Claim Missing Document
Check
Articles

Found 2 Documents
Search

Ulama's Role in Addressing Public Health Needs: The Case for or Against Breast Milk Banks? Misbachussurur; Khashogi, ‪Luqman Rico
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (2024)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v3i2.12598

Abstract

This research aims to analyze the legal and ethical implications of establishing breast milk banks (Bank ASI) in Indonesia, focusing on the differing opinions of contemporary Islamic scholars (ulama) regarding their permissibility. With the potential for a shift from donation-based systems to a commercial model, it is crucial to understand the moral and legal ramifications that may arise within the Muslim community. This study seeks to provide insights into how these banks can operate without conflicting with Islamic principles, thereby contributing to public discourse on this pressing issue. The research employs a qualitative approach, utilizing a literature review and comparative analysis of the views held by two prominent ulama: Hasbi ash-Shiddieqy, who supports the establishment of breast milk banks, and Umar Hubeis, who opposes them. Both scholars share a common educational background under Sheikh Ahmad Surkati, yet they arrive at divergent conclusions regarding the operational framework of breast milk banks. The study examines their arguments in detail, particularly focusing on the implications of milk mixing and its effects on familial relationships (radha'ah) as outlined in Islamic jurisprudence. In conclusion, this research highlights the complexities surrounding the establishment of breast milk banks in Indonesia from an Islamic legal perspective. The contrasting views of ash-Shiddieqy and Hubeis illustrate the ongoing debate within the scholarly community about how modern practices intersect with traditional Islamic values. By fostering dialogue among scholars and practitioners, this study contributes to a deeper understanding of how breast milk banks can be integrated into Muslim societies while respecting ethical and religious considerations.
Anak di Luar Kawin dalam Hukum Kewarisan Islam: Sebuah Ragam Perspektif dan Analisa Meidina, Ahmad Rezy; Misbachussurur
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (453.891 KB) | DOI: 10.24090/el-aqwal.v1i1.6778

Abstract

Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as it cannot be adequately proven.