Rekonstruksi Metode Istinbath Hukum Islam dalam menjawab Problematika Bioetika Modern

Abstrak

The rapid advancement of modern biotechnology—such as genome editing (CRISPR-Cas9), stem cell research, and end-of-life decisions—has placed Islamic law in a dilemmatic position between accelerating medical benefits and maintaining ethical-moral boundaries. This study aims to analyze the methodological limitations of conventional istinbath al-ahkam in responding to modern bioethical dilemmas, while simultaneously offering a solid model for reconstructing legal reasoning. This study is a normative-philosophical legal research using conceptual and philosophical approaches. The findings reveal that the mainstream istinbath methods, which are heavily dominated by textual-linguistic approaches (bayani) and linear analogy (qiyas), tend to experience epistemological stagnation. They often produce reactive and restrictive fatwas because they isolate legal texts from the reality of science. To overcome this deadlock, this study formulates a reconstruction model called the Transdisciplinary Hybrid Scheme. This scheme integrates the five basic principles of contemporary Maqasid asy-Syari'ah with four international biomedical ethics principles (autonomy, beneficence, non-maleficence, and justice). Through this hybrid scheme, the process of legal discovery moves beyond the boundaries of jurists and scientists across three systematic stages: clinical verification (tahqiq al-manat), maqasidi-bioethics filtration test, and the formulation of inclusive conditional rulings. This reconstruction proves that Islamic law is capable of providing progressive moral-legal certainty for future scientific disruptions without losing the spiritual roots of Sharia.