At-Tathbiqaat Al-Fiqhiyyah Li Qaa'idatil Haajah Tunazzil Manzilah Ad-Daruurah Finnawazil At-Thibbiyah (Dirosah Nadzoriah Tathbiiqiyah)

Abdi Masy Putra, Keken and , Dr. M. Mu’inudinillah Basri, M. A and , Dr. Imron Rosadi, M.Ag (2018) At-Tathbiqaat Al-Fiqhiyyah Li Qaa'idatil Haajah Tunazzil Manzilah Ad-Daruurah Finnawazil At-Thibbiyah (Dirosah Nadzoriah Tathbiiqiyah). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This thesis is a basic literature discussion of the idea of writing is the human need to know the laws of contemporary medical problems through the qaidah Alhajah Tunazzil Manzilat Ad-dhoruroh (the need for occupation of emergency) whose problems appear new things from time to time,So this rule has a special virtue in which it presents the easiness of Islamic shari'ah and reveals religious tolerance that takes account of the human condition and puts the good for them and guards their needs, The discussion of this thesis explains the three main problems: (1) What is the correct understanding of needs (hajah) and emergency? (2) And what is the argument that shows the perceived needs (hajah) in the Shari'a and what are the conditions in practice? (3) And what is the law of some contemporary medical problems in the scales of Alhajah Tunazzil Manzilat Ad-dhoruroh's rule? And after studying each of these problems came the discussion to: (1) That needs (hajah) and emergency meet / sides from side because raises the narrowness and difficulty, It's just that the emergency of halal aspect is somewhat different from the need (hajah) where the emergency is stronger and takes precedence over the needs (hajah) and both have the sides of similarity and difference,(2) the need for (hajah) the source of its delusion is drawn from the Qur'an, sunnah, ijma 'and reason, and to practice it must take into account the applicable conditions, (3) There has been a demonstration of this principle in some contemporary medical issues,, And the most / popular is what the author mentioned in this thesis are: (1) It is possible to donate organs and transplant them for existing needs (hajah) according to the majority of contemporary scholars and of course must be in accordance with the terms and rules of syar'I, (2) It may be surgical operation because of the need (hajah) caused by a disease that torture people who suffer from the disease,(3) It is not permissible to seek illicit treatment except for emergency or need (hajah) as long as there is no halal replacement, (4) It is possible that the abortion of the diseased fetus during the fulfillment of conditions of practice needs (hajah), (5) It is permissible to remove the life-saving devices from the dying patient according to the applicable terms and rules, (6) artificial insemination that occurs between husband and wife so it may be according to the majority of contemporary scholars.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Kedokteran, Kebutuhan, Darurat
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Pasca Sarjana > Magister Hukum Ekonomi Syariah
Depositing User:	Unnamed user with username o000110024
Date Deposited:	29 Mar 2018 06:17
Last Modified:	29 Mar 2018 06:17
URI:	http://eprints.ums.ac.id/id/eprint/60953

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