PURPOSES AND PRINCIPLES USED IN THIS ANALYSIS
The Purpose of Protection of life, maqsad hifdh al nafs
1.2 The Purpose of Protection of resources, maqsad hifdh al maal
1.3 The Principle of
Certainty, qa’idat al yaqeen
The Principle of custom/precedent, qa’idat al ‘aadat.
2.0 RULINGS ON LEGAL DEATH
Brain stem death = legal death accordinh to principle of custom, aadat
vegetative state (PVS) is not legal death?
to withdrawal life support based on certainty of death, doctrine of futility, or financial / resource considerations
of the Qadhi / ulama /jurist
3.0 THE BASIS FOR THE LEGAL RULINGS
of life, maqsad hifdh al nafs, but not futile or heroic measures
vs resources. Certainty of death is defined by custom.
Futile treatment is waste, israaf
is involved because of vested interests (family and physician)
life support = withdrawal but is psychologically easier
not start at all if it is futile.
Continuation is excused where commencing is not, yughtafar fi al baqa ma la yughtafar
fi al ibtidaa
is easier that starting, al baqau ashal min al ibtidaa.
4.0 ROLE OF THE KADHI
in each city with special training on issues of determining death
Ulama involvement is sadd al dhari’at
guided by (a) brain stem death (b) futility doctrine
should not be forced into debt because of life support
Inheritance rights of family affected by involvement in decisions to withdraw life support