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Narkotika dalam Perspektif Fiqh Kontemporer: Analisis Qawā‘Id Fiqhiyyah dan Perbandingan Pendapat Ulama Mazhab Fattah Hanafi; Aripin Marpaung; Nia Ramadhani; Najma Khairunnisa Nasution; Muhammad Alwi; M. Pryansah; Balkis Alisa Gita; Siti Aisyah; Muhammad Adrian Shahputra; Juan Prasatia; Muhammad Alfarisi; Alif Hadhari Fahzilah; Annisa Tuljannah Br Sagala; Van Dwi Pamungkas; Muhammad Hayqal Bani Hakim Tanjung; Habibullah Abdurrahman T. Bolon; Yudi Maulana Siagian
Reslaj: Religion Education Social Laa Roiba Journal Vol. 8 No. 6 (2026): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v8i6.12263

Abstract

This study discusses narcotics from the perspective of contemporary fiqh with a focus on the analysis of qawā‘id fiqhiyyah and the comparison of opinions among Islamic legal schools (madhhab). Narcotics abuse in the modern era is not only a matter of positive law and public health, but also raises moral, social, and religious problems that require a comprehensive Islamic legal approach. This research aims to analyze the legal basis of narcotics in Islam through the approach of qawā‘id fiqhiyyah, examine the views of the four major madhhab scholars regarding narcotics, and explain their relevance to positive law and contemporary medical developments. This research employs a normative Islamic legal research method with a descriptive-analytical qualitative approach. The data were collected through library research using primary sources such as the Qur’an, Hadith, classical Islamic jurisprudence books, contemporary scholars’ works, and national legal regulations. Data analysis was conducted using content analysis and comparative approaches to compare the perspectives of the Hanafi, Maliki, Shafi‘i, and Hanbali schools regarding narcotics. The results of the study indicate that the majority of Islamic scholars agree that narcotics abuse is prohibited (haram) because it shares the same ‘illat (legal cause) as khamr, namely intoxicating effects, damage to reason, and harmful consequences. The legal determination is strengthened through the application of qawā‘id fiqhiyyah such as al-ḍarar yuzāl (harm must be eliminated), dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (preventing harm takes precedence over obtaining benefit), and al-ḍarūrāt tubīḥ al-maḥẓūrāt (necessity permits prohibited matters). This study also finds that Islamic law provides limited permissibility for the medical use of narcotics in emergency situations under professional supervision. Furthermore, a rehabilitative approach toward narcotics addicts is considered more aligned with the principles of maqāṣid al-syarī‘ah than a purely punitive approach. Therefore, contemporary fiqh has strong relevance in addressing modern narcotics issues through a flexible, contextual, and benefit-oriented approach.
Fanatisme Mazhab dalam Perspektif Fikih Kontemporer: Analisis Konseptual dan Implikasinya terhadap Kehidupan Sosial Keagamaan Aripin Marpaung; Muhammad Zakwan Roji; Adnan Zuhdi Silalahi; Nur Ade Amelia Oktobery; Nur Fadilah; Muhammad Arif Rahman Hakim
Al-Hikmah Media Dakwah, Komunikasi, Sosial dan Kebudayaan Vol. 16 No. 2 (2025): Al-Hikmah Media Dakwah, Komunikasi, Sosial dan Kebudayaan
Publisher : DEPARTEMENT OF COMMUNICATION AND ISLAMIC BROADCASTING STUDIES

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/hikmah.v16i2.13765

Abstract

Islam, which fundamentally promotes unity and tolerance, has historically accommodated a plurality of Islamic jurisprudential schools (mazhab) formed through scholarly legal reasoning (ijtihad). However, contemporary Muslim societies increasingly experience school-based fanaticism, manifested in rigid allegiance to a particular school of thought and the delegitimization of alternative interpretations. Despite its prevalence, this phenomenon remains insufficiently examined within the framework of contemporary Islamic jurisprudence. This study aims to conceptualize school-based fanaticism and to analyze its dimensions, characteristics, underlying causes, and socio-religious impacts. Employing a qualitative library-based research design, this study systematically examines classical and contemporary Islamic legal sources using a comparative and analytical approach. The findings demonstrate that school-based fanaticism operates at both individual and collective levels and is characterized by epistemic rigidity, absolutist truth claims, and tendencies toward social fragmentation. The study identifies several contributing factors, including limited engagement with authoritative Islamic scholarship, the amplifying role of unregulated digital media, and political instrumentalization of jurisprudential differences. While its impacts are predominantly negative—such as heightened sectarian tension and weakened communal cohesion—this study also acknowledges a constructive potential when school adherence is grounded in ethical scholarship and intellectual discipline. Overall, the study emphasizes the importance of strengthening religious literacy, promoting jurisprudential moderation (wasatiyyah), and fostering respect for interpretive diversity as strategic responses to school-based fanaticism in contemporary Islamic societies.