إفشاء السر في الفقه الإسلامي: السر الطبي نموذجاً (Revealing Secrets in Islamic Jurisprudence: A Case Study of Medical Secret), (Penyebaran Rahsia Menurut Perspektif al-Fiqh al-Islami: Kajian Terhadap Rahsia Perubatan Pesakit)

2010 ◽  
Vol 7 (2) ◽  
pp. 1
Author(s):  
علي عارف
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Legal Issues ◽  
Religious Texts ◽  
Monetary Compensation ◽  
Prior Consent ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Civil Laws

ملخّص يرمي هذاالبحث إلى بيان القضايا الشرعية التي تتعلق بالسر المهني، وبيان ما أبداه الفقه الإسلامي المعاصر من اهتمام بأحكامها، مع ذكر المسوغات والاستثناءات الشرعية في إفشائه، وتأصيل ذلك تأصيلاً شرعياً. ولقد جمع الباحث بين المنهج الاستقرائي في تتبع النصوص الشرعية، وجمع آراء الفقهاء القدامى منهم والمعاصرين، ثم تحليلها والمقارنة بينها ثم ترجيح ما يراه الباحث راجحاً، مع الإشارة إلى أحكام القوانين الوضعية في مثل هذه الحالات. ولقد توصل الباحث إلى أن السر الطبي حق للمريض لا يحق للطبيب إفشاؤه إلا برضا المعني حفاظاً على الأمانة أو في حالات استثنائية محدودة، كما أنه جريمة يعاقب عليها تعزيراً في الفقه الإسلامي، مع إيجاب التعويض في حالة لحوق الضرر المادي. الكلمات الرئيسة: إفشاء السر، السر الطبي، خيانة الأمانة، كتمان السر، التعويض المالي. Abstract This research aims to explain Islamic legal issues related to professional secrecy, and state the views from the contemporary Islamic Jurisprudence on the matter. It also mentions Islamic legal rationale and exceptions to reveal secrecy, grounded on legitimate arguments. In doing so, the researcher combines between inductive approach in finding the relevant religious texts, and the opinions of classical and modern scholars, and analyzing them and comparing among them in order to arrive at the more proper opinion among them, with reference to the provisions found in current civil laws for such cases. The researcher found that medical secrecy is the right of the patient and in order to preserve the trustworthiness, the doctor may not disclose it without his (patient’s) prior consent, or he is allowed to disclose it only in certain exceptional cases. It is also found that it could become an offence under the Islamic law, which is punishable through discretionary judgment, and obligation of compensation in cases of physical damages to the patient. Key Words: Revealing Secrecy, Medical Secrecy, Betrayal of Trust, Hiding Secret, Monetary Compensation. Abstrak Kajian ini bertujuan untuk menjelaskan isu perundangan yang berkaitan dengan kerahsiaan dalam amalan profesional seterusnya menjelaskan pandangan dari Fiqah Islam kontemporari mengenai isu ini. Ia juga menyatakan sebab-sebab dan keadaan-keaadaan yang dikecualikan untuk melakukannya berdasarkan kepada hujah-hujah yang perundangan yang muktamad. Untuk tujuan  ini, penyelidik menggabungkan antara pendekatan induktif dalam mendapatkan teks-teks agama yang relevan dan juga pendapat ulama lama dan moden. Analisa dan perbandingan di antara pendapat-pendapat ini akan dibuat untuk melihat yang manakah di antaranya yang lebih kukuh berdasarkan juga kepada apa yang boleh didapati daripada undang-undang sivil semasa untuk kes-kes tersebut. Hasil kajian mendapati bahawa kerahsiaan perubatan adalah hak pesakit dan pegawai perubatan berkenaan tidak boleh mendedahkan perkara tersebut tanpa persetujuannya untuk menjaga apa yang telah diamanahkan kepadanya atau atau dalam keadaaan-keaadaan tertentu yang dikecualikan. Ia juga didapati bahawa pendedahan yang dilakukan boleh menjadi satu kesalahan yang boleh dihukum berdasarkan Undang-undang Islam, serta boleh dituntut ganti ruginya sekiranya ia melibatkan kemudaratan berbentuk fizikal yang mungkin dialami oleh pesakit. Kata Kunci: Penyebaran Rahsia, Rahsia Perubatan, Khianat, Menyimpan Rahsia, Gantirugi Harta.

