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All Journal UIR LAW REVIEW Jurnal Hukum dan Peradilan
Anton Afrizal Candra, Anton Afrizal
Universitas Islam Riau
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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The Constitutionality Of The Practice Of Euthanasia Against Parents In Maqashid Sharia And Human Rights Candra, Anton Afrizal; Haji Abdullah, Raihanah Binti
Jurnal Hukum dan Peradilan Vol 13 No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.147-166

Abstract

Efforts to take a conscious action that can hasten the death of a person due to compassion and pity for the condition experienced by that person is called euthanasia or "qatlurrahmah" (killing out of compassion and sympathy). This study wanted to analyze whether or not a child should practice euthanasia against their parents who have been sick for a long time or suffer from chronic diseases that cannot be cured and even coma for a long time. The method used in this study is a normative legal method with a conceptual approach (conceptual approach) and legislation (statute approach). The results showed that the practice of euthanasia against parents was against maqashid sharia namely to realize the benefit of human life, especially the protection of the human body and soul (hifzhun Nafs), the right to live, and life as a form of protection of human rights as regulated in the Indonesian Constitution Article 28 A of the 1945 Constitution and reinforced by Article 28 I of the 1945 Constitution.
LEGALITY OF IJAB-KABUL IN ONLINE MARRIAGE FROM MAQASHID SHARIA PERSPECTIVE Candra, Anton Afrizal; Raihanah, Raihanah Abdullah
UIR Law Review Vol. 9 No. 1 (2025): UIR LAW REVIEW
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(1).22138

Abstract

  Technological advances and developments that are so rapidly giving birth and giving rise to various problems in family law, such as marriages carried out via online. In most people's view, marriage is a very sacred matter and according to prevailing customs, marriage is carried out directly. At certain times, circumstances demand that it is not in line with the custom of the marriage being carried out, such as very long distances or circumstances that make it impossible to gather during the COVID-19 pandemic. The validity of a marriage is determined by the perfection of the pillars and the conditions for a valid marriage. The existence of a prospective husband, prospective wife, guardian, 2 witnesses and a marriage agreement are the pillars of marriage, and must be carried out in one assembly, according to the consent and acceptance and the guardian does not depend on the terms and times in the future. Interpreting the meaning of an assembly, whether in the same place or at the same time, there are also differences of opinion among Islamic jurists. These differences of opinion lead to differences in establishing marriage laws via online. The first group stated that it was illegal due to caution in matters of the dignity and honor of women which led to legal consequences. The second group stated that it was permissible because they did not have a fundamental difference, only different locations and places of marriage.
Co-Authors Haji Abdullah, Raihanah Binti Raihanah, Raihanah Abdullah