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HUKUM ABORSI BAGI JANIN CACAT GENETIK DALAM PRESPEKTIF FIQIH KONTEMPORER Salmi Wati Rumadan; Eka Dahlan Uar; Djumadi
TAHKIM Vol. 19 No. 2 (2023): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v19i2.4289

Abstract

Abortion is one of the reproductive health issues that receives very serious attention, and is both emotionally draining. Various circles have discussed it in the frame of endless debates and dissents. Abortion is a problem that has always been considered very danceable to be discussed, related to the many abosrsi that women do cause many problems among society and in religious views, especially islam itself. But what if the aborais that do as upayah protect the interests of the mother and the fetus is then Islam allows it by performing an abortion . This research will discuss the Law of Abortion for genetically handicapped jani in the perspective of Contemporary Fiqh . The existence of abortion often gives rise to many different paradigms that can be legalized or illegal . . The diversity of views on the lebality of abortion is the reality of normative discourse that is proclaimed by various groups to answer the problems that arise in society .  The point of " upright " and the polarization of this difference of view is the extreme difference to the right to life of the fetus / embryo or the defense of the interests of the woman who conceives .Keybort : Abortion, Genetic Defects, Contemporary Fiqh
KOEKSISTENSI NILAI TRADISI BATANATI MASYARAKAT PULAU BURU DENGAN HUKUM ISLAM Tuti Haryanti; Sahur Ramsay; Eka Dahlan Uar; Risna Siompu
TAHKIM Vol. 21 No. 1 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i1.9611

Abstract

Batanati is a tradition of the Batujungku community on Buru Island which is carried out before a celebration. The community helps each other by handing over a sum of money to the owner of the celebration and is mandatory. This study aims to explore the substantive values ​​of the batanati tradition of the Buru Island community and its coexistence with Islamic law. This study uses empirical research using primary and secondary data. Furthermore, the data obtained is then analyzed based on the perspective of Islamic law. This study uses a conceptual and historical approach to reveal the coexistence of the substantive values ​​of the batanati tradition with Islamic law. The results of the study show that the batanati tradition is an interaction between individuals that contains local wisdom, namely the values ​​of mutual assistance, unity, togetherness and brotherhood. These values ​​become a reference and are cultivated by the community in each generation so that they become a social force. In an Islamic perspective, the batanati tradition is categorized as 'urf Sahih because it is a habit that has been carried out from generation to generation and can also be accepted and carried out by many people and does not conflict with sharia'. Therefore, the Batanati tradition needs to be maintained and the Batanati tradition continues to prioritize deliberation and consensus in order to be in line with Islamic values. Keywords: batanati tradition, islamic law, values