Euthanasia in South Africa: A Critical Analysis of Contemporary Legislative Issues in Relation to Religious Values
Despite death being one of the certain eventualities of life, religious, medical and philosophical factors appear to shape one’s idea about death. Medical advancements have introduced the possibility of exercising control over someone’s death and with that the potential for an expectation for a peac...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
| Published: |
Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2025-04-01
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| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| Subjects: | |
| Online Access: | http://jurnal.unissula.ac.id/index.php/ua/article/view/42182 |
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| Summary: | Despite death being one of the certain eventualities of life, religious, medical and philosophical factors appear to shape one’s idea about death. Medical advancements have introduced the possibility of exercising control over someone’s death and with that the potential for an expectation for a peaceful and dignified death. As a result, this controversial question can be posed: does one have the right to choose how and when to die, particularly when this right is exercised by another. Euthanasia and physician assisted suicide (EPAS) is one of the most contentious ethical debates worldwide. This debate is not novel, and some countries outrightly reject the legalisation of EPAS, with others electing to enact legislation to legalise and regulate the practise of euthanasia under certain conditions. The legislator in South Africa has been hesitant to legislate on this contentious matter, leaving the judiciary in an uncertain position to make ad hoc judgments without any guidance from Parliament. Religion, moral principles, and constitutional rights are at the centre of the debate. This article includes a comparative analysis of the present and potential future approach to euthanasia in South Africa. The position regarding euthanasia is also considered in terms of Christianity and Islam. The research is not empirical in nature but involves a literature study, based on research that includes primary and secondary sources. While Christianity and Islam prohibit euthanasia, it is proposed that legislation be promulgated in South Africa to regulate the legalisation of euthanasia under certain circumstances. |
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| ISSN: | 2597-6168 2597-6176 |