scholarly journals TRANSFUSI DARAH DALAM TIMBANGAN FIKIH: Antara Najis dan Maslahah Perspektif Kaidah al-Ḍarar Yuzāl

AKADEMIKA ◽  
2021 ◽  
Vol 15 (1) ◽  
Author(s):  
Achmad Fageh ◽  
Heny Lutfiana Hamdi

Blood transfusions are a new problem in Islamic law discourse. In the context of Jurisprudence studies, blood includes unclean objects material (lidzatihi). And there is no syar'i law that explicitly addresses the practice of blood transfusions. This confuses Muslim life. Risks and also benefits arising from the practice of blood transfusions both, from donors and recipients of blood donations (recipient) need to be considered by both. The purpose of this is to save the lives of the recipient either, because of accidents or diseases. The unlawful legal status of the use of blood becomes mandatory when faced with urgent needs, at a time when blood transfusions are the only way to save a person's life. In this case, it is based on the fourth principle Fiqhiyyah rule which is:  al-Ḍarar Yuza>l (الضَّرَرُ يُزَالُ) that the danger must be eliminated/prevented. So the practice of blood donation is a thing that must be done to avoid greater harm, for example, it will lose lives if it does not immediately make a blood donation. Also, it is revealed in a hadith narrated by Ibn Majah from Ibn 'Abbas, لَا ضَرَرَ وَلَا ضِرَر (not to fade and should not be harmed). Therefore,  in practice, blood transfusions need to have adhered to the procedural requirements of the health program to donors and recipients so as not only to eliminate the danger of recipients but also avoid harm to the donor.  

2011 ◽  
Vol 14 (1) ◽  
pp. 28 ◽  
Author(s):  
George Vretzakis ◽  
Athina Kleitsaki ◽  
Diamanto Aretha ◽  
Menelaos Karanikolas

Blood transfusions are associated with adverse physiologic effects and increased cost, and therefore reduction of blood product use during surgery is a desirable goal for all patients. Cardiac surgery is a major consumer of donor blood products, especially when cardiopulmonary bypass (CPB) is used, because hematocrit drops precipitously during CPB due to blood loss and blood cell dilution. Advanced age, low preoperative red blood cell volume (preoperative anemia or small body size), preoperative antiplatelet or antithrombotic drugs, complex or re-operative procedures or emergency operations, and patient comorbidities were identified as important transfusion risk indicators in a report recently published by the Society of Cardiovascular Anesthesiologists. This report also identified several pre- and intraoperative interventions that may help reduce blood transfusions, including off-pump procedures, preoperative autologous blood donation, normovolemic hemodilution, and routine cell saver use.A multimodal approach to blood conservation, with highrisk patients receiving all available interventions, may help preserve vital organ perfusion and reduce blood product utilization. In addition, because positive intravenous fluid balance is a significant factor affecting hemodilution during cardiac surgery, especially when CPB is used, strategies aimed at limiting intraoperative fluid balance positiveness may also lead to reduced blood product utilization.This review discusses currently available techniques that can be used intraoperatively in an attempt to avoid or minimize fluid balance positiveness, to preserve the patient's own red blood cells, and to decrease blood product utilization during cardiac surgery.


2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.


Author(s):  
M. Sharavina

The first successful blood transfusions were aimed at saving lives of patients with acute blood loss, application of donated blood is much wider today. Expansion of informational work with donors, including development of understanding in a donor concerning importance of the donor program in patient’s life, as well as creation of the Blood Service, which is responsible for promotion, collection of blood and its components, their storage and transportation, contributes to the development of regular and ongoing donation. The author reviewed the regulatory framework for blood donation.


