The Equation of Brain Death with Legal Death in Islamic Law: A Critical Appraisal

IF 0.3 3区哲学 0 RELIGION

JAPANESE JOURNAL OF RELIGIOUS STUDIES Pub Date : 2018-06-15 DOI:10.33195/UOCHJRS-V1I2582018

S. S. S. Haneef, M. A. A. Razak

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引用次数: 0

Abstract

Brain death as the modern medical criterion of death while a welcoming development for the twin purposes of saving medical cost and serving the demand for organ procurement is still a controversial subject in the field of Bioethics. The reason is that its scientific credibility in terms of conclusiveness of the termination of life of the whole body system is far from settled. Similarly, its compatibility with Islamic notion of death and its unique metaphysical criterion of the separation of the soul from human body is a debatable topic among the Muslim legislatures. In the Muslim debate what concerns us is the question of equating brain death to legal death. The most central issue in the juristic discourse is as to whether brain death is a definitive indicator that the soul has left the body. The answer has been divergent but with minimum discourse on both theological and scientific dimensions of the issue. Accordingly, this paper argues that interrogating the issue from scientific dimension would have resulted in a more informed verdict on the issue. Keywords: brain death, equation, legal death, Muslim Fatwa

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伊斯兰教法中脑死亡与法定死亡的方程式:一个批判性的评价

脑死亡作为现代医学的死亡标准，在节省医疗费用和满足器官获取需求的双重目的下是一个受欢迎的发展，但在生命伦理学领域仍然是一个有争议的话题。其原因是，就整个身体系统生命终结的结论性而言，它的科学可信度远未确定。同样，它与伊斯兰的死亡概念的兼容性及其独特的灵魂与人体分离的形而上学标准在穆斯林立法机构中是一个有争议的话题。在穆斯林的辩论中，我们关心的是将脑死亡等同于合法死亡的问题。法律论述中最核心的问题是脑死亡是否是灵魂离开身体的明确标志。答案是分歧的，但在神学和科学的层面上都很少讨论这个问题。因此，本文认为，从科学的角度对这个问题进行询问将导致对这个问题作出更明智的裁决。关键词:脑死亡，方程式，合法死亡，穆斯林法特瓦

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来源期刊

JAPANESE JOURNAL OF RELIGIOUS STUDIES RELIGION-

CiteScore

0.80

自引率

0.00%

发文量

审稿时长

8 weeks

期刊介绍： The Japanese Journal of Religious Studies is a peer-reviewed journal registered as an Open Access Journal with all content freely downloadable. The journal began in 1960 as Contemporary Religions in Japan, which was changed to the JJRS in 1974. It has been published by the Nanzan Institute since 1981. The JJRS aims for a multidisciplinary approach to the study of religion in Japan, and submissions are welcomed from scholars in all fields of the humanities and social sciences. To submit a manuscript or inquiry about publishing in our journal, please contact us at the address below.