Dying Wishes: Understanding Advance Medical Directives from the Malaysian and Islamic Law Perspectives

• Published in: Ulum Islamiyyah Vol. 32; pp. 18 - 39
• Main Authors: Alias, Fadhlina, Jahn Kassim, Puteri Nemie, Abdullah, Muhammad Najib
• Format: Journal Article
• Language: English
• Published: 02.12.2020
• ISSN: 1675-5936; 2289-4799
• DOI: 10.33102/uij.vol32no.174

The respect for patient autonomy is a bioethical principle that has acquired a compelling degree of prevalence in modern medical practice. While a doctor is ethically and lawfully bound to respect a patient’s preference and personal values in administering the requisite treatment, the duty to do so is more intricate in end-of-life care, when most patients are unable to partake in the decision-making process. An advance medical directive thus provides an assurance that the patient’s right to make autonomous decisions is preserved and will not be defeated by any future incapacity. It also serves to alleviate the ethical dilemma faced by doctors and assist them to determine the course of treatment according to the incompetent patient’s wishes. In turn, this facilitates healthcare providers to effectuate a more functional allocation of resources, which include costly life-sustaining equipment. In Malaysia, although advance care planning and advance medical directives are fairly novel concepts, there have been recent calls by certain sectors to increase awareness among the public and incorporate such measures into the delivery of healthcare services. This paper seeks to discuss the viability of integrating advance medical directives into the Malaysian regulatory framework on the provision of healthcare. Accordingly, this will also include deliberation on the Islamic standpoint with regard to the subject matter, in view of Malaysia’s religious demography and the position of Islam as the official religion of the country.