of Airedale National
Health Service Trust v Bland, the patient suffered from severe brain injury and was entered into a
persistent vegetative state (PVS). Upon finding out that the patient may not be able to recover,
the hospital sought for legal permission to withdraw the treatment for the patient and was
allowed by the court.

In England, suicide is a crime until Suicide Act 1961 came into force in which this act has
decriminalised suicide. However, it does not permits the act of abetting or assisting suicide
which means that if a doctor responds to the request of his patient to inject certain drugs in which
he as a doctor believed that it could cause death to the patient, the doctor is said to have
committing a criminal offence. Thus, it shows that under English law, active euthanasia is not
permissible and has been considered as a criminal offence as opposed to passive euthanasia in
which some circumstances would allow such an act to be done.

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4.0 SHARIAH LAW PERSPECTIVE

Islam rely on Qur’an and Sunnah as these two are basic sources of Islam. Quran and Sunnah are
referred as guidance on medical treatment. Injunctions and commands which forbid the act of
killing are obviously written in the Quran. However, as for sunnah which defined as a collection
of traditions of Prophet Muhammad SAW. Sunnah provides a variety of comprehensive Islamic
approaches to medication and certain ways of medicinal treatment are not approved. The prophet
said there is no disease created by Allah that has no treatment. This means that every disease has
a cure. In Islam, a disease is a test of one’s faith and expiation of his sins.

Majority of scholars such as Hanafi and Maliki opinionated that medical treatment is
mubah which means permitted. However, al-Qadi, Ibn ‘Aqil and Ibn al-Jawzi who are Shafi’I
jurists stated that it is mustahab (recommended) when there is no certainty which is
advantageous. Placing a dressing on a wound is a treatment which is certain to be beneficial
therefore it is wajib(obligatory). For instance, medication by surgery or drugs does not work
anymore for a patient who suffers cancer if the disease has reached to a point where it has taken
hold of all of the body. This is because the medication will increase pain instead of relieving pain
and subsequently increase expenses of the patient. Thus, based on the opinions of fuqaha (jurists)
pertaining the status and scope of medication is Islam, a patient may choose whether he wants to
consume medications or not in some situations. If consumption of medicine is obviously harmful
to the health of the patient therefore withholding medication is a better choice.

There are three types of euthanasia, active euthanasia, physician-assisted suicide (PAS)
and also passive euthanasia. Based on sunnah, the tradition of Prophet Muhammad, killing
innocent soul is forbidden as murdering a human being is one of the biggest of the great sins (al-
kabair). Besides, in Surah Al-Imran verse 145, Allah forbids suicide, euthanasia (killing by
clinicians) and other types of homicide. In addition, Quran also forbid those who self-destruct
which is a symptom of active euthanasia. Active euthanasia and physician-assisted suicide have
been unanimously forbidden by Muslim scholars as the prohibition is clearly stated in the Quran
and Sunnah.

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“Actions shall be judged according to intentions behind them” is the maxims of Islamic
jurisprudence which applies under passive euthanasia. Passive euthanasia is not about failing to
carry out medical treatment in order to recover but it is for those who die due to diseases. If a
doctor prescribed medications to a terminally ill patient to control the level of pain and
accidentally causes death. Intention of the doctor will be included in the judgement as Islam take
account of intention in judging action regarding sin in Islam.

Based on sunnah and views of jurists, Islam does support medication. The act of
rejecting, withholding, withdrawing and quitting consuming such medications prescribed by
doctors is permitted when medication does not work in curing the patient anymore. Some
scholars opinionated that withdrawing extraordinary treatment is considered as ‘passive
euthanasia’and no distinguished moral between active and passive euthanasia as the result is just
the same in both cases. However, Muslim scholars find that active and passive euthanasia can be
distinguished. Yusuf Al-Qaradawi, one of the muslim scholars, analyzed opinions of Islamic
Scholars on medication and stated that active euthanasia is prohibitted in Islam as the act of the
physician using method such as lethal injection, electric shock and a sharp weapon to end the
patient’s life is similar to the act of killing which is one of the biggest sin in Islam. However,
suspension of medical treatment to satisfy comfort of the patient and the relief of his family
from medical point of view is permissible and recommended in Islam.