Author(s):  
Nazish Jaffar

Background: Regular voluntary unpaid blood donation assures safe blood supply in association with minimum infection transmission. The purpose of this study was to identify the frequency of regular voluntary blood donation and to evaluate the causes of donating blood as well as factors impeding blood donations among the medical and nonmedical students of Karachi. Methods: A comparative cross sectional study was conducted among medical and nonmedical students of JSMU and NED University respectively from May to October 2018. Sample size was 272 including 137 medical and 135 non-medical students. Data was analyzed using SPSS version 22.0. Chi-square test of independence/ Fischer’s exact test were applied to assess statistical significance. Result: In medical group 5/21(23.8%) voluntary regular donors were recorded. In non-medical group, voluntary regular donors were found to be 8/30 (26.6%) (p>0.00). Medical students most commonly 15/21 (71.4%) donated blood voluntarily in a camp while non-medical participants frequently donated blood as replacement donors 13/30 (43.3%) (p>0.00). Major hindering factor for blood donation in both study groups was non-participation in blood donation derives i.e. 66/116 (56.8%) in medical and 53/105 (50.4%) in non-medical groups respectively. Anemia, 20/116 (17.2%) in medical and 15/105 (14.2%) in nonmedical students was the second major cause of not donating blood. Conclusion: The frequency of regular voluntary blood donations is very low among undergraduates. However, comparatively, the trend is slightly higher among non-medical group. The major hindrance in not donating blood was non-participation in blood donating derives.


2015 ◽  
Vol 72 (6) ◽  
pp. 489-494 ◽  
Author(s):  
Snezana Jovanovic-Srzentic ◽  
Ivana Rodic ◽  
Mirjana Knezevic

Background/Aim. Given that in each country students represent the most progressive population group, as of 2001, the Blood Transfusion Institute of Serbia (BTIS) has been carrying the program of voluntary blood donation promotion and education of volunteers at the University of Belgrade (UB). In 2011, the BTIS intensified all activities at the UB. The aim of this study was to present activities performed from 2001 at the Blood Donors` Motivation Department (DMD) of the BTIS related with increasing the level of awareness on voluntary blood donation in the Belgrade students` population, enhancing their motivation to become voluntary blood donors (VBDs), increasing the number of blood donations at faculties of the UB, and increasing the number of blood donations in the UB students population compared with the total number of blood units collected by BTIS in Belgrade, with the emphasis on the year 2013. Methods. Initially, the applied methodology was based on encouraging students to donate blood through discussions and preparatory lectures, followed by organized blood drives. Appropriate selection of volunteers at each faculty was crucial. Besides their recognisable identity, they had to have remarkable communication skills and ability to positivly affect persons in their environment. The applied principle was based on retention of volunteers all through the final academic year, with the inclusion of new volunteers each year and 1,000 preparatory lectures on the annual basis. The activities were realized using two Facebook profiles, SMS messages and continuous notification of the public through the media. Results. There was an increase in the average number of students in blood drives at the faculties from 2011, when the average number of the students per blood drive was 39, followed by 43 in 2012 and 46 in 2013. The number of students who donated blood in 2013 increased by 21.3% compared with 2012 data. Conclusion. The applied concept highly contributed to generation and retention of future VBDs willing to regularly donate blood in the coming years, with a minimum risk of transmission of transfusion transmissible diseases markers.


2018 ◽  
Vol 1 (1) ◽  
pp. 140-156
Author(s):  
Idia Isti Iqlima ◽  
Syahrizal Syahrizal ◽  
Ilyas Ilyas

