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Lecture Notes Analysis of Islamic legal methods determines the law against the AstraZeneca vaccine Law

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Analysis of Islamic legal methods determines the law against the AstraZeneca vaccine

The Indonesian Ulema Council as an authority institution is given authority in responding to problems that occur in society. By issuing fatwas as an answer to all forms of questions, especially for Muslims. Several rulings have been issued by the MUI Fatwa, one of which is the MUI Fatwa Decree Number 30 of 2013 concerning Drugs and Medicines. Where in this ruling explains the form of use of medicine in Islamic sharia must use sacred and halal materials. It is haram when it is made of unclean or unclean material. Materials for the use of unclean or haram drugs can be used or allowed if in the context of coercion or emergency.

There have been many forms of treatment using vaccines as a form of prevention or treating disease. Some of them have haram ingredients but because of the emergency / compulsion status or in other words there are no other vaccines made from halal, the use of drugs or vaccines is allowed by issuing fatwas that explain the law of using the vaccine.

According to Rahman Ambo as the MUI Fatwa Commission, the Covid-19 vaccine is a form of effort from Muslims to deal with a pandemic outbreak for which there is no cure. Therefore, health experts recommend vaccination as one form of effort in preventing the spread of this virus. There are several vaccines in circulation including the Sinovac vaccine, which has been traced by MUI regarding the raw materials used to the production process until the products produced are considered halal. However, the amount needed is not sufficient for the needs of the Indonesian people whose national vaccination target is 208,265,720 people.

Some rules of jurisprudence that support in formulating fatwas related to the permissibility of the use of the AstraZeneca vaccine:

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Meaning: "In case of emergency it is allowed to do something is prohibited."

(Imam Suyuthi, al-Ashbah wa al-Nadzir)

It means: "If a case is narrow then the law becomes wide, whereas if a case is broad then the law becomes narrow."

It means: "To bear a specific danger (in a small scope) in order to prevent even more harm from arising."

Interpreted as in these rules explaining something that is prohibited / haram in an emergency can be allowed and given freedom (ease) to do things that are not in accordance with religious law. In order to prevent the spread of the virus which has a huge impact on losses.

Alternatives made by the government to meet the needs of vaccine supply for the community, other types of Covid-19 vaccines were brought in, including AstraZeneca. MUI tested AstraZeneca from its halal aspect and declared haram.

Because it uses trypsin raw materials derived from pigs, the process in and out is very visible, if the materials used were previously halal materials, but in the process of processing requires materials from non-halal (haram) facilities, then the results issued are considered haram. AstraZeneca was included in the study, so the MUI determined that the AstraZeneca Vaccine was an Illegal Product. However, in situations that are not possible or emergency, the supply of halal vaccine stocks is not sufficient for the needs of the community. Thus, MUI based on adh- Dharurat Tubihu al-Mahzhurat (Emergency Allowing the Haram) which is emergency can allow the prohibited (Haram). The AstraZeneca vaccine is allowed to be used as long as it has not been found or there is not enough stock of halal

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vaccine. So that the issuance of Fatwa Decision Number 14 of 2021 which regulates the law on the use of the AstraZeneca Vaccine.

Fatwa Decision Number 14 of 2021 considers several things that underlie this fatwa, namely:

1. Covid-19 is still a life-threatening global health problem, and one of the efforts to reduce the prevalence and severity of Covid-19 infectious diseases is vaccination;

2. The success of Covid-19 vaccination is influenced by many factors, including the availability of adequate vaccines, the speed of vaccine delivery to the target, and the number of targeted individuals to be vaccinated;

3. The availability of vaccines is still very limited and contested in various countries;

4. The government has requested a Fatwa. About the legal status of the use of the AstraZeneca Covid-19 vaccine as a guideline for its implementation;

5. Therefore, the MUI fatwa commission must issue a fatwa on the legality of using the Covid-19 vaccine against AstraZeneca products so that it can become a guideline.

The status of vaccines circulating in Indonesia related to their use allowed by the MUI Fatwa is Sinovac (halal), AstraZeneca (mubah), and Pfizer (mubah). There are several vaccines that have not yet had a fatwa, but in the conditions of a pandemic outbreak it is considered life-threatening, it is an emergency.

Emergency conditions have limits if halal vaccines have been found and the amount is sufficient for the needs of Indonesia's achievement targets. But currently the number of doses of halal vaccine is not enough so that other types of vaccines are needed so that the needs and objectives of this vaccination are met in preventing and fighting the Covid-19 virus. In Islamic Law if there has been no fatwa issued regarding the halality of a vaccine / product, it is legal to use it in an emergency. In accordance with the purpose of Islam, priority is to protect the

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human soul that is threatened. So that vaccines made from haram can be tolerated by Islam.

Based on the findings of the study above, the use of the AstraZeneca Vaccine, can be used by Muslims legally based on emergency and benefit considerations as a result of the spread of Covid-19. At the practical level, the use of vaccines is divided into three stages of vaccines. At doses I and II AstraZeneca is Mubah (can be used) considering the urgency of the impact of the spread of the virus. While the booster variant is not recommended (makruh) because it is optional, so there is no necessity to regulate the booster vaccine.

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