In the medical field, there is a term called DNR which stands for ‘Do Not Resuscitate’.
DNR is a medical order written by a doctor where he obstructs health care providers from doing
Cardiopulmonary Resuscitation (CPR) if a patient stops breathing or the patient’s heart stops
beating. Abdul-Aziz bin Abdullah bin Baz and Abdur-Razzaq ‘Afif, one of Muslim scholars,
listed a few cases which allows DNR such as if a person who is sick has been taken to hospital
and dead or if the patient’s condition is not suitable for resuscitation after referred to three
trustworthy specialist doctors for opinions. According to the Council of Islamic Jurisprudence
and Organization, if a patient’s brain function has ceased completely, and his body depends on
life support, it is allowed to be removed. However, it must be confirmed by three specialists that
the cessation of function is irreversible.

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In conclusion, active euthanasia and physician-assisted suicide is prohibited while

passive euthanasia is allowed in Islam after referring to Muslim primary sources and the
resolutions of Muslim jurists.

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PART 2 - ANSWER TO THE RELEVANT FINAL YEAR QUESTION(FYQ)

The issue in this case is whether Shamim’s act to perform euthanasia on Zul is acceptable
from the aspect of Maqasid Syariah and whether he is liable to be sued by Amisha for his action.

Based on the principles of Maqasid Syariah, we can discern the legal Islamic view on
euthanasia and relate it to Shamim’s situation above. Before detailing further, it is important to
note that there are 2 distinct types of euthanasia that should be addressed as both serve their own
different sets of moral consequences. First one is active euthanasia in which the death of the
patient is brought about by an act done by the medical professional. For example, a doctor
prescribes a medication that could kill a person . Passive euthanasia on the other hand is when
death is brought about by an omission. An example would be when a medical professional lets
the patient die even though the professional has the equipment and drugs to save the patient’s
life. There is also another sub-category of euthanasia which involves involuntary and voluntary
which involves whether the consent or will of the patient to be euthanized. In this situation, since
Zul (the patient suffering from cancer) has consented to be euthanized, all elaborations regarding
euthanasia in this paper will only refer to voluntary euthanasia unless it has been specified
otherwise.

Beforehand, it is important to briefly explain what Maqasid Syariah is. Maqasid Syariah
can simply be known as the highest objectives in the rules of Syariah in order to maintain the
functions of every individual and society with the exercise of maslaha or public good in order to
prevent mankind from any sort of action that can bring harm. The primary objective of Islamic
law is the realization of benefit to mankind, concerning their affairs both in this world and the
hereafter. According to Shaykh Muhammad Al-Tahir Ibn Ashur, a great Islamic Scholar, it is
important for the mujtahids not to only understand and be able to interpret the rules of Syariah
but also they have to be able to come up with the solution of the problems faced by Muslims
community under Maqasid Syariah. Generally, Maqasid Syariah as a part of Islamic law brought
all aims in its branches for securing benefit for the people and protecting them against corruption
and evil.

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The objectives of Syariah has been categorized into three categories according to the
‘level of necessities’ by the Muslim jurists with respect to their need and strength. The first one is
Darrurriyyat (necessities). Necessity are essential elements for human being to live in a good
state. The absence of one of these elements may cause harm and disorder towards human life and
could lead to unpleasant end. The examples of necessities include shelter, water, and clothes.
These are essential and dispensable maqasid for the survival and well being of mankind in this
world and their success in the hereafter. There are five fundamental values for preservation and
protection under this maqasid which are din (religion), nafs (life), nasl (dignity and lineage), aql
(intellect/mind) and mal (property). These values are top priority in the context of maqasid
syariah in which these values must be protected and preserved in any circumstances.

