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EED_C/VI
ISLAMIC PERSPECTIVE OF EUTHANASIA
Euthanasia is not a new thing in our life because it has been practiced since the middle of 1800’s in Europe. Further, it has been done in many countries, including in Asia, euthanasia had been practiced in Japan twice in 1962 (passive euthanasia) and 1995 (active euthanasia). Then, in several countries euthanasia has been legalized. The one of evidences is since 1997 Oregon has permitted a terminal patient explicitly to end his life by legalized law of Oregon Death with Dignity Act. Of course, that emerge pro and contra among physicians. Even, a survey in the United States of more than 10,000 physicians came to the result that approximately 46% of physicians agree that physician-assisted suicide should be allowed in some cases; 41% do not, and the remaining 14% think it depends.
Finally, it becomes a dilema in our world as a Muslim. Most of people still don’t know whether it is allowed or forbidden because they don’t know the basic law of it. Based on the explanation above, this paper will explain Islamic view toward euthanasia practices both active euthanasia and negative euthanasia. Euthanasia is a medical term to the practice in relieve pain and suffering of patient who be in argony. In etimology, Euthanasia is from Greek εὐθανασία meaning "good death”, eu: well or good and thanatos: death. (Utomo, 2003:177). In Islam there is a term that equal to it, that is, qatl ar-rahmah (meaning: affectionately death) or taisir al-maut (reveal the death). Qatl- ar-rahmah is often mentioned as an intentionally practice of expedite death affectionately without pain in order to relieve pain of patient.
Euthanasia may be classified according to whether a person gives informed consent into four types: voluntary, non-voluntary involuntary and helping suicide. Voluntary means that euthanasia is practiced by someone who wants to die counciously, whereas non-voluntary is practiced when the patient is not be able to approve it because of age or disability both physically and mentally factors, such as coma. On the other hand, involuntary occurs when patient is in weak condition but he can be asked approvement and doctor doesn’t do it. It means that demanding to continue doctor’s surgery is rejected. Besides that, euthanasia can also occur when someone is given informations and discourse to kill himself as we call it helping suicide.
Medical practices have known two kinds of euthanasia: positive euthanasia (active) and negative euthanasia (passive). Firstly, positive euthanasia is a doctor’s action to precipitate death of patient, in mortal physical pain, by giving him a deadly injection. For example, doctor takes a cancerous patient overdosis medicine not only to reduce his pain but also to break of his respiration all at once. The reason of this practice is that giving of the medical treatment probably just extend patient’s suffering and it won’t reduce his pain.
Second, negative euthanasia is stoppage of giving of the medical treatment to patient, someone who medically cannot be made well, in order to accelerate his death. For instance, doctor stops medical treatment to a cancerous patient who is in coma, because he suffers hard collision in his head and consider he cannot be heal again. Nevertheless, the primary cause is economic reason. Cost to this treatment is very expensive, whereas patient’s financial is limited. Another cause is the function of medical treatment has not been detected anymore.
By knowing kinds of euthanasia, active euthanasia and passive euthanasia have different law in Islam. In this case, shari’a explicitly forbids positive euthanasia practice (active), because it (al-qatl al- ‘amad) intentionally includes murder practice. It is proscribed in spite of asking the patient or his family. Here, the following two verses of Quran that underlies this proscribed.
“And kill not anyone whom Allah has forbidden, except for a just cause (according to Islamic law). This He has commanded you that you may understand.” (Quran, [6]: 151).
“And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.” (QS an-Nisa' [4]: 29).
Hence, in this case a doctor who giving an overdosis medicine or practice positive euthanasia is the same as killing by using cold steel. The punishment to doctor or someone who practice it is Qishas.
“O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder.” (Quran, [1]: 178)
One of important things by accelerating the death of patient in active euthanasia is that patient will not get benefit (hikmah) of ordeal, that is His amnesty. In Hadith reported by Aisha: Allah’s Apostle said, “No calamity befalls a Muslim but that Allah expiates some of his sins because of it, even though it were the prick he receives from a thorn.” (Narrated by Bukhory and Muslim)
In fact, passive euthanasia is a stopped medicinal treatment. It because doctor’s conviction that the treatment is useless for patient recovery. According to some hadiths, in one side prophet Muhammad strives for medicine treatment, on the other hand there is qarinah (indication) that demanding is not obligation one. One of hadith reported by Usama bin Syarik that some arabians asked, “O Messanger of Allah, may we seek treatment?” He replied: “yes, o servant of Allah, seek medical treatment. Because Allah doesn’t put a disease but also put a medicine. (Narrated by at-Tirmidzi).
