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Journal : Taruna Law

Analisis Penggunaan Narkotika dengan Alasan Kesehatan dalam Perspektif Hukum Pidana Islam dan Undang-Undang No 35 Tahun 2009 Tentang Narkotika Nasiri, Nasiri; Isa, Abdullah
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.64

Abstract

In Islamic teachings, there are five main objectives of Islamic law that appear. One of the five goals is maintenance of the mind. Therefore, in order to maintain the purity of the mind, it is forbidden to consume food or drink that damages the health of the human mind. Like narcotics, methamphetamine, and all kinds of other illegal drugs. However, this law does not apply to people who are sick and can only recover by consuming the drug. In other words, illegal drugs may be consumed when needed in order to achieve one's health. One of the uses of Narcotics for health reasons in Indonesia is legalized as contained in the law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, especially in article 7. Treatment is a step that is always related to society, where people always need treatment. Drugs containing narcotics are drugs that require special supervision from the pharmacy and are supervised by the government so that their use and circulation are not misused. The definition of narcotics is a substance or drug derived from a plant, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, relieve pain, and even cause dependence on the user. However, it is different for medical needs, narcotics can still be used. However, the use of narcotics in Indonesia must refer to the rules set by the Ministry of Health.
A Jurisprudential Analysis of in vitro fertilisation within the Framework of Islamic Law Nasiri, Nasiri
TarunaLaw: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.837

Abstract

The vitro fertilisation is an interesting subject to study. There is a chance that the child from in vitro fertilisation will not be recognized by the parents if it is different from expectations. Therefore, in terms of recognition, both in terms of positive law and Islamic law, it is an interesting problem to study. The aims of this study are: (1) to find out Islamic law views in vitro fertilisation; (2) to find out the form of sanctions insemination of in vitro fertilisation according to Islamic law. The design used in this study was normative legal research with a (statute approach) from the perspective of Islamic law. In this study, documentation data collection techniques were used. Analysis technique normative legal research, usedwas descriptive-analysis with evaluation, interpretive, construction, and content analysis. Islamic criminal law views on donor sperm insemination is halal in Islamic perspective. The law is the same as adultery and children born from this kind of insemination have the same status as children born outside of a legal marriage. Perspective of Islamic criminal law on perpetrators. Artificial insemination with in vitro fertilisation is restricted as is the law of fornication in adultery, however, artificial insemination with in vitro fertilisation is ta'zir on the grounds that the elements in the had of adultery are not fulfilled because there is no direct sexual intercourse.