The second objective is Hajiyyat (the needs). The needs include marriage, devices for
communication and healthy foods. The purpose of this maqasid is to remove any hardship and
difficulty so that human beings will live with no difficulties with the establishment of ease and
facility. Unlike Daruriyyat, the absence of Hajiyyat does not affect life and death as this maqasid
is the second priority in Maqasid Syariah and it would only lead to hardship to the individual or
society. Even in ibadah, Allah allows the exercise of rukhsah as a legal excuse for humans to be
able to perform ibadah without any difficulty. For instance, a traveller is allowed to shorten and
combine their prayers under the rules of qasr and jamak. Other than that, a pregnant woman may
break her fast during Ramadan if she concerns the health of her baby and qada’ (compensate on a
later day) her fast and pay fidyah.

The lowest in the tier of Maqasid Syariah is Tahsiniyyat which is luxuries or

complementary values. The meaning itself shows that the benefit is to seek perfection and a
comfy lifestyle. Although Islam encourages us to achieve these purposes and to have a better life,
Islam teaches us to pursue these goals in correct manners. Even without Tahsiniyyat, it will not
affect the normal life of human beings and will not cause hardship to them but it might lead to a
life of discomfort. The examples of complementary values are the encouragement of cleanliness,
seeking for halal food and giving charity.

Among these three categories of Maqasid Syariah, Darruriyyat is the only maqasid
that highlighted another five values that must be protected as the essentials of human beings as

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has been mentioned above. A few of these values may be applied to determine the legality of
euthanasia in Islamic Law. The first one being the protection of life is compulsory for every
Muslim to do so as it is not essential but valuable. Human’s life is not completely our own but it
is a sort of necessity given by Allah so that they can obey and exercise the command of Allah.
Everyone is the same in the eyes of Allah regardless of their races, skin tones and status. There is
a reason behind the creation of humankind as what has been explicitly said in Surah Al-Baqarah:
“...Our Lord! not for naught hast You created (all) this! Glory to You! Give us salvation from the
penalty of the fire.”2

The main objective of the creation of humankind and the giving of life by Allah is based
on what Allah has said: “I have only created Jinns and men, that They may serve Me.” 3 The
words ‘serve Me’ show that as a human and His creation we have to obey His command as what
has been highlighted in Quran and Sunnah by performing prayers and other compulsory deeds.
This is another one of the values under Daruriyyat which is the protection of religion. It is
obligatory for Muslims to protect their religion at every cost. The most important part in this is
that he has to be able to fulfill the five Rukun Islam which the basic things that a Muslim must
do. In order to be able to do that, he has to make sure that he is in a good state of health and be
able to perform ibadah properly. This shows how important it is to ensure the protection of life as
this is correlated with religion.

Another value that is highlighted under Daruriyyat is the protection of intellect and
mind as it is a gift from Allah to mankind. Having intellect is what differs us humans and
animals. This shows that a role as a mankind in this world is not just for the purpose of having
fun with the luxuries in this world all the time but to think and explore the creation of Allah in
this world. It would also allow mankind to expand their wisdom and learn various kinds of
knowledge such as engineering and medicine to show how grateful we are with the grace of
mind. The encouragement to expand the wisdom is specified in the Quran whereby it states:
“Proclaim ! (or Read !) in the name Of Your Lord and Cherisher, Who created—” 4 This is
important as by keeping the health of our own intellect as a human we can do many good deeds
such as sedekah and can contribute to improve the life of the society to become a desired

2 Al-Quran 2:191
3 Al-Quran 51:56
4 Al-Quran 96:1

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community specified in Quran. Therefore, Allah prohibits liquor, drugs and any similar material
that can affect the mind for humans to be able to think and distinguish both good and bad deeds.

Syariah really emphasizes when it comes to protection of dignity and lineage. It is

established based on a good moral of the individual. The Prophet Muhammad ordained: “I was
revealed to perfect the morals of the people.” Literally, every command and prohibition revealed
by Allah in both Quran and Sunnah are all for the sake of protecting human’s dignity and morals
for both men and women. For instance, the command to perform prayers and fast during
Ramadan are all to train and educate the morals of people if it was done with the proper
sequences. With all of these commands by Allah, it was crystal clear why humans must properly
perform it as this would prevent them from involving in humiliating activities such illegal
intercourse, stealing and telling lies. The Quran has specified the prohibition of such activities:
“Nor come nigh to adultery : For it is a shameful (deed) And an evil, opening the road (To other
evils).”5 Hence, it is important to follow Allah’s command so that we can protect our dignity as
well as the lineage.