The hadith above shows that prophet Muhammad SAW asks us to cure. However, it (al-amr) has not obligatory connotation. It is appropriate to principle:
“Command comes from thing that shows to be a demanding.” (An-Nabhani, 1953).
Thus, Abdul Qadim Zallu (1998:69) says that if doctors have determained that brain organs of patient died, so that doctors can stop the treatment, such as take down respiration aid, because using or taking down it is a sunnah (permitted) and doctors who take down respiration aid is not mentioned killed the patient. To do it, a doctor has to permit to patient, his family, his proxy or his washi. If he doesn’t have proxy or washi, doctor has to permit to judge (Al-hakim/Ulil Amri) (Audah, 1992: 522-523)
Talking about euthanasia, of course, we can find pro and contra among cleriks (ulama). The guideline of agreement’s opinion is that euthanasia in humanity aspect is allowed and it is a patient privilege. In one side, euthanasia practice is not easy to be done. Firstly, doctor has to follow code of ethics to demulcent pain of patient but not to kill the patient. Second, helping patient to precipitate his life is punitive measure.
Whereas, opinion of disagreement considers that euthanasia is forbidden because it includes intentional murder (al-qatu al-‘amad). Prof. Dr. Amir syarifuddin explains that murder to end patient’s suffering is same as Allah prohibition to kill child because of proverty. Taking medicine or injection to end patient’s life is an intentional murder. It means that he beats to Allah’s destiny, although it is intend to end patient’s infliction and also to reduce family’s burden. However, if the patient is not taken medicine anymore and the doctor permits him to check out from hospital because the treatment is useless, so that doctor is not indicated as a murder although it causes death of patient.
In addition, K.H Syukron Makmun has a notion that death is Allah desire and human doesn’t know when he will die. The diseases which attacks us is qudratullah. We just endeavor (ikhtiar), precipitate demise of someone is forbidden. The doctor just tries to cure but not to kill. If the doctor doesn’t be able to cure the patient, he will back it to patient’s family. Hence, whatever the reason, if active euthanasia is done, that’s mean an act to end human life. In Islam, it is prohibited. However, passive euthanasia is permitted by physicians, jurist or ulama.
In conclusion, although negative euthanasia can be permitted in Islam, however, positive euthanasia explicitly is forbiden. Islam views that euthanasia practices, especially positive euthanasia, as murder one and it is really forbidden. Doctor is not mercier than Allah SWT, so that he doesn’t have privilage to end someone’s life. On the other hand, Islam also permits someone not to cure his disease if it cannot be healed.
REFERENCES:
An-Nabhani, Taqiyuddin. 1953. Asy-Syakhshiyah Al-Islamiyah. Juz III. Al-Quds :
Mansyurat Hizb Al-Tahrir.
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Audah, Abdul Qadir. 1992. At-Tasyri’ Al-Jina`i Al-Islami. Beirut : Muassasah Ar-Risalah.
Utomo, Setiawan Budi. 2003. Fiqih Aktual Jawaban Tuntas Masalah Kontemporer. Jakarta: Gema Insani Press.
Zallum, Abdul Qadim. 1998. Beberapa Problem Kontemporer dalam Pandangan Islam :Kloning, Transplantasi Organ Tubuh, Abortus, Bayi Tabung, Penggunaan Organ
Tubuh Buatan, Definisi Hidup dan Mati. Bangil : Al Izzah.
Tubuh Buatan, Definisi Hidup dan Mati. Bangil : Al Izzah.
Abraham, Zakky.(2009). Bunuh Diri dan Euthanasia. [internet] February 2009. Available at: http://abrahamzakky.blogspot.com/2009/02/bunuh-diri-dan-euthanasia-oleh-abraham.html [Accesssed 6th March 2012].
Anonymous.(2012). Euthanasia. Wikipedia [internet] 19th February 2012. Available at: http://id.wikipedia.org/wiki/Eutanasia [Accessed 27th February 2012]
Indah, Leya permatasari.(2009). Euthanasia Dalam Pandangan Islam. [internet] 5th February 2009. Available at: http://asa-2009.blogspot.com/2012/02/euthanasia-dalam-pandangan-syariat.html [Accessed 27th February 2012]
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