Antmind Review: Journal of Sharia and Legal Ethics
Vol. 1 No. 2 (2024): Antmind Review: Journal of Sharia and Legal Ethics

Inheritance Rights in Cases of Euthanasia: Analyzing Legal and Ethical Complexities

Abubakar, Fatum (Unknown)
Salim, Mohammad Salim (Unknown)



Article Info

Publish Date
12 Dec 2024

Abstract

This study analyzes the implications of inheritance law related to euthanasia, focusing on legal comparisons in different jurisdictions and perspectives of Islamic law. This study highlights legal loopholes that often arise in cases of euthanasia related to inheritance distribution, especially in the context of the legal system that regulates such actions. Through the approach of analyzing legal literature, sharia maqashid, and jurisdictional comparison, it was found that there was a significant variation in the legal treatment of inheritance claims by individuals involved in euthanasia. In some jurisdictions, such as the Netherlands and Belgium, inheritance claims are still possible with certain conditions, while other jurisdictions, including Indonesia, do not yet have explicit regulations. This study also emphasizes the importance of analyzing aspects of written consent, medical conditions, and moral and ethical principles in deciding inheritance rights. From the perspective of Islamic law, it is found that the principle of preserving the soul (hifz al-nafs) is the basis for rejecting the act of euthanasia. These findings make an important contribution to understanding the relationship between euthanasia and inheritance, as well as offering a legal discourse that supports the development of regulations based on justice, ethics, and human values. This research is a foothold for policymakers to overcome regulatory gaps related to euthanasia in the context of inheritance law.

Copyrights © 2024






Journal Info

Abbrev

JSLE

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Antmind Review: Journal of Sharia and Legal Ethics is an academic journal that focuses on the multidisciplinary study of Islamic law (Sharia) and legal ethics in a global context. The journal presents in-depth articles on various aspects of Islamic law, including legal theory, legal practice, and ...