Protecting and possessing property is part of the objectives of Maqasid Syariah that it
falls under Daruriyyat as well. It would be undeniable to say that a human’s life will not
completely be perfect without property to enjoy as this part of human’s nature. Knowing this, the
Syariah has underlined the rules and law with regard to owning property. The scope of rules
cover from the owning, domination, and spending of the property to make sure that every
activity is aligned according to Syariah. For example, one must not steal another's property
without the owner’s permission or otherwise their hands may be amputated under the law of
hudud. This is specified in the Quran which states: “As to the thief male or female cutting off his
or her hands: a punishment by way of example from God for their crime: and God is Exalted in
Power.”6 The Quran also highlighted on how individuals should spend their property: “And
spend of your substance in the cause of God and make not your own hands contribute to your
destruction but do good; for God loveth those who do good.”7 A good example on how to spend
the property is to pay zakat, especially zakat fitrah, a zakat that is compulsory for every capable
Muslims to pay during Ramadan.

5 Al-Quran 17:32
6 Al-Quran 5:38
7 Al-Quran 2:195

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Based on the earlier 3 principles of the protection of life, religion and mind, we can
deduce that euthanasia violates these principles which implies that euthnasia should not have
been done on Zul by Shamim. Euthanasia violates God’s right as the only almighty being having
authority over life and death of Zul which is a direct blasphemy to the principles of protection if
life under darruriyat and with this violation, the values of protection of religion and mind would
also be adversely affected. As Zul was euthanized (die), Zul lost both mind and the ability to
practice religion which violates the values of protection of religion and mind specified under
daruriyyat. Detailing further, let’s elaborate further based on the 2 types of euthanasia
(active/passive).

In regards to active euthanasia, Islamic law rejects it outrightly. This is because Islamic
values include life and its taking of and giving off as a right that is solely owned by Allah, the
one true God of the Islamic faith. Hence, life is seen as sacred and much of Islamic tradition and
law prioritizes the protection and maintenance of life. No matter how evil Zul was, his life is still
sacred as his life comes from God. From that, we can deduce that this concept of sanctity of life
will form the substratum of this paper’s elaborations.

The importance of this principle has been mentioned and emphasized numerous times in
the Al-Qur’an and Hadith of the Prophet Muhammad, where it is ordained that life and death are
strict and exclusive prerogatives that belong to God and that life cannot be taken away except by
His Will. For example, verses such as in Surah Al-Nahl 8, “And when their term has come, they
will not remain behind an hour, nor will they precede [it]”; and in Surah Ali ‘Imran 9 “And it is
not [possible] for one to die except by permission of Allah at a decree determined”. Accordingly,
it is forbidden for anyone to deliberately end a life, either his own or that of another; to
intentionally commit any act which threatens and violates the sanctity of is to blatantly defy the
will of God and place the wrongdoer in grave sin. This is stated in the Al-Qur’an in the following
verses: “Do not take life, which Allah made sacred, other than in the course of justice” 10 and
“Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain
mankind entirely. And whoever saves one - it is as if he had saved mankind entirely.”11

8 Al-Quran 16:61
9 Al-Quran 3:145
10 Al-Quran 17:33
11 Al-Quran 5:32

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This view is also supported in several Hadith of Prophet Muhammad (peace be upon
him). The absolute prohibition and severity of consequences upon committing suicide and
murder are illustrated in the following narrations. Thabit bin Ad-Dahhak narrated that the
Prophet (peace be upon him) said, “…And whoever commits suicide with piece of iron will be
punished with the same piece of iron in the Hell Fire.” Jundab also narrated in the same hadith
that the Prophet (peace be upon him) said, “A man was inflicted with wounds and he committed
suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise
for him”; and Anas narrated from the Prophet (peace be upon him) about the major sins. He (the
Prophet peace be upon him) observed: “Associating anyone with Allah, disobedience to parents,
killing a person and false utterance. In other terms, euthanasia is basically suicide (killing of
oneself) but assisted by a medical proffesional. Relating to Zul’s situation, his suicide assisted by
Syamim which is euthanasia in a nutshell, is a grave sin in Islam (haram) which is unforgivable
by God no matter in how much pain Zul is in. Instead, in the Islamic view, Zul should have
sought forgiveness from God for his dark past in the time God has given him.

