The concept of brain death refers to the irreversible loss of brain function which includes the b... more The concept of brain death refers to the irreversible loss of brain function which includes the brain stem. The diagnosis of brain death is a controversial issue among Muslim scholars and medical experts because it involves the pronouncement of death of a patient whose heart is still beating with the assistance of a ventilator (breathing apparatus). Many countries recognise brain death as true death. However, there are religious scholars and medical experts who disagree with the concept of brain death because they believe that the soul still exists in one’s body although the brain has been diagnosed as dead. From their point of view, the heartbeat shows that the soul is still present in the body. From the perspective of Islam, a person is considered dead when there is separation between the soul and body. This paper will discuss the arguments pertaining to the soul which have been used in rejecting the concept and diagnosis of brain death.
International Journal of Islamic and Middle Eastern Finance and Management, 2021
Purpose This paper aims to formulate a conceptual framework that will facilitate the actualizatio... more Purpose This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs). Design/methodology/approach This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework. Findings This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid. Research limitations/implications This paper proposes a conceptual framew...
ISRA International Journal of Islamic Finance, Emerald., 2022
Purpose
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives o... more Purpose
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.
Design/methodology/approach
This study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.
Findings
This study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.
Research limitations/implications
This study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.
Practical implications
This paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.
Originality/value
This paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.
International Journal of Islamic and Middle Eastern Finance and Management, Emerald., 2021
Purpose
This paper aims to formulate a conceptual framework that will facilitate the actualizati... more Purpose
This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs).
Design/methodology/approach
This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework.
Findings
This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid.
Research limitations/implications
This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework.
Practical implications
This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products.
Originality/value
The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.
TAFHIM: IKIM Journal of Islam and the Contemporary World, Nov 3, 2016
Abstrak Man and pig have an almost similar physiology. This similarity is found in the physiologi... more Abstrak Man and pig have an almost similar physiology. This similarity is found in the physiological systems that provides certain health benefits in particular as a therapeutic medium. The suitability of porcine-based tissues and cells for xenotransplantation at that point in time only involve heart valves, β cells, renal cells, hepatic cells and porcine insulin. Other parts are deemed unsuitable due to rejection by the human body and the inability to function normally. This article used the method of content analysis to look at the suitability of using porcine-based elements in certain situations as outlined in Islam. From this analysis, it is found that, while both man and pig have similar physiological systems, this does not mean that porcine-based elements are allowed to be used in normal circumstances in Islam unless its usage is governed by the principle of darurah. The use of porcine-based elements is only allowed in high risk situations which endanger the life of man if porcine-based elements are not used.
TAFHIM: IKIM Journal of Islam and the Contemporary World, Dec 27, 2019
The concept of brain death refers to the irreversible loss of brain function which includes the b... more The concept of brain death refers to the irreversible loss of brain function which includes the brain stem. The diagnosis of brain death is a controversial issue among Muslim scholars and medical experts because it involves the pronouncement of death of a patient whose heart is still beating with the assistance of a ventilator (breathing apparatus). Many countries recognise brain death as true death. However, there are religious scholars and medical experts who disagree with the concept of brain death because they believe that the soul still exists in one’s body although the brain has been diagnosed as dead. From their point of view, the heartbeat shows that the soul is still present in the body. From the perspective of Islam, a person is considered dead when there is separation between the soul and body. This paper will discuss the arguments pertaining to the soul which have been used in rejecting the concept and diagnosis of brain death.
The contemporary scientific and technology development give impacts on the development of Islamic... more The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.
The concept of brain death refers to the irreversible loss of brain function which includes the b... more The concept of brain death refers to the irreversible loss of brain function which includes the brain stem. The diagnosis of brain death is a controversial issue among Muslim scholars and medical experts because it involves the pronouncement of death of a patient whose heart is still beating with the assistance of a ventilator (breathing apparatus). Many countries recognise brain death as true death. However, there are religious scholars and medical experts who disagree with the concept of brain death because they believe that the soul still exists in one’s body although the brain has been diagnosed as dead. From their point of view, the heartbeat shows that the soul is still present in the body. From the perspective of Islam, a person is considered dead when there is separation between the soul and body. This paper will discuss the arguments pertaining to the soul which have been used in rejecting the concept and diagnosis of brain death.
International Journal of Islamic and Middle Eastern Finance and Management, 2021
Purpose This paper aims to formulate a conceptual framework that will facilitate the actualizatio... more Purpose This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs). Design/methodology/approach This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework. Findings This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid. Research limitations/implications This paper proposes a conceptual framew...
ISRA International Journal of Islamic Finance, Emerald., 2022
Purpose
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives o... more Purpose
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.
Design/methodology/approach
This study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.
Findings
This study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.
Research limitations/implications
This study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.
Practical implications
This paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.
Originality/value
This paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.
