STRASBOURG,
March 20 (IslamOnline and News Agencies) – Euthanasia is once
again at the core of international debate as the European Court of
Human rights considers the case of a paralyzed British woman who
wants the right to end her life.
Diane
Pretty, 43, a British mother of two is terminally-ill with a motor
neurone disease and wants to be granted permission to have her
husband Brian help her commit suicide. So far, she has failed to
gain acquiesence of the European Court of Human Rights in Strasbourg
to allow her husband to perform the act.
The
Netherlands was the first country in the world to legalize euthanasia
under certain conditions in January; however, the practice has been
tolerated since 1997.
Conditions
include the strict evaluation of regional review committees
consisting of legal, medical, and ethical experts carefully judging
each patient's request.
A
second medical opinion will be needed, and the suffering of the
patient must be deemed unbearable. Only where there is doubt will
the case be referred to the public prosecutor.
But
in a landmark case in December 2001, an Amsterdam appeals court
ruled that being "tired of living" does not constitute a
legitimate reason for what has been termed “mercy killing”. A
doctor who acted out of compassion for an 86-year-old patient did,
however, escape a jail sentence.
Islam’s
stance is very clear on this issue and divides euthanasia into two
categories: active euthanasia and passive euthanasia. The first
refers to an act that leads to death like giving a patient a fatal
injection to hasten his death.
The latter is the negative attitude taken with the aim of hastening
death for the patient; this can be by withholding or withdrawing
water, food, drugs, medical or surgical procedures, resuscitation
like CPR, and life support such as the respirator. The patient is
then left to die from the underlying disease.
Some Muslim scholars maintain that all types of euthanasia are
forbidden as they run counter to noble principles of Islamic
Jurisprudence that are deducted from the textual evidence, i.e. from
the Qur’an and the Prophet’s Tradition.
Prominent Muslim scholar Sheikh Yousef al-Qaradawi states that
positive euthanasia or so-called “mercy killing” is forbidden in
Islam as it encompasses a positive role on the part of the physician
to end the life of the patient and hasten his death via lethal
injection, electric shock, a sharp weapon or any other way. This is
an act of murder, and murder is a major sin in Islam, the religion
of pure mercy.
As for the suspension of medical treatment via preventing the
patient from his due medication which is, from a medical
perspective, thought to be useless, this is permissible and is
sometimes is even recommended. Thus, the physician can do this for
the sake of the patient’s comfort and the relief of his family.
Egyptian
Islamic thinker Tarek al-Bishry told IslamOnline that euthanasia is
forbidden by all religions and man-made laws.
He
said this is a new and unnatural concept and is widely opposed.
“How long a person lives is solely determined by God and no-one
should interfere in this process of life and death,” Al-Bishry
said.
He
added that euthanasia is an intricate subject that trespasses into
medically prohibited territories.
Al-Bishry
stated that no one -- not even the doctor -- should be allowed to
determine the patient's life span. He said the doctor’s only
purpose is to treat patients and to try relieve pain without
resorting to fatal means.
Muzammil
Siddiqi, an Islamic scholar, said: “The sick person should
patiently endure the pain and pray to Allah. If he/she is patient,
there will be a great reward and blessing for him/her in the eternal
life.”
If,
however, a number of medical experts determine that a patient is in
a terminal condition and there is no hope for his/her recovery, then
it could be permissible for them to stop the medication.
If
the patient is on life support, it may be permissible, with due
consultation and care, to decide to switch off the life support
machine and let nature take its own time.
Under
no condition is it permissible to induce death to a patient.
The
Dutch Roman Catholic Church said the legalization of euthanasia in
the Netherlands would make it too easy for people to give up.
"People who are ill but consider themselves a burden to their
family, that's the problem," a spokesman for the Bishops
Conference said in April 2001.