The Right to Die: A Comparative Approach from the Point of Fritz Jahr and Islamic Law
Under the principle of humanism, the anthropocentric thought placing humans at the center of the universe, humans are the sole judge of their own intellect, emotion, and self. By this reckoning, humans, being the measure of all things, believe they have the right to die. In this article, this important issue to bioethics is presented in a comparative form. First, space is given to the opinions of Fritz Jahr, the first to use the term bioethics; second, the question of whether Islamic law includes the right to die will be discussed. After offering a general theory, the matter is exemplified via the subject of suicide, which will be examined at both the theoretical and practical level.
Ölme Hakkı: Fritz Jahr ve İslam Hukuku Açısından Mukayeseli Bir Yaklaşım
İnsanı evrenin merkezine yerleştiren antroposentrik düşünce, insanın kendi akıl, duygu ve benlik denetiminden başka herhangi bir denetleyiciyi kabul etmemesini ister. Bu yaklaşımın sonucu olarak her şeyin ölçüsü kabul edilen insan, ölme hakkına sahip olduğunu düşünür. Makalemizde biyoetiğin önemli problemlerinden biri haline gelen bu düşünce, mukayeseli bir şekilde ortaya konulacaktır. Öncelikle, biyoetik terimini ilk kullanan Fritz Jahr’ın konu hakkındaki görüşlerine yer verilecek daha sonra ise İslam hukuku açısından ölme hakkının olup olmadığı üzerinde durulacaktır. Genel bir teori sunulduktan sonra mesele, intihar konusu üzerinden örneklendirilerek hem teorik hem de pratik düzeyde incelenecektir. Sonuç kısmında ise iki yaklaşım mukayese edilecektir.
The right to die, which is the asserting of a human’s will concerning his or her own life, emerges in many issues, such as euthanasia and doctor-assisted suicide. The weakening of paternalist thought has highlighted the autonomy of the patient, further strengthening the argument around the right to die. This idea, which has become widespread in Muslim countries as well as around the world, needs to be examined from many aspects, such as religious, philosophical, and ethical. This article comparatively analyzes the right to die issue in the context of Fritz Jahr and Islamic law.
The right to die issue, which attracts supporters because of the attractiveness of the idea of a person having a voice about his/her own life and body, has been discussed comparatively in our article. The opinions of Fritz Jahr, a Protestant pastor who was the first person to use the term bioethics, are presented first. Next, the approach of Islamic law is given. Fritz Jahr’s thoughts are presented directly from the articles he wrote on the subject, without resorting to secondary sources. The right to die is discussed in terms of Islamic law, and it is questioned whether death is a right. The fiqh ground of the issue is provided theoretically by the thoughts of Islamic law scholars concerning the right to die, and it is then illustrated using the subject of suicide. In the conclusion, a general evaluation is made based on the opinions given.
It has been seen that neither Fritz Jahr nor Islamic law accepts a person’s right to die. Some of the arguments put forward by Islamic law in this regard are also expressed by Fritz Jahr. Although they explain it in different ways, both approaches agree that the most important reason for not having the right to die is that the human is a sacred being. According to Fritz Jahr, this sacredness is connected to the creation of man in the image of God, central to Christian thought. Since a human being created in the image of God is unconditionally protected, any intervention on the integrity of life and body is prohibited. According to Islamic law, humans, the pinnacle of creation, are considered as reverend and their lives are protected from any kind of unjust intervention.
Apart from sacredness, one of the common arguments is that exercising the right to die causes individuals to neglect their duties to themselves or to society; justifying a person’s choice to die means justifying his or her evasion of responsibilities toward society and his or her family. People are responsible not only for themselves but also for those around them. While the idea of “having rights” is basic to Western thought, in Islam, a right that does not require responsibility cannot be demanded.
Suicide is one of the most important prohibitions in Islamic law, evidence that the law precludes a right to die. Under Islamic law, no one may deliberately commit a harmful act on his or her life or allow such an act to be committed against oneself. Therefore, suicide and harm to the integrity of the body are considered unlawful. As a matter of fact, it is noted that those who commit suicide cannot go to heaven. Considering that Prophet Muhammad (s.a.v) did not perform a funeral prayer for suicide victims, in addition to other public principles, it is clear that Islam prohibited suicide and did not recognize the right to die.
According to Islam, even wishing to die because of the problems of the world is not tolerated. Instead, Prophet Muhammad, who did not approve of one’s wishing for death, suggested Muslims to pray as follows, “Dear God! In my part, if life is good, make me live; if it is not, take my life.” Islamic law scholars are extremely meticulous in deliberations on contributing to one’s own death.