International Journal of Islamic and Middle Eastern Finance and Management, Emerald., 2021
Purpose
This paper aims to formulate a conceptual framework that will facilitate the actualizati... more Purpose
This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs).
Design/methodology/approach
This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework.
Findings
This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid.
Research limitations/implications
This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework.
Practical implications
This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products.
Originality/value
The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.
TAFHIM: IKIM Journal of Islam and the Contemporary World, Nov 3, 2016
Abstrak Man and pig have an almost similar physiology. This similarity is found in the physiologi... more Abstrak Man and pig have an almost similar physiology. This similarity is found in the physiological systems that provides certain health benefits in particular as a therapeutic medium. The suitability of porcine-based tissues and cells for xenotransplantation at that point in time only involve heart valves, β cells, renal cells, hepatic cells and porcine insulin. Other parts are deemed unsuitable due to rejection by the human body and the inability to function normally. This article used the method of content analysis to look at the suitability of using porcine-based elements in certain situations as outlined in Islam. From this analysis, it is found that, while both man and pig have similar physiological systems, this does not mean that porcine-based elements are allowed to be used in normal circumstances in Islam unless its usage is governed by the principle of darurah. The use of porcine-based elements is only allowed in high risk situations which endanger the life of man if porcine-based elements are not used.
TAFHIM: IKIM Journal of Islam and the Contemporary World, Dec 27, 2019
The concept of brain death refers to the irreversible loss of brain function which includes the b... more The concept of brain death refers to the irreversible loss of brain function which includes the brain stem. The diagnosis of brain death is a controversial issue among Muslim scholars and medical experts because it involves the pronouncement of death of a patient whose heart is still beating with the assistance of a ventilator (breathing apparatus). Many countries recognise brain death as true death. However, there are religious scholars and medical experts who disagree with the concept of brain death because they believe that the soul still exists in one’s body although the brain has been diagnosed as dead. From their point of view, the heartbeat shows that the soul is still present in the body. From the perspective of Islam, a person is considered dead when there is separation between the soul and body. This paper will discuss the arguments pertaining to the soul which have been used in rejecting the concept and diagnosis of brain death.
The contemporary scientific and technology development give impacts on the development of Islamic... more The contemporary scientific and technology development give impacts on the development of Islamic law. The dynamic of fiqh in handling issues especially on medicine become a momentum of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because expert opinions also important in describing about those issuess. Without those opinions, Islamic law scholar could not give appropriate legal decision. However, this study will explore about the importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.
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Papers by Noor Naemah Binti Abdul A Rahman
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.
Design/methodology/approach
This study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.
Findings
This study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.
Research limitations/implications
This study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.
Practical implications
This paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.
Originality/value
This paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.
This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs).
Design/methodology/approach
This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework.
Findings
This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid.
Research limitations/implications
This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework.
Practical implications
This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products.
Originality/value
The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.
For full article please visit
http://tafhim.ikim.gov.my/index.php/tafhim/article/view/89
For full article please visit
http://tafhim.ikim.gov.my/index.php/tafhim/article/view/112
of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because
expert opinions also important in describing about those issuess. Without those opinions, Islamic
law scholar could not give appropriate legal decision. However, this study will explore about the
importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess
gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly
examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.
This paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.
Design/methodology/approach
This study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.
Findings
This study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.
Research limitations/implications
This study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.
Practical implications
This paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.
Originality/value
This paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.
This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs).
Design/methodology/approach
This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework.
Findings
This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid.
Research limitations/implications
This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework.
Practical implications
This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products.
Originality/value
The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.
For full article please visit
http://tafhim.ikim.gov.my/index.php/tafhim/article/view/89
For full article please visit
http://tafhim.ikim.gov.my/index.php/tafhim/article/view/112
of the synergy of the two diciplines, science and the Islamic jurisprudence of medicine. Many medical issuess are yet to require legal completions that are contemporary ijtihad based on perubatan discipline. On the other hand, ijtihad not only as exclusively unilateral, moreover inclusive multilateral approach (ijtihad jama’i) is needed on handling fiqh issues. It is because
expert opinions also important in describing about those issuess. Without those opinions, Islamic
law scholar could not give appropriate legal decision. However, this study will explore about the
importance of development of Fiqh of Medicine based on contemporary ijtihad. These studies will explain some contemporary Medicine issuees, which is proof the requirement of contemporary ijtihad. For example on the issues of reproduktif organ donation. Some ijtihad instruments which are compatible will be aplicated based on the issuess. Research findings about perubatan issuess
gave fact that there were not exact explanations on al-Qur’an and al-Sunnah also did not directly
examined on fiqh book in the past. This condition cause contemporary ijtihad on those studies as an important study to give law answer about perubatan issues appear. Generally speaking, the current studies require the sinergized between the dynamic of Islamic law and the advance of science and technology.