medical islamic perspective of law (syariah)

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    M ED ICAL ISLAM ICPERSPECTIVE O F LAW

    (SYARIAH )

    By Gaga Irawan Nugraha

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    Islamic idealism explains to man hisrole in the universe, the goal of his life

    and the means to achieve this goal. It is termed Shariah, thus singled

    out of man!made theories and

    methodologies

    "o each among you have #e prescri$ed aShir%at &'aw( and an )pen #ay. &*+-(

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    The Shariah of Islam is based on the follow ingprinciples:

    . /nity of the 0reator.

    1. /nity of the created

    2. /nity of the Nation &/mma(.. 3iceroyalty on earth

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    Unity of the Creator

    4onotheism is to render to 5llah all power andauthority, either in the conscience of the individual orin the living realities of life.

    In as much as man dedicates faithfully his slavery to

    5llah, he evades slavery to other than 5llah. "hus, the meanings of dignity and li$erty are

    integrated and complete for each individual in thecommunity.

    )n the $asis of $elieving in 5llah, the )ne, and in thereligion revealed to 6is 4essenger, 4ohammed &r(,4oslems% hearts and minds all meet in the worship of5llah, and their e7orts are consolidated for thecolonisation of earth and the esta$lishment of

    civilisation.

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    Unity of Creatures

    "he whole universe is created $y5llah the 8levated. "herefore, allcreatures are interrelated andinteracting in a state of harmony. Itis impossi$le for any creature to $eindependent9 the existence of any

    creature is rather su$:ect to theexistence of others, starting from theatom and its constituents and endingwith man! the superior livingcreature.

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    M ans unity with other creatures is apparent inthe following perceptions:

    . 4an is created to worship 5llah alone. 5llah says+( )

    "I have only created Jinns and men, that they may serve me."&*+*;(

    1. #orship of 5llah will $e realised through ighteous wor= will not $e achieved unless the $ody ismaintained healthy and a$le to utilise the good of earth andheaven, which 5llah has made servicea$le to man.

    ( ! "#$%&)

    "And He has subjected to you, as from Him, all that is

    in the heavens and on earth: behold, in that are signsindeed for those who reect. &*+2(

    . "he underlying reason $ehind creating the earth and its wealth isto help people to worship 5llah and attain 6is pleasure.

    *. 5llah has made man 6is viceroy on earth,

    ) ()' "#*+,)

    "It is He ho has made you inheritors in the earth.."&2*+2?(

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    Unity of Nations

    Since the creation of 5dam, 5llah hasprovided man with points of wea=nessand strength, and man is provided, as

    well, with points of good and evil, as$oth are the model of continuousstruggle throughout history $etweenright and wrong. 5ll human $eings who

    have turned their faces towards 5llahand done righteous wor= in life have onereligion extending all through theheavenly messages.

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    "He has laid down for you as religionthat he charged !oah with, and that

    e have revealed to thee, and thate charged Abraham with, osesand Jesus: #$erform the religion, andscatter not regarding it#."&1+2(

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    Unity of Um m a is achieved by the followingfactors

    . -./01 34 53607/.895ll 4oslems $elieve in 5llah,the )ne, and in 6is messengers, whose seal is the@rophet 4ohammed &r( and in all revelations of theprophets.

    1. -./01 34 :80;353-5=8:8.09"he Auran and theSunnah of the @rophet &r( are the only cali$re of

    :udgement in all peoples a7airs.

    . -./01 34 ?@

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    iceroyalty on !arth

    . 3iceroyalty means deputation.1. 4an and the universe are $oth initiated in creation

    and existence $y 5llah, and unto 6im all will return,as 5llah is the @reserver (Al Muhaymen).

    2. 3iceroyalty is derived from the principle of the0reators oneness, in #hose 6ands are thedominion of everything, and 6e is the @ossessor andthe Giver #ho has given man the "rust of3iceroyalty on earth.

    . Being 5llahs viceroy in 6is earthly dominion, manshould get acuainted with the cosmic laws. 5llahhas provided man with mind and will to discoverthese laws and utilise them in the colonisation ofearth, and 5llah has su$:ugated what is in the earthfor man%s will.

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    5lInsaa

    n

    5'Auraa

    n

    5r>asul

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    CO N STITU EN TS O F

    VICERO YALTY 4an is distinguished among othercreatures with the trust of viceroyalty

    "e did indeed o%er the trust to the heavens and theearth and the mountains& but they refused tounderta'e it, being afraid thereof: but man undertoo'it..."&22+C1(

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    REQ U IREM EN TS O F

    VICERO YALTY. 8sta$lishing the /mma, which 5llah has as=ed for, when 6e says9

    "(erily, this brotherhood of yours is a single brotherhood, and I amyour )ord and *herisher: therefore serve e +and no other.

    &1+?1( 5nd9

    is a fulElment of the instinct of human assem$lage, and it goes inharmony with the law of cosmic unity. 5s a cosmic norm, suchassem$lage is originally intended for goodness, applyingviceroyalty and the good performance of religious o$servances

    (Ebadat).

    1. "hus, =nowledge, wor= and righteous mem$ers of /mma areutilised to enhance 5llah%s word. 4aterial production should not$e desired as a su$lime value. 4an possesses the material, andis not possessed $y material.

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    iceroyalty is based on three elem ents"w hich w ill be dealt with in detail

    . 0olonisation of earth andesta$lishment of civilisation.

    1. @rotection of this civilisation fromcorruption.

    2. >eformation of any corruption.

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