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All Journal An-nisa: Journal of Islamic Family Law Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Sajjad Hussain
Cyprus international university
Religion Law, Crime, Criminology & Criminal Justice Other

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Legality of Refusal to Provide BPJS Patients Health Facilities Based on Fatwa of The Indonesian Ulema Council (MUI) Muhammad Azis Satria; Iwan Iwan; Sajjad Hussain
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 1 (2023): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i1.2953

Abstract

This research delves into the legal consequences and Sharia compliance aspects of rejecting BPJS Kesehatan (Healthcare and Social Security Agency) patients in Medan City. Employing an empirical research methodology with interviews and a conceptual approach, the study explores rejection factors such as incomplete administrative files and inadequate facilities. Guided by DSN-MUI Fatwa NO.98, the findings highlight that rejecting BPJS patients exposes health facilities to civil, administrative, and criminal sanctions. Despite efforts by the Indonesian Ulema Council (MUI) to guide Sharia compliance, challenges persist in the effective implementation of the fatwa by BPJS Health and affiliated facilities. Technical and systemic gaps hinder seamless alignment with Sharia principles. The study emphasizes the urgent need for policy adjustments to bridge the gap between legal requirements, Sharia compliance, and the efficient functioning of the healthcare system. Contributing to ongoing discussions, this research advocates for comprehensive solutions to ensure equitable healthcare access for all Indonesian citizens. By addressing the intricacies of BPJS Kesehatan patient rejections within the context of Sharia principles, the study provides valuable insights for policymakers, healthcare practitioners, and stakeholders striving for a more effective and inclusive healthcare system in Indonesia 
The Failure of the Realization of Maqāṣid al-Nikāḥ as a Reason for Divorce in Contemporary Households Muhammad Faqih Faiq Nurrus Falah; Arif Husnul Khuluq; Amjad Hamad Abdullah; Sajjad Hussain
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 3 (2026): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i3.578

Abstract

Divorce is a family law issue that reflects the non-achievement of marital goals and is influenced by various legal, social, and relational factors. This study aims to analyze maqāṣid al-nikāḥ as a benchmark for household success and evaluate the suitability of the reasons for divorce in Indonesia's positive law with the substantive goal of marriage. This study uses normative legal methods with a statutory and conceptual approach. Data were collected through literature studies on laws and regulations, Compilation of Islamic Law (KHI), and relevant literature, then analyzed descriptive-analytically. The results of the study show that maqāṣid al-nikāḥ can be used as an evaluative framework to assess the success and failure of the household through the achievement of peace (sakinah), affection (mawaddah wa rahmah), fulfillment of the rights and obligations of husband and wife, family protection, and sustainability of benefits. The reasons for divorce in Indonesian positive law have basically accommodated most of these dimensions through concrete juridical indicators, such as constant disputes and quarrels, neglect, and violations of marital obligations. However, maqāṣid al-nikāḥ has not been explicitly formulated as an integrative framework in regulating the grounds for divorce. This study confirms that the integration of the perspective of maqāṣid al-nikāḥ can strengthen the interpretation of divorce law that is oriented towards justice and benefit. Therefore, it is necessary to strengthen substantive considerations based on the purpose of marriage in the examination of divorce cases, without overriding legal certainty, protection of the rights of the parties, and applicable legal provisions.
Co-Authors Amjad Hamad Abdullah Arif Husnul Khuluq Iwan Iwan Muhammad Azis Satria Muhammad Faqih Faiq Nurrus Falah