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Ethical considerations on advance directives: an overview of the ethical and legal aspects in the context of Islamic teachings
Jannat Mashayekhi, Mansure Madani, Saeedeh Saeedi Tehrani,
Volume 8, Issue 3 (9-2015)
Abstract

According to the principle of respect for autonomy, which is one of the essential precepts of medical ethics, patients are entitled to the right of self-determination for a hypothetical future when they may lose the decision-making capacity. Thus, when still adequately competent to make decisions, a person can prepare a document and predict their therapeutic options and state their wishes for the possible time of lack of decision making capacity, or assign a surrogate who will make the best decision considering the attitudes and interests of the patient. This document, called advance directive, has advantages and disadvantages, and has been investigated from different perspectives. The present study addresses this new issue through non-systematic internet and library review of resources, and aims to investigate some aspects of this subject and examine the possibility of its naturalization from certain viewpoints, particularly from the Islamic perspective. In Islam, life is highly respected and physicians are obliged to do their best to protect human life. In cases where patients refuse the suggested treatments, even when it harms them fundamentally, the physician is obliged to respect their wishes for several reasons. Nevertheless, physicians should avoid any direct measure that may end up in the patient’s death. As regards advance directives, the patient no longer has the capacity to make decisions and has done so formerly, which may be in conflict with the physician’s responsibility to save the patient’s life under present circumstances. In such cases, despite a preliminary injunction, there is no reason to extend the patient's right to the time of their consciousness. Therefore, based on the religious principles observed in Iran, acting on the patient's previous decisions can only be valid as long as they do not conflict with the physician’s responsibilities. Furthermore, advance directives currently do not have a place in our legal system and the recognition of such documents is contingent upon further studies, including legal and cultural reviews.


A Review of the Basis of Fetal Dignity in Some Contemporary Medical Ethics Theories
Jannat Mashayekhi, Zeinab Derakhshan, Alireza Parsapoor,
Volume 12, Issue 0 (3-2019)
Abstract
The human moral or, in other words, his human dignity has long been the subject of discussions among various thinkers. Almost all theories that have addressed this issue are in principle the dignity of man and the supremacy of his position in relation to all beings, but what makes a different perspective on this topic is the criterion of this dignity and excellence. Making essential decisions for the fetus, including preserving the fetus or abortion, is one of the main applications of the principle of human dignity and is directly is influenced by its human and ethical status. Two groups of theories have focused on the issue of the dignity of the fetus: secular theories and theories based on religions and schools. The secular ideas, have some attractions that human intuition accepts them to some extent, but none is free of criticism, and the critique of each theory is all remarkableness and worthwhile. Hence, this article, while it is reviewing some of the secular views and the views of religions and schools on the status of the embryo and addressing some criticisms of them, provides the dominant human-being theory of fetus based on Shi'a thought and introduces the valuable position of man from fetal times. Finding the root of human dignity by relying on human thought and without resorting to revelation inspiration is faced to serious challenges. Human embryos, due to the ability to become human, have been at the beginning of being a valuable place that increases the value of fetal age when it increases its age so that it is not worthy of human dignity with God's soul. But because its granting by the Lord on the basis of the religious teaching perception, the egg cell should not only be eliminated, but also should be taken care of and protected due to its potential to become human

A Critique of the Jurisprudential-Ethical Foundations of Applying the Term “Death” to the Vegetative State
Sayyed Mohammad Taghi Hosseini Vardaniani, Dr Ahmad Salami, Sayyed Morteza Hosseini, Jannat Mashayekhi,
Volume 18, Issue 1 (3-2025)
Abstract
The vegetative state is a condition in contemporary medicine that raises numerous ethical, jurisprudential, and legal challenges. The most fundamental question when confronting this condition concerns whether individuals in such a state are considered alive or deceased, as subsequent rulings and implications are typically contingent upon the answer to this question. Some contemporary Islamic jurists, drawing upon the jurisprudential division of life into “stable life” and “unstable life”, have deemed individuals in a vegetative state to be deceased, given their lack of volition and consciousness. This study argues that the concept of “unstable life” does not apply to these individuals, particularly in cases of persistent and chronic vegetative states where the possibility of regaining consciousness, however remote, exists. Furthermore, the continued function of the brainstem and the non-fulfillment of the medical and legal criteria for brain death in many systems affirm that the designation of “deceased” is incorrect. From an Islamic perspective, the definitive separation of the soul from the body, which is the condition for the occurrence of death, cannot be ascertained in the vegetative state. Ultimately, in circumstances of doubt regarding the life or death of a person in a vegetative state, this uncertainty constitutes a “case-specific doubt”, and by applying the legal principle of “presumption of continued life”, the individual must be deemed alive and all the corresponding legal and religious consequences of life must be accorded to them.

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