KONTEKTUALISASI HUKUM SEBAGAI SOLUSI PENOLAKAN PENGURUSAN JENAZAH MUSLIM YANG TERINFEKSI COVID-19 DI INDONESIA

Abstract

The Covid-19 pandemic that has hit Indonesia has sparked
excessive concern. The aspect of transmission of the virus, which was very
fast and claimed many victims, resulted in the prohibition of Covid-19
bodies from being buried near their area on the pretext of not wanting to
risk contracting the Covid-19 virus. These diverse responses when viewed
from a psychological point of view, will disturb the family of the deceased.
In Islam, it is required to take care of the feelings of the relatives of the
deceased as in the hadith of the Prophet "Do not insult those who are dead,
so that you hurt those who are still alive." This act will have a social impact
and strain relations between humans. This is where the need for legal
contextualization. Law cannot be interpreted textually in a normative level
only. More than that, it must be contextualized with today's modern world
to be more relevant. Thus, legal contextualization will occur, which can
provide legal solutions regarding the rejection of Covid-19 bodies based on
current factual realities.