Controls for lifting artificial resuscitation devices for the brain-dead - a comparative study

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The lifting of artificial resuscitation devices for the brain dead entails the criminal and civil responsibility of the doctor or hospital who made the decision to lift the artificial resuscitation devices, and the research on the subject of lifting artificial resuscitation devices for the brain dead raises many problems due to the fact that the issue has religious, moral and legal dimensions, for the religious dimension, we find that the monotheistic religions have criminalized the killing of the human soul except by right, Within the limits set by Sharia, and with regard to the situation in Islamic jurisprudence, the matter is disputed, due to the existence of two currents: First: a current in favor of the traditional trend in medicine, which believes that human death is achieved in the case of cardiac arrest, and therefore if the resuscitation devices help in the continuation of the work of these devices, lifting them raises religious and legal responsibility, The second current in Islamic jurisprudence is to support the modern medical trend that holds that clinical death or brain stem death is a natural death, and therefore there is no justification for continuing to put resuscitation devices on a person whose brain has stopped working. As for the legal dimension, the traditional trend refuses to say that a person dies if the continuation of the work of his vital organs is possible with the help of medical resuscitation devices, while the modern legal trend has recognized the principle of the human right to die with dignity if his survival increases pain, torment and misery, and laws have been passed that allow the lifting of resuscitation devices or giving the patient drugs that accelerate the end of his life. These include Belgium and Spain.

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