الحجر الصحي في الفقه الإسلامي وأبعاده المقاصدية

Abstract

Quarantine is one of the most important ways to prevent the spread of infectious diseases. People have to stay in their home and stay away from others. This research aims to explain the definition of quarantine in Islamic Jurisprudence and the provisions related to it and the opinions of scholars about it and also explain the relationship of quarantine to the Maqashid Shariah. In this research, the author used inductive methods in collecting materials from main sources, such Fiqh, Al-Qur'an Al-Karim, Hadith nabi s.a.w, contemporary books and scientific journals. Then the author also discusses and analyzes scientific materials to reach expected results in this research. This research has found some results one of them is about the versatility of quarantine has proven to be in accordance with what is found in the evidence from the Al-Quran, the Hadits of the Prophet and the rational evidence that sets one's protection from being infected by the disease. One of the principles of Islam that cannot be ignored is that every patient must be treated and every disease has its medicine, The Law of Brunei Darussalam has established a quarantine determination that if a person arrives in Brunei Darussalam he must perform quarantine and sit for an infectious disease test if the result is negative then it will perform a 14-days quarantine and if the results is positive or it is infected he must perform quarantine and be treated at the National Isolation Centre in the country until it is healthy and the relations between quarantine to the Maqasid Shariah are in term of hifz din, Islam has ordered the establishment of Prayer, the presence of this disease prohibits the establishment of congregational prayers but the mufti have issued a fatwa that allows congregational prayer with applied all health protocol. Then in terms of hifz nafs, Islam prohibits leaving or entering countries that has affected with pandemic. Furthermore, in term of hifz aqli, since the emergence of this pandemic all forms of education process in the world have ceased especially in Brunei Darussalam and the beginning online learning to ensure that hifz aqli to be preserved by acquiring knowledge.