Jitlada Waiyasil. Performance of post mortem inquests on the corpses of Muslims in accordance with Islamic law . Master's Degree(Medical and Public Health Law Administration). Mahidol University. : Mahidol University, 2007.
Performance of post mortem inquests on the corpses of Muslims in accordance with Islamic law
Abstract:
This study was qualitative research conducted to explain the performance on
post mortem inquests on the corpses of Muslims in accordance with Islamic law, and to
propose guidelines for drafting regulations on such inquests in Thailand. The sample
group consisted of 17 Islamic academics from the Office of the Chularatchamontri and
representatives of Sunnis and Shia selected by the purposive sampling method. Data
collection was done by in-depth interviews from February to August 2006, and the data
was analyzed by content analysis.
The results revealed that the performance on post mortem inquests on Muslim
corpses in accordance with the Islamic law should be based on the Islamic jurisprudence
principles of necessity and interest. The post mortem inquest should be done in
necessary cases: to investigate in criminal cases or to prevent epidemics: to gain benefits
for medical studies;and if there are reasonable grounds to believe that a person has died
unnaturally. Male forensic physicians should be prohibited post mortem inquests on the
corpses of female Muslims unless there is no female forensic physician on duty.
However, prior performance should be consent from the deceased’s heirs. If the
deceased’s heirs can not be reached, the Office of Chularatchamontri should make the
decision instead. The deceased’s dignity must be guarded as much as when he/she was
still alive, and the post mortem inquest must be done as quickly as possible.
This study revealed is better understanding of the Islamic law on post mortem
inquests, which could lead to improving of regulations guidelines concerning the post
mortem inquest for further consideration to practice in Thailand