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All Journal Al-Aqwal : Jurnal Kajian Hukum Islam HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Sabubu, Theo Alif Wahyu
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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DINAMIKA POLITIK HUKUM DALAM POSITIVISASI HUKUM PERDATA ISLAM DI INDONESIA Sabubu, Theo Alif Wahyu
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 4 No. 1 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v4i1.1905

Abstract

This article aims to analyze the political-legal dynamics in the process of the positivization of Islamic civil law in Indonesia from the colonial period, independence, the Old Order, the New Order, up to the reform era. The focus of the study is directed toward explaining how political configurations, socio-religious forces, and the state’s ideological orientation influence the level of acceptance, forms of regulation, and scope of application of Islamic law within the national legal system. This research employs a normative-juridical method with a historical approach, involving analysis of legislation, doctrinal sources, and the political-legal dynamics underlying the legislative process. The findings show that the positivization of Islamic civil law has taken place gradually through compromises between nationalist-secular and nationalist-Islamic political forces, with Pancasila serving as the philosophical foundation for harmonizing sharia norms with national law. The conclusion emphasizes that the success of the positivization of Islamic law is strongly influenced by political configurations, the consolidation of the Muslim community, and the ability to formulate sharia norms that are contextual, moderate, and aligned with the principles of the Pancasila-based rule of law
Transplantasi Organ Tubuh Sebagai Metode Pengobatan Dalam Pandangan Hukum Islam Kontemporer: Organ Transplantation As A Medical Treatment In The Perspective Of Contemporary Islamic Law Sabubu, Theo Alif Wahyu
ISTIDLAL Vol 4 No 02 (2025): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v4i02.1904

Abstract

This study aim to examine the legal status of organ transplantation from the perspective of contemporary Islamic Law, including donations from living donors, deceased donors, and non-Muslim donors, as well as to identify the ethical, legal, and medical principles that govern its permissibility. The research employs a library-based method with a normative-theological approach by reviewing classical Islamic jurisprudence, contemporary scholarly opinions, resulotions of international fiqh bodies, and relevent fatwas issued by the Indonesian Council of Ulama (MUI). The findings show that most contemporary scholars permit organ transplantation based on the principles of maqasid al-shari’ah, particularly the preservation of life (hifz al-nafs), provided that the procedure does not cause significant harm to the donor, is supported by valid consent, and is free from any commercial elements. Transplantation from deceased donors is likewise deemed permissible under conditions of necessity and with due respect for the dignity of the corpse. Additionally, the use of organs from non-Muslim donors is allowed since organs do not possess religious identity. In conclusion, organ transplantation is acceptable within Islamic law as long as it complies with established shar’i principles, ethical medical standards, and regulatory requirements, and aligns with the overarching objective of preserving human life.
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