Penukaran harta wakaf adalah penukaran harta wakaf dari bentuk semula ke bentuk yang lainnya hukum islam pada dasarnya perubahan status wakaf tidak diperbolehkan melakukan penukaran sebagaimana mazhab Maliki dan Syafi’i sangat menekankan pada keabadian harta benda wakaf walaupun sudah rusak atau tidak menghasilkan sesuatu. Pada Pasal 40 Undang-undang Nomor 41 Tahun 2004 tentang Wakaf dijelaskan harta benda wakaf yang sudah diwakafkan dilarang ditukar. Tujuan penelitian untuk mengetahui status hukum penukaran harta wakaf menurut hukum Islam dan Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf dan mengetahui mekanisme penukaran harta wakaf menurut hukum Islam dan Undang-undang Nomor 41 Tahun 2004 tentang Wakaf. Metode penelitian yang digunakan adalah jenis penelitian hukum normatif (yuridis normatif) dengan mengunakan data primer, data sekunder dan tersier. Hasil penelitian bahwa ada berbeda pendapat ulama dan madzhab tentang penukaran harta wakaf menurut hukum islam ada yang berpendapat melarang ibdal (penukaran) tanah wakaf sekalipun tanah tersebut tidak mendatangkan hasil sama sekali sebagian ulama lainnya memperbolehkan menukar tanah wakaf yang tidak atau kurang bermanfaat dengan tanah lain yang lebih baik namun dengan syarat-syarat tertentu. Dalam perundang-undangan tentang wakaf secara mutlak membolehkan penukaran karena yang menjadi sorotan bukan bentuk akan tetapi yang terpenting dari wakaf adalah fungsi dan tujuannya. Mekanisme penukaran menurut hukum islam harus melalui hakim yang shaleh yang mempunyai ilmu dan amal. Undang-undang nomor 41 Tahun 2004 tentang Wakaf dalam pasal 51 menyebutkan bahwa mekanisme penukaran dilakukan oleh nadzir dengan mengajukan permohonan tukar ganti kepada menteri melalui kantor urusan agama dengan menjelaskan alasan perubahan status dan hasilnya harus dilaporkan oleh nadzir ke kantor pertanahan dana atau lembaga terkait untuk pendaftaran lebih lanjut.The exchange of wakaf property is the exchange of wakaf property from its original form to another form of Islamic law basically the change of waqf status is not allowed to exchange as Maliki and Shafi'i school emphasize on the immortality of waqf property even if it is damaged or does not produce something. In Article 40 of Law Number 41 Year 2004 regarding Waqf, the wakaf property that has been proclaimed is prohibited to be exchanged. The purpose of this research is to know the legal status of the exchange of wakaf property according to Islamic law and Law Number 41 Year 2004 about Wakaf and know the mechanism of exchange of wakaf property according to Islamic law and Law Number 41 Year 2004 about Waqf. The research method used is the type of normative legal research (normative juridical) by using primary data, secondary and tertiary data. The result of the research that there are different opinions of ulama and madhhab about the exchange of wakaf property according to Islamic law there are those who argue forbidding ibdal (exchange) of wakaf land even though the land does not produce the result at all some other scholars allow swap land donation which is not or less useful with other land better but with certain conditions. In the legislation on waqf it is absolutely permissible to exchange because the spotlight is not the form but the most important of the waqf is its function and purpose. The mechanism of exchange according to Islamic law must be through a pious judge who has knowledge and charity. Law No. 41 of 2004 on Waqf in article 51 states that the exchange mechanism is done by nadzir by applying for exchange to the minister through the religious affairs office by explaining the reason for the change of status and the result must be reported by nadzir to the land office of the fund or the relevant institution for registration Furthermore.


2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.


2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).


Jurnal CMES ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Nur Hidayah

This article discusses the concept of Islamic aesthetics, which is the view of art and beauty according to Ismail Raji Al Faruqi and Seyyed Hossein Nasr, the representation of the two intellectual figures is seen as representing a pattern of religious understanding, especially with regard to the perspective of art objects in Islam. The aim is to explain descriptively the comparative views of the two modern Islamic thinkers and examine how Muslims respond to their thoughts in the Islamic art world today. furthermore, the article explain conceptually how religious art thought is believed and chosen as a basis in determining the direction and expression of art in the socio-cultural space. The method used in this study is descriptive qualitative analytic, with a religious philosophical approach to Islam, while data collection techniques are carried out through qualitatively described literature. The results show that aesthetics built on Sufistic conception and spiritual appreciation so distinctively in it’s paradigm. The Sufistic paradigm emphasizes how art encourages one's psyche without debating legal status, while monotheistic aesthetics built on the basis of dogmatism and belief in the faith underlines the exoteric level, the foundations that are considered permissible or not may not legally Islamic law. Community social responses and the selection of aesthetic views are sectarian in accordance with their religious beliefs.


Sign in / Sign up

Export Citation Format

Share Document