EUTHANASIA BAGI PENDERITA HIV / AIDS DALAM PRESPEKTIF HUKUM ISLAM DAN HUKUM PIDANA INDONESIA

Florisa, Taufan (2008) EUTHANASIA BAGI PENDERITA HIV / AIDS DALAM PRESPEKTIF HUKUM ISLAM DAN HUKUM PIDANA INDONESIA. Other thesis, University of Muhammadiyah Malang.

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Abstract

The change and development in society has created many problems, especially new problems which has no rule in Al-Qur’an Nash and Al-Hadits. This reality forced us to find law solution to create a compass which brought human being into kindness and avoided badness. To state law (ijtihad) to the new problems which couldn’t find inside Qur’an and Hadits, the religious leader (ushul fiqh scholar) tried to conclude the principles or fiqhiyah method as a way out. In this concept, maqushid al syari’ah was a basic concept to form law directed to create kindness and avoid badness for human being. Because of the orientation, Islamic Law (maqoshid al syari’ah) was relevant to apply in ijtihad of nowadays problem which become complicated and complex. In reaching the kindness, we shouldn’t avoid five things : religion, soul, mind, offspring, and wealth as the law needed. All over the world, people has acknowledged that one disease which was feared by many people was AIDS. All medical person researches about HIV or AIDS proved that person who could injected by HIV or AIDS not just they who loved to change partners, the virus also spread through injection needle, transplantation of organ which infected by HIV or AIDS, blood donor, and mother’s milk which infected the virus There was still no cure for AIDS, and many people who infected by the virus ended with death. There rose a problem between religion leaders about euthanasia for HIV or AIDS, since the bad effect to the people around. In this writing, the writer focused to do ijtihad to the problem. Seeing euthanasia for HIV or AIDS victim in the context of keeping religion, soul, mind, offspring, and wealth. In this writing, the writer needed to do ijtihad method, since the problem of society was an ijtihad method which was aimed to decide kindness direction. The complex and complicated problems could be relevant to the nowadays problem. According to the writer’s opinion, euthanasia for HIV or AIDS with any reasonable reason was ‘forbidden’ according to the general principal in Al-Qur’an and Hadits and also avoidance in Islamic Law, especially in Law development and soul. In criminal law, it also was forbidden and an avoidance to Islamic Law especially in criminal Law and could be punished according to section 334 with maximum punishment 12 years in Jail.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anggit Aldila
Date Deposited: 03 May 2012 07:05
Last Modified: 03 May 2012 07:05
URI: http://eprints.umm.ac.id/id/eprint/4147

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