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Advance Directives and Living Will for Muslims

24 August, 2024
Q What does Islam say about healthcare proxy, advance directives, and living wills?

Answer

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

The practices of advance directives, living will, and medical power of attorney, which are common in the West, are in harmony with Islamic law, and their use is permissible and legitimate.


Answering your question, The Assembly of Muslim Jurists of America, states:

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The practices of advance directives, living will, and medical power of attorney, which are common in the West, are in harmony with Islamic law, and their use is permissible and legitimate.

The patient has the right to appoint someone to act on their behalf in medical consent matters. In the event of the patient’s incapacity and the absence of the proxy, guardianship transfers to the blood relatives, who are the heirs, both women and men, according to the majority view.

If the secular laws grant guardianship to those other than the legal guardians, the legal guardian can request a proxy from the legal heirs or enforce their consultation.

If the patient’s condition and the nature of their illness are unknown, it is obligatory to initiate resuscitation to avert danger from them and as a precaution to preserve life. This is a communal obligation, and it becomes a specific duty for the doctor and medical team, who bear the legal responsibility.

Almighty Allah knows best.

Source: AMJA Online.

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About AMJA
Permanent Fatwa Committee of the Assembly of Muslim Jurists of America (AMJA)