A Comparative Jurispurdential Study on Abstinence from Treatment of Incurable Disease.



This paper delves into the Islamic jurisprudential rulings of abstaining from the treatment of incurable diseases. This emerging issue that has been researched before, but there is still a lack of clear verdicts that address the various complex practical aspects of these issues in the context of real-world practice of medicine. Hence, the objective of the research is to reach well-defined rulings on medical treatments and abstinence form them and to demonstrate the valid interests of abstaining from treatment. The papers had emphasis on incurable illnesses and certain issues such as resuscitation and life support, artificial nutrition and certain special cases such as prolonged consciousness disorders. The research followed the descriptive analytical, inductive and comparative approaches in order to accurately conceptualize the issues at hand and the conclude the likely provisions.

The paper concludes there is difference of the rulings of treatment based on seeking it or providing it.  As such, medical treatment may be obligatory, recommended, permissible, disliked or prohibited.  The paper also highlights certain jurisprudential adaptation of some common practices such as informed consent, advance directives, the living will, and the medical power of attorney as they have legitimate benefits. Additionally, the paper concludes that it is permissible to have “Do Not Resuscitate” (DNR) order, abstinence from or withdrawal of futile treatments including life support measures and artificial nutrition within certain guidelines elaborated in the paper.

Full English Version Coming Soon.

Click here to read the full version in Arabic