Viewed from the aspect of purpose, post-mortem (autopsy) can be divided into three groups, namely:
1.
Anatomical autopsy
is a necropsy in order to apply the theory obtained by medical students or other health care students as lab materials about the theory of human anatomy (anatomy).
2.
Clinical autopsy
is surgery on corpses who died in hospital after receiving adequate care from the doctors. Surgery was done in order to know in depth the nature of change in a disease after intensive treatment in advance and to know for certain types of diseases that are perfectly unknown during his illness.
3.
Forensic Autopsy
is surgery of the body of law aimed at seeking the truth of an event occurring, such as allegations of murder, suicide, accidents, and others. Such surgery is usually done at the request of the police or the judiciary to ensure the cause of someone's death. Hail vise physicians (visum et repertum) this will affect the decision of the judge in deciding a case.
Islamic views on Surgery Corpse (autopsy):
Broadly speaking, in this case there are two opinions.
1.Pendapat first autopsy revealed all kinds of haraam.
The reason is the following hadith, Aisha r.a. From that Rasulullah SAW said:
"Verily, the body was the same bone breaking (sin) view break at the time of his life."
(Reported by Ahmad, Abu Dawud, and Ibn Majah)
2.Pendapat second autopsy stated that the ruling on permissible (be).
The reason, the purpose of anatomical and clinical autopsy in line with the principles established by the Prophet Muhammad. In a history narrated that a Bedouin Arab came to the Prophet Muhammad as he asked,
"Do we need treatment?"
Prophet Muhammad answered
, "O servant of Allah. Berobatlah you, Allah does not reduce the disease but also to (determine) the cure, except for one disease, namely old disease. "
(Abu Daud, Tirmidhi, and Ahmad). Prophet Muhammad ordered treatment of any disease, it means implicitly (implied) we are commanded to do research to determine the types of diseases and ways of treatment. Anatomical and clinical autopsy is one of media or device research to develop expertise in the field of medicine. The purpose of forensic autopsy in line with the principle of Islam to uphold truth and justice in the legal establishment, as word of his
"Allah commands you convey the message to who deserve it and tell you if it establishes the law among men in order that you specify with justice ..."
(Surah An-Nisa 4:58) A judge must decide a case law correctly and fairly. In order to determine the law correctly and fairly necessary evidence of legitimate and accurate. Forensic autopsy is one way or the media to find the evidence. Looking at the reasons mentioned above, can be concluded that the autopsy anatomical, clinical and forensic legal
permissible
(Fine) because the goal is not contrary to Islamic teachings. The post-mortem carried out without the correct destination, its legal
illegitimate
as described testimony by the first opinion. The theme of the use of bodies as objects of study, including a new case that the answer is not directly guided by the Quran and hadith (nash). Matching explicit in the texts was not found. So it can not be used qiyas methods (analogy). Such cases, the study of fiqh, the solution sought by the method takhrij. Namely, find an analogy in legal norms generated through ijtihad because it is not exposed directly by nash.Dalam contemporary fiqh literature, there are two models of opinion.
First
, Views the mufti of Egypt, Joseph Ad-Dajwi
, Who concluded that such practices were allowed (
jawaz
.)
Second
, The opinion of another Egyptian mufti, Muhammad al-Mith'i Bukhet
, That the surgeon's body should only be for two purposes: to take the property of people, such as gems, which are stored in the stomach body, and save a fetus in his mother who died of stomach. If for research, he said, should not be (
He yajuuz
). Takhrij view both are the result of studies on classical scholars. Discussion of the legal form of post-mortem on the two cases: taking the jewels that are stored in the stomach body and save the fetus. In the case of taking property in the belly of the corpse, a jurist of Hanafi school of thought may be if the deceased or the deceased did not leave anything that can be used instead. Because human rights should take precedence over the rights Allah.Dalam Shafi'i school, in the opinion of the famous, it can be done absolutely. Similarly, the opinion of Imam al-Maliki Sahnun. Meanwhile, Ahmad ibn Hanbal was not justified. In the case took the fetus, and Hanafi jurist Shafi'i school of thought permissible. Meanwhile, Maliki and Hanbali schools of banning.
Differences stem from the differences in understanding the traditions of the Prophet to the grave diggers not to damage the bones obtained from the cemetery.
"You do not damage the bone, because bone damage to a person who has died the same as destroying the bone a person who is still alive,"
words of the Prophet, narrated by Malik, Ibn Majah, and Abu Dawud with a sahih.Pendapat chains that prohibit body abdominal surgery comes from the understanding that the hadith implicitly, in any condition. While the reasons for allowing opinion is an emergency, such as embryo rescue and take harta.Syekh Abdul Majid Sulem, another mufti of Egypt, in al-Fataawa al-Islamiyah, commenting on the hadith earlier. According to him, tradition was valid when no benefit is more crucial (maslahah rajihah). If there are more crucial benefit to be achieved, such as saving the fetus, then including pengecualian.Fatwa MUI No. 19, dated February 5, 1988, mentions that the scientific investigation of the corpse is not forbidden by Islam. Having used the investigation, the corpse must be buried. MUI's view, 20 years ago, was in line with Joseph Ad-Dajwi.Komisi fatwa MUI fatwa, make decisions with several clauses:
First
, The legal origin of the preservation of the bodies is haram. For human remains were respectable, though already dead. People who live must fulfill the rights of the corpse. One of them, hasten the bodies were buried.
Second,
preserving the body for research is allowed, but limited (muqoyyad). With the provision, the study is useful for scientific development and bring serious benefits to weigh bigger: providing life protection. Not to practice alone.
Third,
prior to pickling, the rights of Muslim bodies should be met. For example bathed, shrouded, and disalati. Preservation of bodies for research must be done within the proportional limit, only for research. If the study has been completed, the corpse must be buried in accordance with the provisions of Islamic Shari'a.
Fourth,
countries are asked to make regulations governing the provision and mekanismenya.Kaidah in Islam, Masdar F Mas'udi review of the Board of Nahdlatul Ulama (NU), basically everything is allowed until there is a theorem that states terlarang.Organ body of Islamic law regarding human life as they relate to the soul. So far there are no rules about the human body donation after death, because it can be done. Moreover, the donation goal is to save human lives. It is appreciated and valued as a charity.
Permit the use of bodies could be given by the owner of the body while still alive or if the family permits have died. For unidentified corpse, permission is given by Prof. dikemukan pemerintah.Hal matching. Dr. Komaruddin Hidayat of Syarif Hidayatullah State Islamic University Jakarta. According to him, there is actually no need to worry if the donated body then the body becomes incomplete when facing God. "When someone dies, his soul leaves the body to face God, was destroyed together with the soil body. If donated for research and education that benefit humanity, the owners will get a reward, "ujarnya.Menurut Secretary of the Honorary Board of Ethics Indonesian Medical Doctor Association dr. Agus Purwadianto, SPF, SH, MSi, Indonesia has had a fatwa about the rules and post-mortem, among other considerations Fatwa Council Health and Personality 'Ministry of Health No. 4 / 1955, which states the ruling on permissible post-mortem (not forbidden and not permitted). In Fatwa No. 7 / 1957 described the use of the procedures the corpse for the sake of education. In addition, there is Government Regulation No. 18/1981 on the corpse of Clinical Surgery and Transplant Surgery Bodies Anatomical and Network Equipment and / or Human Body. (ATK).
