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All Journal Islam Futura Mazahib: Jurnal Pemikiran Hukum Islam Parewa Saraq: Journal of Islamic Law and Fatwa Review
Hammad, Hamza Abed Alkarim
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Constructing the Framework for Robotics Waqf Fatwa: Contemporary Islamic Jurisprudential Foundations for Accelerating Autism Therapy Hammad, Hamza Abed Alkarim
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v5i1.69

Abstract

The rapid integration of artificial intelligence technologies within the global medical landscape has precipitated significant discursive tensions in contemporary Islamic jurisprudence, particularly concerning the ethical boundaries and legal legitimacy of using anthropomorphic robots for highly complex therapeutic purposes. Robotic technologies, such as the NAO model, have been shown to play a crucial role in clinical interactions for children with autism. However, current muʿāmalah (Islamic transactional and social law) literature shows a profound analytical deficit concerning the validity of waqf (charitable endowment) for movable assets that visually intersect with the prohibition of showing animate beings, or taṣwīr (the representation or depiction of living beings). Therefore, this study aims to reconstruct legal reasoning that systematically synchronizes classical philanthropic doctrines with cutting-edge medical technology innovations through a Maqāṣid al-Sharīʿah (the objectives of Islamic law) approach and a comprehensive uṣūliyyah (principles of Islamic legal methodology) analysis of contemporary fatwā (authoritative legal opinions) consensuses. The results showed that the procurement and waqf ofanthropomorphic robots are Sharīʿah-compliant, based on the extension of qiyās (analogical reasoning) to pedagogical instruments and the principle of maṣlaḥah mursalah (unrestricted public interest), particularly in the protection of intellect and life. These considerations are prioritized over classical textual constraints, thereby offering a transformative legal-ethical framework capable of accommodating rapid medical-technological advancement to achieve sustainable human welfare in the digital era.
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