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REPRODUCTIVE RIGHTS OF PEOPLE WITH HIV / AIDS FIQH PERSPECTIVE AND HUMAN RIGHTS

Al-'`Adalah : Jurnal Syariah dan Hukum Islam

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Field Value
 
Title REPRODUCTIVE RIGHTS OF PEOPLE WITH HIV / AIDS FIQH PERSPECTIVE AND HUMAN RIGHTS
 
Creator Khoiroh, Lum'atul
Sumbulah, umi
Mahmudi, Zaenul
 
Description This article discusses people with HIV / AIDS, who often get negative stigma from society. This is due to a lack of insight into HIV / AIDS and low public awareness. People with HIV / AIDS, like healthy people, also have rights, especially their reproductive rights. Although reproductive rights have been discussed in fiqh and human rights, their application to people with HIV / AIDS is still not optimal. This article discusses the reproductive rights of people with HIV / AIDS from the perspective of fiqh and human rights. The type of research in this article is normative juridical research, the approach is a conceptual approach. There are two legal materials in this article, namely primary legal materials from laws and secondary legal materials from books, journals, internet and newspaper articles. It was found that according to the Syafi'i Madzhab of thought, the determination lies in the will of the husband. According to the Hanafiyah Madzhab, the will is on the husband and wife. According to the Hanbali Ulama and some Salafiyah Ulama, the will is on the husband and wife and the community, which places more emphasis on both parents. The hadith expert group emphasizes the benefit of the people. Based on the analysis of human rights, when viewed from the theory of natural law, reproductive rights for people with HIV / AIDS are rights that exist for all people from birth and therefore cannot be eliminated even if they are infected with HIV / AIDS. When viewed from the theory of justice, people with HIV / AIDS should not be discriminated against and their reproductive rights are guaranteed and protected by the state.
Keywords: Fiqh; Human Rights; Reproductive Rights; People with HIV / AIDS.
 
Publisher Institut Pesantren KH Abdul Chalim
 
Date 2021-06-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://e-journal.ikhac.ac.id/index.php/adlh/article/view/1390
10.31538/adlh.v6i1.1390
 
Source Al-'`Adalah : Jurnal Syariah dan Hukum Islam; Vol 6 No 1 (2021): Syariah dan Hukum Islam; 129-151
2503-1473
10.31538/adlh.v6i1
 
Language eng
 
Relation https://e-journal.ikhac.ac.id/index.php/adlh/article/view/1390/649
 
Rights Copyright (c) 2021 Al-'`Adalah : Jurnal Syariah dan Hukum Islam
http://creativecommons.org/licenses/by-nc-sa/4.0