Vegetative State from the Perspective of Islamic Law

Hossein Shamsi Gooshki,Seyyed Mohammad Mahdi Ahmadi,Seyyed Hassan Abedian Kalkhoran,Hassan Goodarzi,Abolfazl Khoshi

doi:10.18311/jeoh/2019/23817

Abstract

<p>The death of the cerebral cortex is a particular type of brain death that occurs after the destruction of the cerebral cortex (the hemispheres of the brain). It is said that the individual has gone through a vegetative state. This cortex is responsible for controlling voluntary activities of the body. This condition is caused by a coma (anesthesia), and sometimes the individual remains in this state for several years. Although the person looks awake, his/her eyes are open and has some involuntary movements, there is no signs of mental and cognitive function. Moreover, the individual is physically in a state of dementia. Coma is a state in which a person cannot be awakened and does not respond to any stimulation including pain. Generally it lasts few days to a few weeks, after which some patients gradually recover, but some permanently lose all brain function (brain death), while others evolve to a vegetative state (VS). Patients in VS are unconscious and unaware of their surroundings, but they continue to have a sleep-wake cycle and can have periods of consciousness. They are able to breathe spontaneously, retain their gag, cough, sucking, and swallowing reflexes. They often look fairly “normal” to families and friends who hope and pray for their full recovery. Laws and regulations in Islamic countries originate from popular jurisprudence. Therefore, by arguing that the well-known principles of Islam are necessarily legitimate, the phenomenon of vegetative state has been recognized. Jurisprudents have conflicting opinions on brain deaths and these perspectives cannot be considered as a widespread legal basis at the level of macro policy for administrative, medical and judicial affairs. In criminal law, maniac has no criminal responsibility because the punishment is not in line with the purpose of punishment. Consequently, restrictions will be imposed on the patients. Therefore, it can be concluded that a person with vegetative state is compatible with the insanity.</p>

Highlights

For jurists/lawyers, detecting brain death is important due to the fact that the individual with brain death can donate his/her organs
Since the only way to use the organs of the dead is through natural death just minutes after death and it is not practically possible according to the medical sciences, physicians give special attention to brain death; a condition in which the organs only go through a kind of vegetative state and the central part of the body has been broken
That the brain is the center of command in the body and controls the emotions, feelings as well as voluntary and involuntary acts cannot be sufficient reason for the true death of the person with brain death

Summary

Introduction

For jurists/lawyers, detecting brain death is important due to the fact that the individual with brain death can donate his/her organs. In modern legal interpretation, “brain death is considered as a special condition in the light of new biomedical technologies.”[1] In spite of the jurisprudential views on brain death, it does not seem to be a good argument, knowing the irreversibility of a person with brain death. In this regard, other organs have not been taken into consideration, especially the heart and the lungs.

Legal Views on Brain Death and Vegetative State

Types of Insanity

Second Clause

Third Clause

Conclusion