The Dynamics of Clinical Judgment, Religious Conventions and Parental Responsibilities
The Dynamics of Clinical Judgment, Religious Conventions and Parental Responsibilities

An Islamic Perspective

Author(s): Mahmood Chandia, Abdulla Al-Shami
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Theology and Religion, Islam studies, Religion and science , Contemporary Islamic Thought
Published by: Trivent Publishing
Keywords: Islamic law; paediatrics; fiqh; Islamic fiqh; medical futility; parental rights; Islam; children law; Clinical Judgment;
Summary/Abstract: This chapter aims to look at the debate from an Islamic legal (fiqh) perspective and present how Muslim parents could ensure that their attempt to discharge parental responsibility can become compatible with religious instruction, in a context where the value base to evaluate medical futility (i.e. to continue medical treatment or not), is determined by medics and the state, rather than any religious underpinning. To this end, this chapter aims to discuss the Islamic theory and practice on this subject: (1) What is the scope of parental rights and responsibilities in Islam (i.e. theory)?; and (2) How would Islamic fiqh (or legal formulations) guide parental thinking in such situations (i.e. practice)?

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