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All Journal Al Hakam: The Indonesian Journal Of Islamic Family Law And Gender Issues Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Herfin Fahri
IAI Al Hikmah Tuban
Law, Crime, Criminology & Criminal Justice

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TASYRȊḤ AL JATSTSAT (AUTOPSI): Fungsi dan Urgensinya dalam Kedokteran Perspektif Hukum Islam Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (2021): Al Hakam
Publisher : Prodi Hukum Keluarga Fakultas Syari'ah IAI Al Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (394.528 KB) | DOI: 10.35896/alhakam.v1i2.243

Abstract

This article discusses the autopsi (tasyri>h} al Jatsts\at) in the perspective Islamic law. In this modern era, autopsies are an alternative choice for the medical and police to resolve a criminal case. So there needs to be a discussion regarding how the scholars of jurisprudence punish the autopsy. This study uses a qualitative research type with a literature review approach. Researchers conduct studies and analyzes of various literatures relevant to the topic to obtain information. Through this literature review, it was found that there were ikhtilaf from fiqh scholars in judging autopsies. Some scholars do not allow forensic autopsies because they can damage the corpse and violate the honor of the corpse. However, some other scholars allow forensic autopsies on the grounds of realizing the benefit of the ummah (mashalih mursalah). Tasyri>h} al Jatstsat or autopsies are allowed if they have aclear and good purpose, such as for educational purposes (anatomical autopsies), for scientific purposes (clinical autopsies), and for justice (forensic autopsies). Anatomical autopsies are needed by medical or other health students in order to study anatomy or parts of the human body. A clinical autopsy is needed by a doctor to observe a case of a disease suffered by a patient who dies for the development of medical science. And a forensic autopsy is needed to help law enforcement officers or the police to determine the cause of someone's death that involves a crime. Dissection of forensic corpses is allowed to establish the law fairly as stated in (QS. An-Nisa [4]: 58) that we as Muslims are encouraged to set the law between humans fairly. An autopsy is not justified by religious law if there is no emergency cause, does not cause benefit and is not accompanied by permission from the heirs.
TASYRȊḤ AL JATSTSAT (AUTOPSI): Fungsi dan Urgensinya dalam Kedokteran Perspektif Hukum Islam Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i2.243

Abstract

This article discusses the autopsi (tasyri>h} al Jatsts\at) in the perspective Islamic law. In this modern era, autopsies are an alternative choice for the medical and police to resolve a criminal case. So there needs to be a discussion regarding how the scholars of jurisprudence punish the autopsy. This study uses a qualitative research type with a literature review approach. Researchers conduct studies and analyzes of various literatures relevant to the topic to obtain information. Through this literature review, it was found that there were ikhtilaf from fiqh scholars in judging autopsies. Some scholars do not allow forensic autopsies because they can damage the corpse and violate the honor of the corpse. However, some other scholars allow forensic autopsies on the grounds of realizing the benefit of the ummah (mashalih mursalah). Tasyri>h} al Jatstsat or autopsies are allowed if they have aclear and good purpose, such as for educational purposes (anatomical autopsies), for scientific purposes (clinical autopsies), and for justice (forensic autopsies). Anatomical autopsies are needed by medical or other health students in order to study anatomy or parts of the human body. A clinical autopsy is needed by a doctor to observe a case of a disease suffered by a patient who dies for the development of medical science. And a forensic autopsy is needed to help law enforcement officers or the police to determine the cause of someone's death that involves a crime. Dissection of forensic corpses is allowed to establish the law fairly as stated in (QS. An-Nisa [4]: 58) that we as Muslims are encouraged to set the law between humans fairly. An autopsy is not justified by religious law if there is no emergency cause, does not cause benefit and is not accompanied by permission from the heirs.
Co-Authors Vita Fitriatul Ulya