Bioethics in Faith and Practice, Volume 3, Number 1
Bioethics in Faith and Practice ⦁ 2017 ⦁ Volume 3 ⦁ Number 1 31 2. Islamic law and ethics normally restrict any physician actively intervening to terminate a patient’s life, thus ruling out active euthanasia of whatever category. The question of medical futility, however, remains subject to debate and may influence a decision to euthanize on grounds of dignity. But, normally this is under circumstances of terminal illness, which does not apply in the case of Mr. Hossain’s request. It is also clear that: 3. The present analysis seeks to contribute to an informed moral and legal deliberation that is reasonably to be advanced in Bangladesh, despite the claim of some (religiously minded) individuals that such discourse should be impermissible in a Muslim-majority setting. The fact is that Bangladesh’s Constitution provides for religious pluralism, despite the identification of Islam as a religion of state, in which case any argument reasonably allows for democratic principles including freedom of expression on these matters consistent with the development of public health policies and professional ethics. The Constitution also intends a secular approach to governmental authority (in contrast to a nation-state manifestly considered an “Islamic Republic”). Hence, there is today neither legal nor moral barrier to public deliberation about euthanasia in Bangladesh. More positively said, there are good and compelling moral and legal reasons to further this public discourse. 1 Kushtia Office, (2017, Jan 24). Appeal for Euthanasia. Prothom Alo , Retrieved on January 24, 2017 from http://en.prothom-alo.com/bangladesh/news/136745/Appeal-for-euthanasia . 2 The phrase ‘legally sanctioned killing’ is from Daniel Callahan, ‘Aid-in-Dying’: The Social Dimensions. In Bass, B. (Ed.) (1991). Analyzing Moral Issues . New York: McGraw Hill. 210. 3 Philosophers normally distinguish between active and passive euthanasia, the former identifying actions that deliberately cause death and the latter identifying actions that merely allow a patient to die. The distinction of voluntary, involuntary, and non-voluntary refers to individuals choosing, not choosing, or incapable of choosing, respectively. 4 United Nations, Office of the High Commissioner for Human Rights, Convention on the Rights of the Child , Retrieved on March 12, 2017 fro m http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx . 5 United Nations Childrens Fund (UNICEF), General Assembly, Declaration of the Rights of the Child , 02 September 1990, Retrieved on March 12, 2017 fro m https://www.unicef.org/malaysia/1959-Declaration-of-the- Rights-of-the-Child.pdf . 6 There is no publicly disclosed information as to what ‘mentally challenged’ here means, although generally it is understood locally to mean someone having some degree of mental illness (as manifest in capacity to comprehend and engage daily life events) even if not formally diagnosed as such by medical authorities. There is no public information provided whether she comprehends the husband’s request or opines one way or the other on the matter. In the latter case, especially in the case of Bangladeshi Muslims living in villages, a woman is expected to restrict herself to the private domain of the household and would not be expected to counter her husband’s authority. 7 Walker, Peter (2017, January 24). Bangladeshi Man Begs Government to Euthanize his Sons and Grandson Who Have Same Genetic Disorder. Independent . Retrieved on March 08, 2017 from http://www.independent.co.uk/news/bangladesh-man-tofazzal-begs-government-euthanise-sons-grandson-duchenne- muscular-dystrophy-a7543051.html . 8 Muscular Dystrophy Association, Retrieved on 05 March 2017 from https://www.mda.org . 9 Average monthly salary in Bangladesh is approximately US$342, yet this is not the level of income of a fruit-seller such as the father is, whose income varies by season and is usually a matter of daily income from daily sale at limited volume. A comparative cost of living is available a t https://www.numbeo.com/cost-of-
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