Status Kewarisan Pemohon Euthanasia ( Studi Komparasi Mazhab Syafi’iyyah Dan Malikiyyah )

Abstract

Euthanasia is a dilemma that puts health workers in a very difficult situation. Because until now it continues to be a matter of debate both experts from the religious, medical and ethical components have not yet reached an agreement. This research aims to reveal how scholars from the Syafi'iyyah and Malikiyyah explain the law of the inheritance of euthanasia applicants by using a comparative method between the opinions of the Syafi'iyyah and Malikiyyah on the status of the inheritance of euthanasia applicants.  The results concluded that the legal status of the applicant (which is equated with the perpetrator) of active euthanasia in the view of the scholars including Syafi'iyah and Malikiyyah is an act of intentional killing (al-qatl al-amdi). So that active euthanasia in terms of inheritance is prohibited from inheriting, in this case the scholars agree both Syafi'iyah and Malikiyah, while in passive euthanasia which is included in the category of accidental murder, there are differences between the scholars of Syafi'iyah and Malikiyah in determining the law as a barrier to inheritance. According to Syafi'iyah, intentional murder is a barrier to inheritance, while according to Malikiyah scholars in passive euthanasia which categorizes the applicant as a perpetrator of murder by mistake (al-Qatl Khata') is not a barrier to inheritance.