Accordingly, it will be of no surprise that the Jabatan Agama Islam Selangor and all the
other states of Malaysia support it, released a fatwa back in 27 December 2012 which was issued
at the 97th Discourse of the National Fatwa Committee for Islamic Affairs Malaysia (“National
Fatwa Committee”) that details the illegality of euthanasia in which the organisation stated that it
is haram to commit euthanasia or mercy killing because any act to end life whether through the
use of active drugs or the omission of such drugs or any life saving procedures is an act of
murder. This was an effort to clarify the issue among Muslims in Malaysia and also serves to
establish euthanasia as being against the Code of Medical Ethics in Malaysia. Thus, all forms of
active euthanasia, be it voluntary, non-voluntary or involuntary are strictly prohibited in Islam.

Islam holds life as the most highest and sacred, regarding it as a gift from God that must
be treated with the highest respect and in turn this rule also includes the forbiding of inflicting
harm and intentional killing of a person. Hence, the commision of suicide and murder are major
sins which are heavily punished in this world and the hereafter. This is why the Islamic Code of
Medical Ethics which was endorsed at the First International Conference on Islamic Medicine

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held in Kuwait in 198112, clearly upholds the principle of sanctity of life and the prohibition on
active euthanasia. One of the views that were established under this conference is that “the
physician should firmly know that ‘life’ is God’s awarded only by Him and that ‘Death’ is the
conclusion of one life and the beginning of another. Death is a solid truth, and it is the end of all
but God. In his profession the Physician is a soldier for “Life,” only defending and preserving it
as best as it can be, to the best of his ability.” In the part dealing with “The Sanctity of Human
Life'', it is strictly mentioned that “a doctor shall not take away a life even when motivated by
mercy” and “in any case, the Doctor shall not take a positive measure to terminate the patient’s
life.” In this case, Shamim who has decided to respond to Zul’s request to euthanize him has
basically committed a murder and violates the Islamic law in which he may be liable for criminal
charges.

Then you might have asked, what about passive euthanasia? What if Shamim instead
decided to omit from giving life support to Zul in order to euthanize him. In regards to passive
euthanasia, the same principles would also apply and is seen as also a breach of conduct for an
Islamic doctor. Saving of a life is regarded as one of the greatest deeds in Islam as is provided in
Surah Al-Ma’idah13. Thus the profession of a doctor is a very noble profession in Islam. Doctors
are expected to do everything and anything they can to prevent a premature death but then again
this does not come at all costs. When death is inevitable and medical treatment is obviously
futile, it ceases to be mandatory14. The beauty of this is that Islam aknowldeges the weakness of
humans as there are times in which human beings need to recognise their own limits and let
nature take its course but at the same time it does not fall into nihilism in which doctors are
allowed to simply neglect those patients who are on the brink of death. However, it is important
to note that the act of preserving life does not imply human ability to delay or prolong an
individual’s life-span, as those are the prerogatives of God alone. Hence, resorting to futile
treatment in order to delay death is not acceptable in Islam. By applying to the present case,
Shamim is obligated to proceed with the treatments and medications for Zul until his last breath.
And by withdrawing the treatments and medications needed by Zul, Shamim has been said to
violate his medical duty as a doctor.

12(ICME, 1981)
13 Al-Quran 5:32
14 (Faroque A. Khan, 2002)

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The above position is embodied in the aforementioned 1981 Code: “In his defence of
Life, however, the Doctor is well advised to realize his limit and not transgress it. If it is
scientifically certain that life cannot be restored, then it is futile to diligently keep on the
vegetative state of the patient by heroic means of animation or preserve him by deep-freezing or
other artificial methods. It is the process of life that the Doctor aims to maintain and not the
process of dying. To understand these principles better, we may look into known authorities on
the subject.

