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Supported Decision Making in Healthcare: Integrating the Principles of Sy?r?, Hifz al-Nafs, and Patient Legal Protection

Oct 2026 · Journal of Law and Social Politics · 0 citations

Abstract

Background: Medical consent may be formally valid while still failing to demonstrate patient understanding, voluntariness, and meaningful participation. Objective: This conceptual article examines supported decision-making as a model of legal protection for patients through the integration of sy?r? and hifz al-nafs. Methods: This literature-based conceptual paper uses a narrative-integrative synthesis of primary legal materials and scholarly literature on health law, informed consent, autonomy, supported decision-making, and Islamic bioethics. Results: The synthesis constructs a five-element model: patient primacy, understandable information, a patient-approved companion or facilitator, protection against domination or substitution of the patient’s will, and documentation of the decision-making process. Sy?r? functions as the deliberative procedure through which patients, families, and healthcare professionals clarify options without displacing the patient’s will; hifz al-nafs functions as the normative orientation toward life, safety, dignity, welfare, and harm prevention. Conclusion: The model reconstructs the procedural implementation of informed consent rather than replacing its legal doctrine. It provides a conceptual basis for process-based legal protection, while its practical effects require future empirical and normative validation.

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