FATWÁS OF INDONESIAN SCHOLARS’ COUNCIL ON MEDICAL ISSUES IN THE LIGHT OF MAQĀṢID AL-SHARĪ‘AH

Abstract

The Indonesian Scholars’ Council has issued numerous fatwás on medical issues determined on the basis of the Qur’ān, Sunnah, ijmā‘, and qiyās. Formulating a fatwá always takes into consideration maqāṣid al-sharī‘ah, although it is not always evident how maqāṣid al-sharī‘ah are applied in the fatwá. Hence, a study is required to discover the implementation of maqāṣid al-sharī‘ah, especially on fatwás related to medical issues. Using a qualitative approach, the study has been conducted to find out the conformity of the fatwás with maqāṣid al-sharī‘ah and examine its application. Medical issue fatwás from the Ijtima‘ held by the Indonesian Scholars’ Council were selected as primary data. The secondary data was collected from various books, journals, and writings about maqāṣid al-sharī‘ah and the analysis of the Indonesian Scholars’ Council fatwás, followed by data analysis using the content analysis method. In conclusion, the concept of maqāṣid al-sharī‘ah is an important consideration in the establishment of the fatwás. Its implementation can be observed through the evidence provided in the fatwás alongside the ruling of the issues. The use of al-qawā‘id al-fiqhīyah and maṣlaḥah mursalah in the evidence indicates the implementation of maqāṣid al-sharī‘ah. Among preservation of the five essentials, preservation of life and preservation of lineage are more commonly found in fatwás on medical issues.