By Rabiatul Adawiyah binti Ab Rahman
Introduction
Euthanasia, often referred to as “mercy killing,” is the act of intentionally ending a person’s life to relieve their suffering. Since the early 2000s, nations including Netherlands, Belgium and Spain have enacted law permitting euthanasia or assisted suicide under strict conditions, typically requiring that the individual faces a terminal illness, experiences intolerable suffering, and is a mentally competent adult. However, Malaysia remains firm in prohibiting the practice.
The debate on euthanasia raises profound moral, legal and religious questions: does a person have the right to end their own suffering, or does such act violate the sanctity of life? From the Malaysian perspective, the discourse extends beyond legal boundaries into ethical and spiritual realms, rooted in deep reverence of life. Guided by both the Penal Code (Act 574) and the principles of Maqasid al-Shariah, this article explores how the Malaysia’s legal framework and Islamic ethics intersect to uphold life as a divine trust that must not be prematurely ended.
Euthanasia Under Malaysian Law
Under Malaysian law, euthanasia is strictly prohibited. The Penal Code (Act 574) criminalizes any act of intentionally causing death, regardless of motive. Section 299 to 306 of the Code encompass offences such as culpable homicide, murder, and abetment of suicide.1 This means that both active and assisted euthanasia fall within the scope of criminal liability. There might be cases where consent is given, however Malaysian law does not recognize a “right to die,” as consent cannot serve as a legal defense for homicide.
The Malaysian Medical Council (MMC) likewise upholds the duty of doctors to act in their patients’ best interest and to maintain ethical integrity in end-of-life care. According to the Code of Professional Conduct (2019), a practitioner confronted with a living will or advance medical directive must discuss the matter with the patient’s family or next of kin before
deciding whether to comply.2 This reflects the MMC’s overarching principle of safeguarding patients while guiding doctors to preserve life and relieve suffering without deliberately hastening death.3
As noted by The Star in 2015, Malaysia has not enacted any legislation allowing “living wills” or advanced directives which is documents that record a patient’s end-of-life preferences.4 This stands in contrast with nations such as Belgium or the Netherlands as mentioned previously, where euthanasia is carefully regulated under stringent conditions. In Malaysia, the state’s legal framework reflects its moral and religious foundations, where life is viewed as sacred and inviolable.
Euthanasia in the Light of Shariah and Maqasid al-Shariah
From the Islamic perspective, euthanasia contradicts the very core of Shariah principles. Islam teaches that life and death are decreed solely by Allah SWT, and that no human being has the authority to end life intentionally. The Quran affirms this sacred boundary:
وَلَا تَقْتُلُوا۟ ٱلنَّفْسَ ٱلَّتِى حَرَّمَ ٱللَّهُ إِلَّا بِٱلْحَقِّ ۗ
“And do not kill the soul which Allah has made sacred except by right.” (Al-Isra,’ 17:33)5
Within the framework of Maqasid al-Shariah, the protection of life (Hifz al-Nafs) is one of the five essential objectives (al-daruriyyat al-khamsah) that Islamic law seeks to preserve.6 According to Hashi (2019), this objective not only forbids the taking of life but also promotes wellbeing (tahqiq al-maslaha) and the prevention of harm (daf’u al-darar).7 Thus, euthanasia violates the spirit of Shariah because it interferes with divine will and undermines the sanctity of human life.
Islam does not recognize a “right to die,” since human life is considered a trust (Amanah) from Allah. Suffering is viewed as a test of faith and a means of spiritual purification, not a justification for ending one’s life.8 The Prophet Muhammad (peace be upon him) advised believers not to wish for death, but instead to seek patience (sabr) and hope (raja’).
Yusuph et al. (2022) emphasize that euthanasia, whether voluntary or involuntary, constitutes a direct violation of Hifz al-Nafs, as it disrupts Allah’s divine decree.9 Islamic scholars such as Yusuf al-Qaradawi equate euthanasia with murder, though they permit the withdrawal of futile treatment when recovery is medically impossible.10 Similarly, Shiite scholars including Ayatollah Khamenei and Makarem Shirazi have ruled that euthanasia is haram (prohibited) even with the patient consent, since human beings do not possess ownership over their lives.11
Islam’s position on euthanasia reflects a balance between compassion and divine law. Mercy (Rahmah) is Islam does not justify ending life; rather, it calls for caring for the sick, relieving pain, and offering emotional and spiritual support. As Hasi (2019) concludes, medicine in Islam must align with Maqasid al-Shariah by preserving life, preventing harm, and honoring the Creator’s will.12
Ethical and Social Implications
The issue of euthanasia raises broader ethical concerns about autonomy, compassion, and the moral limits of human authority. Advocates argue that permitting euthanasia respects individual freedom and relieves suffering, while opponents emphasise the sanctity of life and the risk of moral erosion if killing becomes justified under the guise of mercy.
In Malaysia, where legal and religious values intertwine, the argument leans towards protecting life above individual choice. Compassion, within the Islamic and moral context, is expressed through care, empathy, and palliative support, not through the deliberate termination of life. As modern medicine advances and prolongs survival even in terminals conditions, the need for ethical clarity grows stronger. Malaysia’s integrated approach, rooted in both law and Shariah, reflects a compassionate yet principled stance that honors human dignity without crossing divine boundaries.
Conclusion
Euthanasia continues to challenge societies worldwide, evaluating the balance between mercy, morality, and law. While some nations have legalized the practice under strict conditions, Malaysia remains steadfast in its prohibition, a stance grounded in both legal obligation and spiritual principle. Under the Penal Code (Act 574), any intentional act leading to death constitutes a punishable offence, while Shariah reinforces this through the objective of Hifz al-Nafs, the preservation of life.
Through the lenses of Maqasid al-Shariah, life is a sacred trust, not an individual possession. True compassion lies not in ending life but in supporting it with dignity and empathy. Malaysia’s unwavering position reflects its moral foundation, one that upholds both human sanctity and divine wisdom in the face of modern ethical dilemmas.
Bibliography
Abdurezak A. Hashi, “The Applications of Maqasid al-Shari’ah in Medicine: An Overview,” Revelation and Science 9, no. 2 (2019): 6–8.
Badr Soudani Saadery, “Euthanasia in Iranian and Egypt Law,” European Scientific Journal, June 2014 (Special Edition): 203–205.
Ismael F. Yusuph et al., “Suggesting the Islamic Law Approach to the Practice of Euthanasia in Nigeria,” Jurnal Syariah 30, no. 3 (2022): 292–322.
Malaysian Medical Council, Code of Professional Conduct for Registered Medical Practitioners 2019 (Malaysia),
https://mmc.gov.my/wp-content/uploads/2022/04/Code-of-Professional-Conduct-2019.pdf.
Penal Code (Act 574), Malaysia.
The Star, “Euthanasia and Living Wills in Malaysia,” February 26, 2015.
The Quran, Surah Al-Isra,’ 17:33.
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