Authorities that would support this would be those according to Yusuf Qaradawi, a well
known contemporary Islamic jurist, in which he states that it is lawful to withdraw life support
from patients suffering from brain death15. Take away these machines and death would be
inevitable for such patients and thus the function of the machines would be to merely prolong the
process of death. Furthermore, since such machines are expensive and scarce, it would not be
possible to provide them to all patients. Thus, such treatment should be given to those who have
a better prospect of recovery rather than to those whose deaths are inevitable. What this entails is
that some forms of omissions are not considered to be illegal in Islamic Law.

This view is also adopted by the National Fatwa Committee of Malaysia, where it is
stated that in situations where medical experts have confirmed that the heart and/or brain of the
patient have irreversibly ceased to function, and it is verified that the patient has no hope of
living, and is fully dependent on a ventilator, the Discourse has decided that the act of
withdrawing the ventilator is allowed in Islam, as the death of the patient has been confirmed by
medical experts and there is no longer need for any further treatment16.

Thus, from an Islamic viewpoint, it is theoretically permissible for a Shamim to withhold

or withdraw futile therapy from a terminally ill Zul. Zul was suffering from cancer, a disease
with a high fatality rate. Zul’s chances of living were slim. However, Zul was not brain dead and
also still had time before dying from cancer. Shamim is only permissible to omit from preserving
15 (al-Qaradawi, 1993, 527-529)
16 The National Fatwa Council for Islamic Religious Affairs Malaysia, “The Ruling on Euthanasia or Mercy
Killing,” E-Fatwa: Malaysia’s Official Fatwa Portal, 2011, http://www.e-fatwa.gov.my/fatwa-kebangsaan/hukum-
eutanasia-atau-mercy-killing.

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Zul’s life if Zul was confirmed to only be able to continue living if he was on medical support. In
other terms, Zul’s continued life relied on the machines. Only in that case is Shahmim allowed to
omit medical help and such medical actions are therefore not considered to be a prohibited
practice of euthanasia.

Based on the discussion above, it is crystal clear that euthanasia in any form is in direct
violation of the Maqasid Syariah while some omissions of which are not considered euthnasia is
subjected to strict requirements. This shows the importance of preserving life in Islam.

In conclusion, it can be agreed that Zul has violates the principle of sanctity of life by
requesting to Shamim to end his life while Shamim also has violates the Islamic law which
prohibits euthanasia by responding to Zul’s request as well as his medical duty as a doctor .
Therefore, Shamim can be sued by Amisha for his action towards Zul.

REFERENCES

Al-Qaradawi, Y. (1993). Fatawa Mu’asirah (al-Tab'ah 11 ed., Vol. 2). Qahirah : Dar al-
Qalam lil-Nashr.

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Faroque A. Khan. (2002). Religious Teachings and Reflections on Advance Directive -

Religious Values and Legal Dilemmas in Bioethics: An Islamic Perspective. Fordham
Urban Law Journal, 30(1), 267-275.
Islamic Code of Medical Ethics (First International Conference on Islamic Medicine
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Maqasid al-Shari'ah. (n.d.). Institute of Islamic Banking and Insurance (IIBI).
https://www.islamic-banking.com/moral-oath/maqasid-al-shariah
Maqasid Shariah. (n.d.). Kuwait Finance House.
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THE OBJECTIVES OF ISLAMIC LAW (MAQASID AL-SHARI’AH). (n.d.). Islamic
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Umar Mukhtar. (2016, February 2). IRSYAD AL-FATWA SERIES 100: IS BRAIN DEATH
CONSIDERED AS DEAD? Mufti of Federal Territory.
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Ayuba, M. (2016). EUTHANASIA: A MUSLIM’S PERSPECTIVE. Scriptura: Journal for

Biblical, Theological and Contextual Hermeneutics, 115, 1-13. Doi: https://doi.org/10.7833/115-

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BBC (Ed.). (2014). Ethics of euthanasia - introduction.

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Shala, D. I. (2016). The Debate Over Euthanasia and Human Rights. Euthanasia as a human

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