scholarly journals The right to life in Islam Study of rights and jurisprudential rulings comparison

2015 ◽  
Vol 212 (1) ◽  
pp. 267-296
Author(s):  
Ph.D . Adel AbdulSattar AbdulHassan Aljanabi
Keyword(s):  
Second Life ◽  
Islamic Law ◽  
Right To Life ◽  
Human Right ◽  
Religious Texts ◽  
The Third ◽  
Search Volume ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Right

The right to life was the first fundamental rightsand the most important doctrinal rights approved by Islamic law for human dignity, and comes after other rights, it does not make sense to all the rights with the lack of this right. It is the right and most sacred and respected in the eyes of Islamic law, which necessitated the save and sponsorship and not abuse it, which it Makdt religious texts in the Qur'an and Sunnah frequent and categorical Sindh and significance. On the other hand these texts proved that the right to life in Islam Aigv when the human right to life, but in the right to life of animals and plants and all other living creatures. This research has dealt with the subject of the right to life and provisions that protect and preserve this right in Islamic law by detail because it is the most important kinds of rights in Islam, and the aim of the research is to demonstrate the keenness of Islam in its provisions and the provisions and purposes of the first priorities to save the soul and the bloodshed and respect the right to life, unlike what is happening today the waste of this right in the name of Islam with what we notice from a strong concern in the text and legal provisions of the emphasis on the sanctity of this right and worth the big In Islamic jurisprudence, we find all doctrinal matters related to this fundamental right, and associated legitimacy of the provisions, so ensure that this research to track some Matalq the right to life of the subjects, and the most important provisions in Islamic jurisprudence research and study in two sections: Section I with four demands: the first dealt with the concept of the right life, and in the second: rights jurisprudence in Islam, and in the third and fourth dealt with the right to life in the texts of the Qur'an and Sunnah. The second topic in which three demands: the first dealt with the right to life in the jurisprudence of rights, and the second dealing with some of the rulings affirming the sanctity of the right to life in a brief and whole, and in the third the right to life of the fetus in comparative jurisprudence will stand him Abeche detail in the Islamic Comparative Jurisprudence as permitted by Search volume first and because it represents the beginning of a fetus from the trip Second life.

PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

scholarly journals The Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat

2021 ◽  
Vol 5 (1) ◽  
pp. 153
Author(s):  
Ali Abubakar ◽  
Juliana Juliana ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Biological Fathers ◽  
Legal Marriage ◽  
Protection Of Life

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.

scholarly journals The Iddah Period as a Reason for Cancellation of Marriage

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 233
Author(s):  
Rahayu Mulia Romadoni
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Judicial Decision ◽  
Legal Argument ◽  
Legal Research ◽  
Case Study Methodology ◽  
Waiting Period ◽  
Religious Law ◽  
Study Methodology

The iddah period is a waiting period that applies to a woman whose marriage is broken legally through a divorce or physically through the death of a husband. Any woman who has not had a prior marriage must observe the iddah period. As one of the legal conditions of marriage, failure to complete the iddah period can result in the cancellation of any secondary marriages. In this study, judges release a verdict in accordance with the laws and legislation of Indonesia, namely Law No. 1 of 1974 on Marriage and a compilation of Islamic law found in Al-Qur'an and Hadith. This article uses legal research based on positive laws including judicial decision. This study concluded that if a marriage is prohibited for a failure to satisfy the condition of iddah, that marriage must be canceled. This article employs statute and conceptual approaches to legal research, as well as case study methodology, with the aim of departing from the views and doctrines that develop in law in order to build a legal argument that addresses legal issues.  Analyzing the Decision of the Mojokerto Religious Court Number 1365/Pdt.G/2014/PA.Mr, this study argues that prospective spouses are responsible for awareness of their prospective partners’ marriage eligibility and fulfillment of all requirements, material and formal, clearly stipulated in state and religious law. Keywords: Iddah, Islamic Law, Marriage Cancellation

scholarly journals Penerapan Teknologi Hidroponik Tanaman Sawi Sebagai Salah Satu Upaya Pencegahan Stunting di Desa Pikatan Kecamatan Gending Kabupaten Probolinggo

