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All Journal Journal Of Law Sciences (Legisci)
Faridz Anwar, Ahmad Faridz Anwar1
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Law, Crime, Criminology & Criminal Justice

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Qaeda al-Yaqinu Laa Yuzaalu Bisyak and its Implementation in Fiqh Law Faridz Anwar, Ahmad Faridz Anwar1; Djumhur Salikin, Adang
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.13

Abstract

The fundamentals of Islamic law, or usul fiqh, must be learned as part of the fiqh study process. Al-Yaqinu Laa Yuzaalu Bisyak, which translates to "certainty is not removed by doubt," is one of the tenets of usul fiqh. The descriptive qualitative approach of research is thought to be appropriate for this piece of literature. The law of something remaining is known as yaqn li yazl bi al-syak and is based on the conviction that it cannot be eliminated unless there is a convincing reason and that it is not necessarily doomed to disappear simply because a doubt surfaces. The Word of Allah SWT, found in Quranic letter Ynus verse 36, serves as the legal foundation for the reign of al-Yaqn li Yazl bi al-Syak. Additionally, there is the Hadith regarding the person who feels something in his prayer as well as the Word of Allah (swt) in Surah Al-Najm Verse 28 of the Quran. The application of the fiqh's al-Yaqn l'Yazl bi al-Syak norm can be seen in the following areas: ablutions, payables, marriage contracts, and flowers. Qaidah Al-Yaqinu Laa Yuzaalu Bisyak and Its Implementation in Fiqh Law is the title of this study.
Review of Islamic Law on the Advancement of IVF Reproductive Technology in a Positive Legal Perspective Faridz Anwar, Ahmad Faridz Anwar1
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.60

Abstract

Every couple who has just married will feel incomplete if their marriage is not blessed or does not have children as proof of the love of the couple. This study aims to find out the review of Islamic law on IVF reproductive technology and positive legal perspectives in regulating IVF reproductive technology. The research method that is considered suitable for this writing is descriptive qualitative method. In this study there are two conclusions. First, in the perspective of Islamic law there are categories of fiqh that allow and there are also those that prohibit IVF. Whereas in Islamic law the Maqasyid AsSyari'ah category, IVF is permissible, because for the sake of benefit, the category protects offspring. Second, legally, the implementation of artificial insemination in Indonesia must always refer to Law no. 36 of 2009 concerning Health. This law stipulates that the implementation of an artificial insemination program must be carried out in accordance with the norms of law, religion, decency and decency. This law regulates that in the implementation of the artificial insemination program in Indonesia, it is not permitted to use the uterus belonging to a woman who is not his wife.
Co-Authors Djumhur Salikin, Adang