Parewa Saraq: Journal of Islamic Law and Fatwa Review
Vol. 1 No. 1 (2022): Parewa Saraq: Journal of Islamic Law and Fatwa Review

Istiḥālah and Ḍarūrah Theory Approach to the Law on the Use of Vaccines for Astrazeneca Products

Abdul Wahid Haddade (Ikatan Alumni Cendekiawan Alumni Timur Tengah, Indonesia)
Khaerul Anam (Universitas Islam Negeri Alauddin Makassar, Indonesia)
Khaerul Anwar (Centre for Advanced Studies on Islam, Science, and Civilisation (CASIS), Universiti Teknologi Malaysia)



Article Info

Publish Date
30 May 2022

Abstract

This study aims to describe and analyze the legal review of istiḥālah and ḍarūrah on the Indonesian Ulema Council Fatwa Number 14 of 2021 concerning the use of the AstraZeneca vaccine. A library study was conducted on some literature using a qualitative descriptive approach. The results showed that the limited supply of vaccines hindered the success of vaccination. Furthermore, the insufficient availability of the lawful and holy Covid-19 vaccine was also a problem encountered, hence the Fatwa Commission of the Indonesian Ulema Council (MUI) issued fatwa Number 14 of 2021. The Central MUI decision allowed the use of the AstraZeneca vaccine based on emergency conditions. They used the rules of istiḥālah and istiḥlāk narrowly and were not enforced because the Astrazeneca vaccine was not made from pork but used pork-derived ingredients. Furthermore, the fatwa was determined using the istinbāţ rules used as guidelines, which included three methods, namely, the bayānī, ta’līlī, and istilahsi. The adopted methodology in issuing this fatwa was the istişlaḥī method or maşlaḥah mursalah. Regarding the Astrazenecase vaccine, the final decision was the same and allowed. However, according to the Central MUI, the permissibility of the Astrazeneca vaccine was an emergency.

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Journal Info

Abbrev

PS

Publisher

Subject

Religion Humanities Social Sciences

Description

Parewa Saraq: Journal of Islamic Law and Fatwa Review is a double-blind peer-reviewed journal published by Majelis Ulama Indonesia South Sulawesi Province. The journal publishes research articles, conceptual articles, and book reviews of Islamic law and fatwa review (See Focus and Scope). The ...