Golden Ratio of Law and Social Policy Review

Law of Trading in Mother’s Milk Perspective of Shafi'i Mazhab In Makassar

Muhammad Arsy — 2024-02-11

This study aims to determine the factors and analyze to find out the legal basis regarding trade in mother’s milk. And to find out the views of the schools of thought regarding the Trade of mother’s milk. This research uses normative research methods. Data collection in this study is the view of the schools of thought regarding the Trade of mother’s milk (breast feed). The results of this study indicate that Imam Hanafi and Hanbali that Trade in mother’s milk is prohibited, because mother’s milk is a part of the human body as well as blood, eyes and other body parts. In addition, mother’s milk is also not a market object that can be traded, so it is forbidden to be traded. Meanwhile, according to Iman Maliki and Imam Syafi'i, it is permissible to buy and sell mother’s milk, because mother’s milk is a sacred object and can be used for babies, and it is lawful to drink it, so it can also be traded like sheep's milk. In addition, the difference is in the sacred as a condition for the validity of the object being traded and having a sale value. Imam Maliki and Shafi'i made it sacred and useful as a condition for the validity of the object being traded. Meanwhile, according to Imam Hanafi and Hanbali that sacred objects cannot necessarily be traded, for example natural water. Likewise with breast feed.

A Comparative Legal Study: Euthanasia for Psychological Reasons

Muhammad Ficqhi Taufik Muhlisani Ihsan — 2024-02-21

This research conducts a comprehensive examination of euthanasia within the legal frameworks of Indonesia and the Netherlands, aiming to elucidate the criminal liability associated with this act. Employing a normative legal research approach, the study analyzes written legal materials, including regulations, legislation, books, journals, and related legal sources, to facilitate a cross-jurisdictional comparison. The findings reveal distinctive legal perspectives in the two countries. In the Netherlands, euthanasia was initially deemed a criminal offense under penal code sections 293 and 294. However, the landscape evolved with the enactment of the Dutch Law on Termination of Life on Request and Assisted Suicide in 2001. This legislation, effective from April 1, 2002, decriminalized euthanasia under specific conditions. Conversely, in Indonesia, euthanasia, particularly active euthanasia, lacks explicit recognition in positive law. Despite the absence of clear regulations, it is generally treated as a form of murder due to its implication in ending a person's life. Examining criminal liability in Indonesia, the study identifies article 344 of the Criminal Code as the closest provision related to euthanasia. However, detailed regulations are lacking. Additionally, the medical code of ethics plays a role in shaping responsibility. Doctors violating article 7d of the medical code of ethics, which mandates the immediate protection of human life, particularly patients, may face consequences. In conclusion, this research underscores the contrasting legal stances on euthanasia in Indonesia and the Netherlands. While the Netherlands has embraced a legalized and regulated framework, Indonesia's legal landscape remains silent on the matter. The study also highlights the need for clearer legal provisions in Indonesia and emphasizes the role of medical ethics in shaping the responsibility associated with euthanasia.

Legal Issues Concerning Compulsory COVID-19 Vaccination: Nigeria as a Case Study

Paul Atagamen Aidonojie — 2024-04-24

It is no news that COVID-19 has rendered severe havoc in the global environment. Although, various medical scientists and scholars were able to find a possible curtailment (Through vaccination) of the deadly COVID-19, however, there seems to be fear of the negative medical outcome of being vaccinated with the COVID-19 vaccine, given several claims of the potential danger. Furthermore, it suffices to state that Nigeria has also had its fair share of the COVID-19 pandemic. In this regard, to curtail the spread of COVID-19 in Nigeria, the Nigerian government sorts to make vaccination compulsory, despite the legal and medical rights of its citizens as enshrined in the constitution and judicial precedent. It is in this regard, that this study sort to adopt a hybrid method of study concerning the legal issues of compulsory vaccination in Nigeria. Concerning this, 310 questionnaires were sent to respondents residing in Nigeria. The study therefore found that there were incidences of COVID-19 in Nigeria and there are laws concerning the control of infectious disease in Nigeria. However, the study further found that it is a legal misnomer to compel an individual forcefully against his/her wishes to be vaccinated. Therefore, the study concludes and recommends that for effective vaccination against COVID-19, the Nigerian government needs to avoid forceful vaccination, but rather a wide sensitization concerning the vaccine's potency as against the negative claim concerning the COVID-19 vaccine.