Hammad, Hamza Abed Alkarim
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MĪRĀTH ALMTḤWL JNSYAN DIRĀSAH FIQHĪYAH QĀNŪNĪYAH Hammad, Hamza Abed Alkarim
Islam Futura Vol 24, No 2 (2024): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v24i2.23548

Abstract

The aim of this study is discussing the contemporary Fiqh views on the impact of sex change on transgender inheritance and discuss them. The study followed the comparative critical inductive approach. The study ended up dividing the impact of sex change on transgender inheritance into two forms; the first: if the transgender is the inheritor, then his share is the share of the hermaphrodite formed according to the Hanafi school; to activate the principle of Ta'zir by taking money, and the position of Hanafi is necessary for the Jordanian Personal Status Law. If the transferee is the inheritor, there is no effect of the transferee on the share of the heirs.
Performing Curative Medical Experiments on Incurable Patients: Between Islamic Jurisprudence and the Laws of the Middle East Hammad, Hamza Abed AlKarim
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8965

Abstract

This study aims to elucidate the Islamic jurisprudential and legal ruling on conducting curative medical experiments on incurable patients. The study found it appropriate to divide those experiments into two parts. Firstly, medical experiments on incurable patients to secure a cure for the illness from which they suffer. Secondly, Medical experiments on incurable individuals produce a cure for an illness from which they do not suffer. The present study adopted the descriptive method grounded in describing the issue and then comparing and analyzing the jurisprudential opinions leading to the chosen opinion. The Study concluded that Emirati and Jordanian Laws and Islamic jurisprudence find it permissible to conduct medical treatment experiments underpinned by a set of parameters and restrictions.
MĪRĀTH ALMTḤWL JNSYAN DIRĀSAH FIQHĪYAH QĀNŪNĪYAH Hammad, Hamza Abed Alkarim
Islam Futura Vol 24 No 2 (2024): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v24i2.23548

Abstract

The aim of this study is discussing the contemporary Fiqh views on the impact of sex change on transgender inheritance and discuss them. The study followed the comparative critical inductive approach. The study ended up dividing the impact of sex change on transgender inheritance into two forms; the first: if the transgender is the inheritor, then his share is the share of the hermaphrodite formed according to the Hanafi school; to activate the principle of Ta'zir by taking money, and the position of Hanafi is necessary for the Jordanian Personal Status Law. If the transferee is the inheritor, there is no effect of the transferee on the share of the heirs.