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Reinterpretation of contemporary Islamic law (analysis study of the legal fatwa of smoking)
Bibliografi
Author:
Hamid, Muhammad Arfin
Topik:
Contemporary Islamic Law
;
Cigarettes and Smoking
;
Fatwa
Bahasa:
(EN )
ISBN:
ISSN: 22243259
Penerbit:
International Institute for Science, Technology and Education (IISTE)
Tahun Terbit:
2017
Jenis:
Article - diterbitkan di jurnal ilmiah internasional
Fulltext:
Reinterpretation of contemporary Islamic law.pdf
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Abstract
This study employs a normative-juridical approach by examining legal data related to the legal determination of cigarettes and smoking. The data sources were obtained through literature review, information, and media reports concerning the legal status of smoking and its impacts. The results indicate that two relevant fiqh principles are applied. The first principle is “dar’ul mafasid muqaddamun ‘ala jalbil mashalih” (preventing harm takes precedence over obtaining benefits). The second concerns the classification of prohibition, namely haram li dzatihi (prohibited due to its substance) and haram li ghairi dzatihi (prohibited not due to its substance, but due to external factors). Cigarettes are primarily composed of tobacco, cloves, and other substances which, from a fiqh perspective, are not inherently prohibited. However, through their processing and resulting effects, they are categorized as haram li ghairi dzatihi. Meanwhile, smoking as an act has the potential to cause various harms, such as tuberculosis, respiratory problems (including coughing and breathing difficulties), and negative impacts on overall well-being. Therefore, smoking is considered either discouraged (makruh) or prohibited (haram).
Kajian editorial
Article from : Journal of Law, Policy and Globalization Vol.61, 2017
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