EUTHANASIA NUR AZREEN ARSHAD

1212454 RAZEENA

RAHUMATHULLAH1216610

NOR AZRAH MOHD SALIM

1217826 HABIBAH HANIM

MOHMED1118968

1.0DEFINITION

1

• Euthanasia basically means mercy killing where it is the act of letting someone, who is terminally ill or who is suffering great pain, to die by way of medication or without it.

2

• Oxford English Dictionary defines euthanasia by incorporating suffering as a necessary condition - “the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma.”

3

• Michael Wreen argued that “the principal thing that distinguishes euthanasia from intentional killing is the agent’s motive: it must be a good motive insofar as the good of the person killed is concerned”

4

• Draper - an agent and a subject; an intention; a causal proximity, such that the actions of the agent lead to the outcome; and an outcome.

5

• Hence, her version of the meaning of euthanasia incorporating the four elements is “must be defined as death that results from the intention of one person to kill another person, using the most gentle and painless means possible, that is motivated solely by the best interests of the person who dies.”

2.0HISTORY

OF EUTHANASIA

Euthanasia comes from the Greek words, ‘eu’ (good) and ‘thanatosis’ (death) and it means “good death”, “gentle and easy death.”

First recorded use of the word euthanasia was by Suetonius, a Roman historian, in his De Vita Caesarum--Divus Augustus (The Lives of the Caesars--The Deified Augustus) to describe the death of Augustus Caesar:

"...while he was asking some newcomers from the city about the daughter of Drusus, who was ill, he suddenly passed away as he was kissing Livia, uttering these last words: "Live mindful of our wedlock, Livia, and farewell," thus blessed with an easy death and such a one as he had always longed for. For almost always, on hearing that anyone had died swiftly and painlessly, he prayed that he and his might have a like euthanasia, for that was the term he was won’t to use

In Mesopotamia, Assyrian physicians forbade euthanasia. Again in the old times incurable patients were drowned in the River Ganges in India.

In ancient Israel, some books wrote that frankincense was given to kill incurable patients.

Jewish society, following the teaching of the Bible and the sixth command "thou shall not kill", had rejected centuries ago every theory on shortening the life of handicapped or disadvantaged people. Judaism considered life to be sacred and equated suicide and euthanasia with murder.

In the Middle Ages in Europe, Christian teaching opposed euthanasia for the same reason as Judaism. Christianity brought more respect to human beings.

Accordingly, every individual has the right to live since God creates human beings and they belong to Him and not themselves. Death is for God to decree, not man. 

Like Judeo-Christian teaching, Islam also teaches that God is the only one who creates and the only one who may take life away

CLASSIFICATION OF EUTHANASIA

Classification of Euthanasia There are two main type of euthanasia: Voluntary Euthanasia Involutary Euthanasia

Active euthanasia

Passive euthanasia

Voluntary Euthanasia

Conducted with the informed consent of the

patient.

Refers to the practice of ending a life in a painless

manner

Physician - Assisted Suicide - an individual(doctor) helps

another person die upon their wanting to do so-also helps for

euthanasia

The term assisted suicide has several different interpretations. Perhaps the most widely used

and accepted is "the intentional hastening of death by a terminally ill patient with assistance from a doctor, relative, or

another person". Some people will insist that something along the lines of "in order relieve

intractable (persistent, unstoppable) suffering" needs to be added to the meaning,

while others insist that "terminally ill patient" already includes that meaning. 

Involuntary euthanasia

Conducted against the will or consent of the patient

Can be made by another person

Considered as crime in legal jurisdictions

Passive Euthanasiapass

iv e- When life-sustaining treatments are suspended.

- Entails the withholding of common treatments, such as antibiotics, necessary for the continuance of life.

Active euthanasia

- Active euthanasia entails the use of lethal substances or forces to kill and is the most controversial means.- Includes life-ending actions conducted by the patient or somebody else.

Euthanasia has been a very debatable and emotive topic for a long time. Based on the latest reports and data, active euthanasia is much more controversial subject than passive euthanasia. Individuals are tightening with religious, moral and ethical and compassionate arguments surrounding the issue.

CASE: Deaf Twins Who Discovered They Were Going Blind And Would Never See Each Other Again Are Euthanized In Belgian Hospital

A pair of identical twins, who were born deaf, has been killed by Belgian doctors after seeking euthanasia when they found out they would also soon go blind. 

