Fauzan
Universitas Pembangunan Panca Budi

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Juridical Study of the Concept of Maqashid Shariah in Inheritance Law in Indonesia Ali Sam'un; Fauzan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Inheritance law is an important part of Islamic law that aims to maintain justice and family welfare. This study aims to analyze the application of the concept of sharia maqashid in inheritance law in Indonesia, focusing on evaluating the conformity between the principles of sharia maqashid and applicable inheritance law regulations, such as the Compilation of Islamic Law (KHI) and customary law practices. The approach used is a juridical normative study with primary data analysis from the Qur'an, Hadith, and laws, as well as secondary data in the form of literature and related case studies. This research is expected to provide an in-depth picture of how the principles of sharia maqashid can strengthen justice and benefits in the distribution of inheritance. The results of the study show that inheritance law in Indonesia still faces challenges in harmonizing between Islamic, customary, and national law. Sharia maqashid principles, such as the protection of property (hifz al-mal) and descendants (hifz an-nasl), are often not fully accommodated in the implementation of inheritance law. Although the KHI has attempted to accommodate Islamic law, differences in interpretation and customary influences often lead to inconsistencies with the main purpose of sharia maqashid. In some cases, the distribution of inheritance actually creates conflicts that are contrary to the principles of justice and family welfare. This study recommends inheritance law reform in Indonesia with a maqashid-based approach to sharia to ensure harmony between positive law, custom, and Islamic principles. This effort can be carried out through policy revisions, increasing the socialization of sharia maqashid, and empowering the community in understanding the importance of justice in inheritance law. Thus, inheritance law in Indonesia can be more oriented towards achieving sharia goals in protecting individual rights and creating harmony in society.
Legal And Ethical Aspects Of Medicine In Handling The Effects Of Postoperative Anesthesia: Protection Of Patients' Rights And Physician Responsibilities Muliadi; Fauzan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The handling of postoperative anesthesia requires special attention to legal and medical ethical aspects, as it involves the patient's right to safe treatment and the doctor's responsibility in providing services according to professional standards. The importance of legal protection and the application of medical ethics is becoming increasingly relevant given the potential complications of anesthesia that can affect the patient's quality of life. This article highlights two main areas, namely the protection of patient rights, such as the right to clear and honest information about the risks of anesthesia, as well as the responsibilities of doctors, including the obligation to ensure patient recovery and avoid medical negligence. This study uses a qualitative method with a juridical-normative approach. Data were obtained through analysis of health law literature, principles of medical ethics, and review of legal cases related to anesthesia malpractice. This approach provides systematic insight into the relationship between legal regulation and ethical principles in medical practice. The results of the study show that negligence in providing adequate information to patients regarding the effects of anesthesia can trigger legal conflicts, such as malpractice lawsuits. In addition, doctors' non-compliance with medical ethical principles, such as nonmaleficence (not harming patients), can damage patient trust and the reputation of the medical profession. In conclusion, the integration between legal protection and the proper application of medical ethics is key to improving the quality of postoperative care, protecting patient rights, and ensuring that doctors' responsibilities are optimally fulfilled.