The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah
The concept of patient autonomy or self-determination is one of the dominant ethos in modern medical practice. The demands by patients to be given respect, independence and dignity in medical decision making have been heeded and mirrored in many ethical codes and judicial decisions. The development...
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| Format: | Proceeding Paper |
| Language: | English English |
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2014
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| Online Access: | http://irep.iium.edu.my/40713/ http://irep.iium.edu.my/40713/1/ICLASS_III.pdf http://irep.iium.edu.my/40713/2/ICLAS.270514_%25282%2529.pdf |
| _version_ | 1848782000753737728 |
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| author | Jahn Kassim, Puteri Nemie Alias, Fadhlina Wan Muhammad, Ramizah |
| author_facet | Jahn Kassim, Puteri Nemie Alias, Fadhlina Wan Muhammad, Ramizah |
| author_sort | Jahn Kassim, Puteri Nemie |
| building | IIUM Repository |
| collection | Online Access |
| description | The concept of patient autonomy or self-determination is one of the dominant ethos in modern medical practice. The demands by patients to be given respect, independence and dignity in medical decision making have been heeded and mirrored in many ethical codes and judicial decisions. The development of the law relating to informed consent, euthanasia, confidentiality, and reproduction issues have clearly reflected the reinforcement of patient autonomy in which patients’ choices should be free from coercion and unwanted interference. Paternalistic infringement in these areas have been regarded as outmoded and are disfavoured, as respect for a patient’s right to determine his own destiny is given precedence. The escalating medico-legal cases have further emphasised the salience of this concept in the provision of medical services. Nevertheless, while the importance of patient autonomy is duly recognised, the advancement of this concept is not without its limitations; it accordingly has to evolve within the perimeters of one’s religious and cultural precepts. For Muslim patients, the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Shari’ah. The emphasis on individualism, personal gratification and the denial of faith in medical decision making is inconsistent with Islamic values. Therefore it is necessary that principles relating to the concept of patient autonomy be developed within the sphere of the Shari’ah, in order to ensure their coherence with the doctrinal requirements stipulated in Islam. |
| first_indexed | 2025-11-14T15:58:30Z |
| format | Proceeding Paper |
| id | iium-40713 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T15:58:30Z |
| publishDate | 2014 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-407132018-06-19T07:45:55Z http://irep.iium.edu.my/40713/ The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah Jahn Kassim, Puteri Nemie Alias, Fadhlina Wan Muhammad, Ramizah K Law (General) The concept of patient autonomy or self-determination is one of the dominant ethos in modern medical practice. The demands by patients to be given respect, independence and dignity in medical decision making have been heeded and mirrored in many ethical codes and judicial decisions. The development of the law relating to informed consent, euthanasia, confidentiality, and reproduction issues have clearly reflected the reinforcement of patient autonomy in which patients’ choices should be free from coercion and unwanted interference. Paternalistic infringement in these areas have been regarded as outmoded and are disfavoured, as respect for a patient’s right to determine his own destiny is given precedence. The escalating medico-legal cases have further emphasised the salience of this concept in the provision of medical services. Nevertheless, while the importance of patient autonomy is duly recognised, the advancement of this concept is not without its limitations; it accordingly has to evolve within the perimeters of one’s religious and cultural precepts. For Muslim patients, the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Shari’ah. The emphasis on individualism, personal gratification and the denial of faith in medical decision making is inconsistent with Islamic values. Therefore it is necessary that principles relating to the concept of patient autonomy be developed within the sphere of the Shari’ah, in order to ensure their coherence with the doctrinal requirements stipulated in Islam. 2014-06-09 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/40713/1/ICLASS_III.pdf application/pdf en http://irep.iium.edu.my/40713/2/ICLAS.270514_%25282%2529.pdf Jahn Kassim, Puteri Nemie and Alias, Fadhlina and Wan Muhammad, Ramizah (2014) The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah. In: International Conference on Law and Society III (ICLAS III), 9th - 11th June 2014, Istanbul University, Turkey. (Unpublished) |
| spellingShingle | K Law (General) Jahn Kassim, Puteri Nemie Alias, Fadhlina Wan Muhammad, Ramizah The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title | The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title_full | The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title_fullStr | The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title_full_unstemmed | The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title_short | The growth of patient autonomy in modern medical practice and the defined limitations under the Shariah |
| title_sort | growth of patient autonomy in modern medical practice and the defined limitations under the shariah |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/40713/ http://irep.iium.edu.my/40713/1/ICLASS_III.pdf http://irep.iium.edu.my/40713/2/ICLAS.270514_%25282%2529.pdf |