Health Quarantine Law as Protection of the Fulfillment of Basic Rights in the Perspective of Fiqh Siyasah

Abstract

This study was motivated by the implementation of the Health Security Law as ius constitutum, which on the one hand requires the state to protect public health through health quarantine, but on the other hand, it is also burdened with the obligation to guarantee the right to life of its people. Therefore, this article is directed at tracing the rationale for protecting dharuriyat al-khamsah in the law intended from the perspective of fiqh al-siyasah. Through doctrinaire legal research methods, this article offers two conclusions, namely first, from the perspective of fiqh al-siyasah which postulates that every legal decision formulated by the authorities must be based on the problems of the people, then the presence of the UU KK has reflected the beneficial values desired in the postulates of fiqh al -siyasah. Then the second conclusion, in terms of protection against dharuriyat al-khamsah, the presence of the UU KK has provided a definite guarantee of the right to public health which has resulted in ensuring hifd al-nafs.

Keywords

• fiqh al-siyasah
• hifd al-nafs
• health quarantine law
• protection of society