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PERBANDINGAN PANDANGAN M. QURAISH SHIHAB DAN MICHAEL CHOLBI TERHADAP LEGALITAS EUTANASIA
This study discusses the comparison between the views of M. Quraish Shihab and Michael Cholbi regarding the legality of Eutanasia. The study is motivated by the different foundations of Islamic law and secular ethics in understanding the right to life, patient suffering, and human authority in determining the end of life. The purpose of this research is to identify the reasons behind the differences in the two figures’ perspectives and to analyze the similarities and differences in their thoughts regarding the legality of Eutanasia in modern society. This research is a library research with a descriptive-comparative approach. The methods used are normative approaches. Primary data sources were obtained from the works of M. Quraish Shihab and Michael Cholbi, while secondary data were collected from books, journals, and previous studies related to Eutanasia, Maqāṣid Asy-Syarīʿah, and secular ethics. Data analysis was conducted using content analysis with deductive and inductive reasoning methods. The results show that M. Quraish Shihab rejects active Eutanasia because it contradicts the principle of hifẓ an-nafs and the absolute authority of Allah SWT over human life. However, in certain circumstances, the withdrawal of futile medical treatment may still be considered permissible as passive Eutanasia. Meanwhile, Michael Cholbi views Eutanasia as a form of respect for individual autonomy and an effort to reduce the suffering of terminal patients, making it morally justifiable provided that there is voluntary consent and strict procedures. The similarity between the two figures lies in their concern for human dignity and patient suffering, while the difference lies in the source of moral legitimacy they use. This study concludes that the debate on the legality of Eutanasia is influenced by differences in epistemological foundations between Islamic law, which emphasizes the protection of life, and secular ethics, which prioritizes individual freedom.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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