PATIENT AUTONOMY: JUXTAPOSING THE PREDOMINANT BIOETHICAL PRINCIPLES WITH THE ISLAMIC LAW MODEL

Abstract

Respect for Patient Autonomy has replaced the old principle of Paternalism in medical law and ethics. Paternalism is the opposite of autonomy and it holds that the physician by virtue of knowledge and skill is able to override the patient’s autonomous decision in determining what course of action is best for the patient. An incident of the right to autonomy is the right of a patient to reject medical or surgical treatment for any reason or no reason at all, even if such decision could lead to the patient’s death. This work, embracing doctrinal research technique evaluates the extent of a patient's freedom of objection to restorative medical or surgical procedure under Islamic jurisprudence. The work discovers that whereas western bioethical principles are founded on human reasoning and prioritizes absolute right to self determination. Ethical considerations under Islamic law are of divine origin and human life and health are regarded as a trust which should not be jeopardized at will without a genuine basis. It is observed also that contemporary bioethical principles are sometimes of limited help in resolving certain dilemmas and maybe inherently conflicting whereas Islamic jurisprudence presents a more holistic moral compass in resolving this dilemma.