The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law
Medical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aim...
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| Format: | Article |
| Language: | English |
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Universitas Muhammadiyah Yogyakarta
2020-11-01
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| Series: | Indonesian Comparative Law Review |
| Subjects: | |
| Online Access: | https://journal.umy.ac.id/index.php/iclr/article/view/10136 |
| _version_ | 1797780132683841536 |
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| author | Syaheera Aina Baharudin |
| author_facet | Syaheera Aina Baharudin |
| author_sort | Syaheera Aina Baharudin |
| collection | DOAJ |
| description | Medical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aims to address the laws governing any medical practitioner’s actions towards medical futility which is likely to result in the death of the patient. It will look into the current laws of four nations namely Malaysia, England, the United States of America and Indonesia, with special consideration towards Islamic Jurisprudence by referring to the opinions of various scholars and jurists. This paper has come into being through the studies of many literary articles, law cases, analyzing related statutes and studying the common practices of the previously stated nations. The paper had reached some fundamental outcomes which are: Malaysia and its mother land England shares similar practice in which withholding and withdrawal of treatment is considered lawful when faced with medical futility. As for the United States of America, some states adopted laws regulating end-of-life decisions, providing guidelines and proper sanctions for non-compliance which is contrary to Indonesia which do not have a specific regulation in dealing with medical futility cases. From the Islamic law perspective, scholars had advised that heavy consideration should be given according to the Maqasid Syariah by adhering to the hierarchy of fiqh of looking after necessities, then needs, and then embellishments. |
| first_indexed | 2024-03-12T23:40:10Z |
| format | Article |
| id | doaj.art-e69271c2a0a4468e86efe2e7a10c110b |
| institution | Directory Open Access Journal |
| issn | 2655-2353 2655-6545 |
| language | English |
| last_indexed | 2024-03-12T23:40:10Z |
| publishDate | 2020-11-01 |
| publisher | Universitas Muhammadiyah Yogyakarta |
| record_format | Article |
| series | Indonesian Comparative Law Review |
| spelling | doaj.art-e69271c2a0a4468e86efe2e7a10c110b2023-07-15T02:23:43ZengUniversitas Muhammadiyah YogyakartaIndonesian Comparative Law Review2655-23532655-65452020-11-012212613410.18196/iclr.22214515The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic LawSyaheera Aina Baharudin0International Islamic University MalaysiaMedical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aims to address the laws governing any medical practitioner’s actions towards medical futility which is likely to result in the death of the patient. It will look into the current laws of four nations namely Malaysia, England, the United States of America and Indonesia, with special consideration towards Islamic Jurisprudence by referring to the opinions of various scholars and jurists. This paper has come into being through the studies of many literary articles, law cases, analyzing related statutes and studying the common practices of the previously stated nations. The paper had reached some fundamental outcomes which are: Malaysia and its mother land England shares similar practice in which withholding and withdrawal of treatment is considered lawful when faced with medical futility. As for the United States of America, some states adopted laws regulating end-of-life decisions, providing guidelines and proper sanctions for non-compliance which is contrary to Indonesia which do not have a specific regulation in dealing with medical futility cases. From the Islamic law perspective, scholars had advised that heavy consideration should be given according to the Maqasid Syariah by adhering to the hierarchy of fiqh of looking after necessities, then needs, and then embellishments.https://journal.umy.ac.id/index.php/iclr/article/view/10136medical futilitycommon lawamerican lawindonesian lawislamic jurisprudence |
| spellingShingle | Syaheera Aina Baharudin The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law Indonesian Comparative Law Review medical futility common law american law indonesian law islamic jurisprudence |
| title | The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law |
| title_full | The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law |
| title_fullStr | The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law |
| title_full_unstemmed | The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law |
| title_short | The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law |
| title_sort | laws in medical futility a comparative study between the malaysian english american indonesian and islamic law |
| topic | medical futility common law american law indonesian law islamic jurisprudence |
| url | https://journal.umy.ac.id/index.php/iclr/article/view/10136 |
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