WESTERN PERSPECTIVELEGAL STATUS OF EUTHANASIA

WESTERN PERSPECTIVE

Different from Islamic point of viewAcceptable only when real fight with

death begins, or when the sick patient is not capable of any action

3 circumstances when it is applicable

People who were mentally healthy but due to some accident, they lost their consciousness and in case of regaining, they would find themselves in a tragic situation

3rd

People who suffered from unrecoverable mental infirmity and their life became pointless as they had no will to live or to die

2nd

People who were doomed due to an incurable disease or grievous injury and they realized their position and consented to euthanasia

1st

ARGUMENTS

1) Declaration of the Congregation for the Doctrine of the Faith which states directly that: “when a threat of death exists, which cannot be avoided with available means,

one is allowed according to one’s own conscience to refuse treatment which may only bring uncertain and painful extension

of life".

2) It is not considered euthanasia but resignation from persistent treatment.

3) Only a patient suffering from a disease where there are no chances of being cured may petition for this mercy killing

Two main obstacles need to be cleared before legalizing euthanasia: -

1) Consent to death - Sound mind and capable of conducting legal actions (having legal capacity) may give consent to death by way euthanasia. - Consent cannot be expressed under the influence of a threat, mistake or under physical or mental pressure and under the consent of the other party for the sake of appearances.

2) Dignity of human being

- Article 16 of the Civil Code states that: "law guarantees primacy of a human being, prohibiting any kind of violation of his/her dignity and guaranteeing the respect of a human being since the beginning of his/her life”.

Criminal Code allows the implementation of euthanasia on two circumstances.

when a strong motivation pressure on the part of an offender exists and this means really justified reasons for compassion towards the victim,

when “such a situation exists where therapy, often extensive one, only makes agony longer and the patient's pain is more than he/she can stand”.

However, there are no guidelines in determining the physical and mental state of the patient which could justify such great compassion ending in murder. This is where de lege ferenda comes into play.

LEGAL STATUS OF EUTHANASIA

Euthanasia is prohibited in most countries worldwide. Nonetheless, end-of-life debates tend to occur more in North America, Europe, and Australia than they do in Asia, Africa, South America, and the Middle East, although there are exceptions to this trend.

Countries which legalize Euthanasia Belgium Luxemborg The Netherlands

Countries in which Euthanasia is illegal United Kingdom, Spain, Russia, Switzerland, Italy, Canada, Germany, India, Israel

Countries in which the ruling is still unclear - Japan - Colombia

ISLAMIC PERSPECTIVE

LEGAL STATUS OF EUTHANASIA

He creates life…���ا • ـ ي� ش� ش م�و ش� ي� ش� ش�ا ي� م� ت� ـ� ش� �� ش م�� ت م�و �م �ن م� م�� ش! ش" ي# ش�� م$ �� ش ش'ٱل

ش م"' م� ي) ش� ي� م� ش�� ش� شل ) ش+‌ ش, ت�� ي- ش�ا ي� ش'ٱ ش" ـ� ش. �ي ش�ا ي� ش'ٱ ش/ ي� ش�0 ٱل م� م� شل ش1 ش� ش! ش' •(An Nahl: 78)

And He is the one who takes them

ش2 • شو� ش3 ي4 ت" م5 �ش� ش' )‌7� ـ ش�!ل ش9 م�� �:ا ـ ـ� ش� ت; ت$ �� ش ٱل ت ي> ت=ا �ت ش��ا ت=� ش< م�و ش� ش�� س? Aي Bش تل ش شCا ش�ا ش'تEى Fي Bش Gش ش' شIا‌( Bي ت� ت$ۦ ت� ي9 Kم ت+ ش" ت# ش�ا ي� ٱ ش2 شو� ش3 ي4 ت" م5 �ش� ش' شIا Bي ت� ت$ۦ ت� ي9 Kم ش�ا Kي م�, ٱل�ش ت"5 ت� ـ� ش�) ٱل•(Ali Imran: 145)

The belief in Islam is that Allah has Absolute authority over all Creations.

It is forbidden to long for death But due to man’s weak nature, some succumb

to the pain of his injuries, and his suffering is too much to bear

The only option given is to pray to Allah, according to the hadith below

Hadith: It has been narrated on the authority of Anas Ibn Malik (ra) that the Messenger of Allah (saw) said: “None of you shall wish for death on account of an injury which afflicted him… if there is no alternative, let him pray: Oh Allah! Give me life so long as life is good for me and take my life when death is good for me” (Agreed upon)

Hence, the only thing he can do is pray to Allah: whether to grant him life, if it’s what’s best for him, or give him death, if that is also what is best for him

Thus, we can see that death must come naturally

Only Allah has the prerogative to take a life Hence, euthanasia, either active or passive, is

illegal in Islam It is a crime of murder and, in certain

circumstances, considered as committing suicide The punishment in the Akhirah will be severe

Jazakallah khair