Rights Of The Suspect
To Obtain Medical Treatment While In Detention
Rights Of The Suspect To Obtain Medical Treatment While In Detention
Under Islamic Law
Under Islamic law, the suspect must be treated with benevolent (al-ihsan)
treatment while in detention. The hadith relating to a woman from Juhaynah
is unequivocal. When she confessed her guilt in the presence of prophet SAW
called her guardian (al- wali) and asked him to treat her benevolently
and bring her back after giving birth to her child. [1]
In another hadith, it is narrated that a man who drank wine was
brought to the prophet SAW. The prophet SAW asked the companions may god
pleased with them to beat the man, and when they finished, someone said him, “May
Allah disgrace you!” on that the prophet SAW said, “ Do not say so, far
you are helping satan to overpower him.”[2]
This hadith show clearly that a convicted person – and with greater reason
the suspects – must be treated in benevolent way, even harsh words toward him
is prohibited.
One of the most important way to treat the suspect benevolently is
to take care of his health. It is narrated that Umar Bin Abd Aziz wrote ti hid
governors asking them to take of prisoners health.[3] Similarly,
Ali Bin Isa Bin Jarah Asked Sinan Bin Thabit to make an arrangement for doctors
to visit prisoners and give medical treatment for those who were sick.[4]
Consequently, the authority must allow those who are banished or
accompanied to obtain medical treatment when they need it. Those who are
detained in the prison, must be provided with doctors, medication and all
necessary and suitable equipment of the treatment. The medical treatment has to
be carried out at the place of detention.[5]
Right Of The Suspects To Obtain Medical Treatment While In Detention
Under Malaysian Law
There are clear provisions under prison act 1995 about the rights
of the suspects to obtain medical treatment while in prison. Section 14 of the
act clarifies that the minister charged with responsibility for the health
services shall, whenever the circumstances permit, appoint from the staff of
the ministry of health, a Medical Officer and Dental Officer for each of the
prisons. If the circumstances do not the appointment, the minister may appoint
any registered medical practitioner or any registered dentist to be the Medical
Officer or Dental Officer of any particular prisons.
Section 37 of the prison Act 1995 provides that in case of serious
illness of a prisoner confined in a prison in which there are inadequate
facilities in a prison for the treatment of that prisoner, the Officer – in –
charge may, on the certificate of a Medical Officer, make an order for the removal of the prisoner
to a government hospital.
Section 40 of the Act states that it shall be the duty of the
medical officers of the hospital to which a prisoner has been removed under
section 37 to provide all assistance in order to ensure that necessary
precautions for preventing the escape of the prisoner under treatment in the
hospital have been taken. In addition, section 41 spells out that, where from
the gravity of the offence for which a prisoner may be in custody or for any
other reason, the Officer -in- charge considers it desirable to take desirable
to take measures for the security of a prisoner while under treatment in a
hospital, he may, in the event of there being no prison officer available,
place the prisoners into the charge of two or more fit and proper persons, one
of whom shall be with the prisoner at all times.
Rights of The Suspect To Continue Of Relationship With His
Relatives And Friends While In Detention
Rights of the suspect to continue his relationship with his relatives and friends while in detention under Islamic law
There are many Quranic verses and hadith which urge a muslim to
maintains his good relationship with his relatives and friends. Allah SWT says
in the Quran: “ serve god, and join any partners with Him; and do good to
parents, kinsfolk, orphans, those in need, neighbours who are near, neighbours
who are strangers, the companion by your side, the wy farer ( ye meet), and
what your right hand possess: for God loveth not the arrogant, the
vainglorious.” [6]
it is narrated that the prophet SAW says: “ al-Qati’ (the person who servers
the bond of kinship) with nit enter paradise”.[7]
Allah SWT and his messenger advised ways to strengthen the suspects
relationship with his relatives and friends. For example, to visit the sick; to
attend funeral and so extend congratulatory or sympathy message. All these
advises are in general common even to those who are not under detention. It is
therefore recommended that the authority should allow the suspect to continue
his relationship, with his relatives and friends, while in detention.
Accordingly, most to muslim scholars are of the opinion that the
authority should allow the visit of a person’s relatives and friends while he
is in detention. Moreover, according to them, the spouse of the prisoner should
be allowed to be alone with him in suitable room – if there is any – in the
prison. However, they feel that the authority should prevent should visit of
the someone who may harm the prisoner or the process of investigation and
detention, such as someone who may teach the prisoner how to escape from the
prison.[8]
Some maliki scholars’ view is that the authority should allow the
prisoners to go out on bail to visit his close relatives and friends who
are in serious illness and to give his
report to them when they die.[9] In
contradiction, Hanafi scholars feel that the prisoner should not be allowed to
go out in such situations because this is against one of the purposes of
imprisonment which is to hinder the prisoner and to prevent him from acting
freely as part of the punishment.[10]
[1] Muslim, sahih
muslim, 11/204- 205.
[2] Al-bukhari,
sahih al-bukhari, 12/77.
[3] Ibn sa’d ,
al-tabaqaat al-kubra, 5/356.
[4] Al- Qafti,
tarikh al-hukama’, 193.
[6] Al-Quran, 4:36.
[7] Al-Bukhari, Sahih Bukhari, 10/508.
[8] Al-Sharbini, Mughni Al- Muhtaj, 2/157.
[9] Al-Zarqani, Sharh Muwatta’ 5/281.
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