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All Journal NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Dewi Indriani
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Implementasi Kaidah al-Ḍarūrāt Tubīḥu al-Maḥzūrāt pada Tindakan Persalinan Operasi Caesar Sri Kurniawaty Fazriyani Nurdin; Dewi Indriani
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 7 No 1 (2021): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v7i1.320

Abstract

The major objective of this research was to investigate and understand the ‘Implementation of the Islamic law of al-Ḍarūrāt Tubīḥu al-Maḥzūrāt in a Caesarean delivery’. The methodological approach taken in this study was a qualitative method by using a grounded research. In terms of the research approach, normative (Fiqh) approach was employed by the researcher. The results of this research indicated that based on medical and Islamic perspective, the practice of caesarean section on a delivery could be done only in an emergnecy situation. In this case, the medical staff should understand the condition of their patients whether or not they could be treated with a caesarean section. Similarly, in terms of the Islamic perspective, the level of an emergeny condition has to be decided by doctors or the medical staff. The caesarean section could only be taken if the surgery is necessary for delivery patients.
Tinjauan Hukum Islam terhadap Peraturan Pemerintah tentang Kebolehan Aborsi pada Kasus Kedaruratan Medis dan Perkosaan Dewi Indriani; Sam, Zulfiah; Siti Yudianti
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v1i3.170

Abstract

Abortion is a prohibited act in both Islamic and positive law, but Article 75 of the Health Act provides exceptions for indications of medical emergencies and pregnancy as a result of rape which can cause psychological trauma to rape, then its application is regulated in Government Regulation No. 61 of 2014. This study aims to find out and understand the perspective of Islamic law regarding the abortion exception in Government Regulation No. 61 of 2014 with indications of medical emergencies and rape victims. The problems that the authors raise in this study are; First, what is the concept of abortion implementation referred to in Government Regulation No. 61 of 2014 in accordance with Islamic law ?. Second, how is the perspective of Islamic law on the concept of Government Regulation No. 61 of 2014 concerning exceptions to the prohibition of abortion with indications of medical emergencies and rape victims ?. To get answers to the above problems, the writer uses descriptive qualitative (non-statistical) research, which focuses on the study of texts and texts. And use the method of normative theological approach.The research results found are as follows; First the concept of legal abortion in PP No. 61 of 2014 is in accordance with the stipulation of emergency rules both in determining emergency cases and in avoiding interpretations arising from the abortion. Second, the concept of legal abortion in PP No. 61 of 2014 does not conflict with Islamic law.
Menyentuh Mushaf Tanpa Wudu dalam Perspektif Mazhab Syāfi’ī dan Hanbali Saifullah Bin Anshor; Sartini Lambajo; Dewi Indriani; Izzati, Rizqa
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 2 (2021): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v2i2.375

Abstract

This study aimed to find out how the law of touching Mushaf of the Qur'an for people who are in hadas according to the Syāfi'ī and Hanbali schools. The type of study was descriptive qualitative research that focuses on retrieving data sources from library research using a normative juridical approach. The results showed that the sects of Syāfi'ī and Hanbali both viewed the prohibition of touching Mushaf of the Qur'an without wudu for the person in hadas. As for the law of touching or carrying a mushaf wrapping sheath (which has a hanger) or a box in which there is a Mushaf of the Qur'an, the sects of Syāfi'ī and Hanbali differ. The Syāfi'ī sect thinks it is haram because it is made for mushaf and converted to it like a mushaf cover skin. The Hanbali sect argues that it is permissible not to touch the mushaf because what is forbidden is touching, while carrying does not mean touching. This difference arises because of differences in views on the basis of qiyas in the source of the law of its sect.
Co-Authors Izzati, Rizqa Saifullah Bin Anshor Sam, Zulfiah Sartini Lambajo Siti Yudianti Sri Kurniawaty Fazriyani Nurdin