Practical Problems in Applying Euthanasia Provisions between Sharia and Law

Abstract

Euthanasia is a matter not explicitly addressed by the Iraqi legislator in the Penal Code No. 111 of 1969. The act of ending the life of a terminally ill patient—whether through a positive action such as administering a lethal substance, or by withholding supportive treatment or disconnecting life support—remains subject to the provisions of premeditated murder stipulated in Article (405) of the law, which punishes with life imprisonment or a fixed term of imprisonment anyone who intentionally kills a person without legal justification. Furthermore, Article (40) of the same law, which permits cases of necessity, was not originally designed to encompass euthanasia, as it requires that the danger to life or property be grave and that the means of averting it be necessary. This does not readily apply to the actions of a physician who ends the patient's life out of compassion. This legislative vacuum creates a practical problem in Iraqi healthcare institutions. According to unofficial reports from the Iraqi Medical Association, decisions to discontinue life support or not initiate supportive treatment in cases of brain death or terminal illness are left to the individual discretion of doctors and hospital administrations, without any legal basis to protect them from criminal prosecution. This leads some to prolong the suffering of patients for fear of legal repercussions, while others proceed with these actions while concealing medical recommendations. This reality reveals the absence of legal controls and its serious consequences for patients' rights and the stability of medical practice.