Study of Juridical - Legal Rule of Euthanasia

Euthanasia, or the merciful death (good death), is either with the will of the patient (voluntary) or it is without his will (non-voluntary), where the patient legally does not have the competency to make a decision.As per the basis of the criminal law of Islam, the active euthanasia is considered as murder even though it has been done with the patient’s will. Therefore it is forbidden and it results in punishment or retaliation; because the merciful motive of the doctor and permission of the patient is not going to take away the criminal responsibility of that doctor nor it is a discount factor in his punishment. Therefore his trustees or guardians are able to punish and retaliate from him, but if the patient forgives the doctor after his act of euthanasia (for example, after injecting him with a deadly medicine) then, after his death, his inheritors do not have the rights to retaliate or ask for punishments.In a non-active, non-voluntary euthanasia, even though the title “murder” does not apply, but the doctor had stopped saving a life and since this is leaving his obligation to patient, he has done a forbidden act and has to be punished.It is the same rule in a non-active, voluntary euthanasia; unless if it is cases such as surgery where the doctor has to take position of the patient’s buddy. Because in these cases, patient’s permission is the main condition to make this action a legitimate act. Therefore if he does not agree with the operation, the doctor has no rights to continue and therefore his responsibilities including his criminal responsibility will get removed. But in those cases where the act of the doctor does not require him to take position of the patient’s buddy, like an artificial respiration, saving patient’s life is an obligation for the doctor and in the case of failure to do so, he will be punished.