Transplantasi Gigi sebagai Alternatif Hukuman Kisas dalam Kasus Cedera Gigi Perspektif Fikih Jinayah dan Maqāṣid al-Syarī’ah

Tooth Transplantation as an Alternative to Kisas Punishment in Cases of Dental Injury Perspective of Jinayah Jurisprudence and Maqāṣid al-Syarī’ah

Abstract

Advances in modern medicine have provided various recovery methods for victims of physical violence, including dental injuries. This has given rise to a new discourse in Islamic jurisprudence (jurisprudence) regarding the possibility of medical reconstruction as part of fulfilling victims' rights to justice. This study aims to analyze the perspectives of Islamic jurisprudence (jurisprudence) and the principles of Islamic law (maqāṣid al-syarī‘ah) on the possibility of tooth transplantation as a substitute for kyas punishment in cases of dental injuries. This study employed a qualitative method with a library research approach, a normative approach, and the principles of Islamic law (maqāṣid al-syarī‘ah). Data sources were reviewed from various Islamic jurisprudence books, contemporary Islamic literature, and relevant scientific journals. The analysis was conducted using a descriptive-qualitative approach. The results of this study indicate that, first, from a jurisprudence perspective, tooth transplantation does not yet qualify as a form of qaḍā’ī-permissible revenge, because qaṭ‘ī is a sharia-based legal provision, as affirmed in Q.S. al-Mā’idah: 45. Its implementation requires a definite and fair equality between the injuries suffered by the victim and the retaliation against the perpetrator. In medical practice, the results of tooth transplantation cannot guarantee absolute equality, and therefore cannot replace the implementation of legal revenge. Second, from a maqāṣid al-sharī‘ah perspective, tooth transplantation especially those using donors from other individuals (allografts) has the potential to pose medical risks such as infection and tissue rejection. These risks contradict the sharia principle of lā ḍarar wa lā ḍirār (not to cause harm and not to cause harm to others). Therefore, transplantation can only be positioned as a form of peaceful settlement (ṣulḥ) in Islamic criminal law, carried out based on a voluntary agreement between the victim and the perpetrator after forgiveness is granted. This research contributes to the development of contemporary Islamic jurisprudence by emphasizing the importance of integrating sharia provisions and medical considerations in addressing the dynamics of bodily injury cases.