Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law

The permissibility and lawfulness of withdrawing and withholding medical treatment has attracted considerable debates and criticisms, as the legal issues are drawn into entering the slippery slope of euthanasia. Proponents of “sanctity of life” views that withdrawing and withholding medical treatme...

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Main Authors:	Jahn Kassim, Puteri Nemie, Omipidan, Bashiru Adeniyi
Format:	Article
Language:	English
Published:	World Association of Medical Law 2010
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/3002/ http://irep.iium.edu.my/3002/ http://irep.iium.edu.my/3002/1/WITHDRAWING_AND_WITHHOLDING_MEDICAL_TREATMENT%5B1%5D.pdf

id	iium-3002
recordtype	eprints
spelling	iium-30022011-09-15T06:48:58Z http://irep.iium.edu.my/3002/ Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law Jahn Kassim, Puteri Nemie Omipidan, Bashiru Adeniyi K Law (General) The permissibility and lawfulness of withdrawing and withholding medical treatment has attracted considerable debates and criticisms, as the legal issues are drawn into entering the slippery slope of euthanasia. Proponents of “sanctity of life” views that withdrawing and withholding medical treatment with knowledge that death would result is still within the sphere of euthanasia, whereas proponents of “quality of life” argue that it is not, as death is not intended. Their arguments maintain that for patients who are totally dependant on machines to ensure the work of some bodily functions, living may amount to little more than survival as dying is prolonged. Furthermore, the prolonging of life of the dying patient has profound implications on patients themselves, their relatives, dependants and medical providers. Thus, withdrawing and withholding medical treatment would not only respect a patient's right to self-determination, by allowing them to the in their underlying condition, but will ensure that medical providers are able to concentrate on more worthwhile treatments. This paper discusses the intractable difficulties with the moral distinction between withholding and withdrawing treatment and euthanasia, as well as makes a comparative study between the present state of law in Malaysia and England on this issue. The paper further highlights the differences between civil law and Islamic law in this controversial area. World Association of Medical Law 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3002/1/WITHDRAWING_AND_WITHHOLDING_MEDICAL_TREATMENT%5B1%5D.pdf Jahn Kassim, Puteri Nemie and Omipidan, Bashiru Adeniyi (2010) Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law. Medicine and Law Journal, 29 (3). pp. 443-461. ISSN 0723-1393 http://www.thewaml.com/97918/Medicine-And-Law-Journal
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Omipidan, Bashiru Adeniyi Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
description	The permissibility and lawfulness of withdrawing and withholding medical treatment has attracted considerable debates and criticisms, as the legal issues are drawn into entering the slippery slope of euthanasia. Proponents of “sanctity of life” views that withdrawing and withholding medical treatment with knowledge that death would result is still within the sphere of euthanasia, whereas proponents of “quality of life” argue that it is not, as death is not intended. Their arguments maintain that for patients who are totally dependant on machines to ensure the work of some bodily functions, living may amount to little more than survival as dying is prolonged. Furthermore, the prolonging of life of the dying patient has profound implications on patients themselves, their relatives, dependants and medical providers. Thus, withdrawing and withholding medical treatment would not only respect a patient's right to self-determination, by allowing them to the in their underlying condition, but will ensure that medical providers are able to concentrate on more worthwhile treatments. This paper discusses the intractable difficulties with the moral distinction between withholding and withdrawing treatment and euthanasia, as well as makes a comparative study between the present state of law in Malaysia and England on this issue. The paper further highlights the differences between civil law and Islamic law in this controversial area.
format	Article
author	Jahn Kassim, Puteri Nemie Omipidan, Bashiru Adeniyi
author_facet	Jahn Kassim, Puteri Nemie Omipidan, Bashiru Adeniyi
author_sort	Jahn Kassim, Puteri Nemie
title	Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
title_short	Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
title_full	Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
title_fullStr	Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
title_full_unstemmed	Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law
title_sort	withdrawing and witholding medical treatment: a comparative study between the malaysian, english and islamic law
publisher	World Association of Medical Law
publishDate	2010
url	http://irep.iium.edu.my/3002/ http://irep.iium.edu.my/3002/ http://irep.iium.edu.my/3002/1/WITHDRAWING_AND_WITHHOLDING_MEDICAL_TREATMENT%5B1%5D.pdf
first_indexed	2023-09-18T20:10:42Z
last_indexed	2023-09-18T20:10:42Z
_version_	1777407457672298496

Withdrawing and witholding medical treatment: a comparative study between the Malaysian, English and Islamic law

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