2020 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Junaidi Junaidi ◽  
Lukman Hakim ◽  
Muhammad Syarif Hidayatullah Elmas
Keyword(s):  
Key Words ◽  
Nutritional Quality ◽  
Qualitative Method ◽  
Technology System ◽  
Hydroponic Cultivation ◽  
Cultivation Technology ◽  
The Right

The activity was motivated by the problems in Pikatan Village regarding the issue of stunting and the fulfillment of malnutrition as one of the factors causing stunting. The fulfillment of malnutrition in children is an important point in this service, so that the improvement of nutritional quality by applying hydroponic technology of mustard plants is expected to be one of the right solutions to the problem of stunting in Pikatan Village. The qualitative method of the case study model is a method of activity that is appropriate to the conditions in the field. The implementation of this service uses a hydroponic cultivation technology system of mustard plants to optimize nutrition so that the community is able to apply the system as a solution in efforts to prevent stunting. Key words: stunting, hydroponics, mustard greens.

The Relevance of Islamic Law to Non-Muslims in Muslim Juridical Sources

2021 ◽  
Vol 60 (1) ◽  
pp. 9-30
Author(s):  
Amr Osman
Keyword(s):  
Everyday Life ◽  
Islamic Law ◽  
Real Life ◽  
Legal Issues ◽  
Legal Systems ◽  
Islamic Jurisprudence ◽  
Theoretical Issues

A standard question in early and medieval works of uṣūl al-fiqh (the theory and principles of Islamic jurisprudence) was whether non-Muslims were addressed by the specific rules of Islamic law and meant to abide by them. Despite some evidence that it was rooted in legal issues that early Muslim societies faced, a later trend in uṣūl al-fiqh turned it into a rather pedantic subject irrelevant to real life in these societies, as some notable Muslim jurists believed it to be. By examining how the question was discussed prior to the rise of the Ottoman and modern legal systems, this article argues that it likely originated in early discussions of real cases from everyday life in Muslim societies, an origin that was later obscured by abstract legal and theological discussions that nearly severed it from that early context and turned it into an offshoot of broader, mostly theoretical issues. This study examines that likely origin of the question, which contributes to our understanding of not only the question itself, but also the extent to which issues of uṣūl al-fiqh were related to actual considerations, even when they seemed only part of theoretical debates.

Induced Lactation by Adoptive Mothers: A Case Study

2014 ◽  
Vol 68 (1) ◽  
Author(s):  
Zilal Saari ◽  
Farahwahida Mohd Yusof
Keyword(s):  
Breast Milk ◽  
Islamic Law ◽  
Structured Interview ◽  
Adopted Children ◽  
Adopted Child ◽  
Adoptive Mothers ◽  
Breast Pump ◽  
The Right ◽  
The Relationship

Induced lactation is a method of stimulating breast milk, carried out by non-pregnant women. It is an alternative for women who are unable to have children naturally but wish to experience motherhood by adopting. In Islamic laws, breastfeeding by a woman of another person’s child will turn their relationship into that of a mother and her own child. The permissibility in Islamic law of breastfeeding another person’s child has been taken as an alternative way for adoptive Muslim mothers to “mahram”ise (a male/female who is forbidden permanently, forever) (or familiarize) the relationship with that adopted child. The objective of this study is to explore the experience of adoptive mothers who have breastfed their adopted children through the method of induced lactation. This study focuses on the technical aspects, on how an adoptive mother stimulates the production of breast milk despite not having gone through the process of pregnancy. This study uses the qualitative study method. This study interviewed 12 respondents comprising of Muslim females who had successfully nursed their adopted children before the age of two and fulfilled the requirement to nurse the child until he is fully satisfied for five sessions. The semi structured interview technique was carried out over a 6 months period between the years 2012 to 2013. Data analysis discovered that two methods of induced lactation were performed, i.e., hormone simulation and breast stimulation. This study also found two devices used in the process of breast stimulation, which are Supplemental Feeding Device and Breast pump. In summary, the process of induced lactation to nurse an adopted child can be a success with the right method, technique and equipment.

Prostitution, Islamic Law and Ottoman Societies

2012 ◽  
Vol 55 (1) ◽  
pp. 117-152 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Islamic Law ◽  
Legal Practice ◽  
Legal Writing ◽  
Islamic Jurisprudence ◽  
Legal Opinions

AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.

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