CONCEPTUAL AND THEORETICAL APPROACHES TO THE RIGHTS OF MUSLIM PATIENTS UNDER SHARI’AH

Abstract

Observance of the Muslim patients’ rights faced several challenges chiefly due to lack of official recognition amongst the medical practitioners and other healthcare providers. In addressing the challenges, the article adopts doctrinal research methodology. The article, with the aid of the conceptual and theoretical approaches, shed light on the meaning and essence of the Muslim patients’ rights. The article examines the concepts of medical treatment, halal medical service, same-sex medical treatment and opposite-sex medical treatment regarding the Muslim patients’ rights. The article also examines the maqasid, sociological, utilitarian, client-centered therapy and divine command theories in relation to the Muslim patients’ rights. Through the conceptual and the theoretical approaches, the article orchestrates that the Muslim patients’ rights are genuine rights which the Muslim patients deserve because they are inseparable from their religious practices. The article recommends emulation of the 21st century all-inclusive medical law practice that gives room for the official recognition of the Muslim patients’ rights in the country.