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All Journal Islamic Studies and Law
Muslihun Amin
STAIN Teungku Dirundeng Meulaboh, Aceh, Indonesia

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Sanctions for Narcotics Abuse: A Comparative Analysis of the Double-Track System and Jarīmah Ta’zīr Muslihun Amin; Sumardi Efendi; Benni Erick; Sri Dwi Friwarti; Husamuddin MZ
Islamic Studies and Law Vol. 1 No. 3 (2026)
Publisher : PT. Riset Anak Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66618/isl.v1i3.1545

Abstract

Narcotics abuse is a multidimensional offense that threatens individual health, family resilience, and social stability, requiring a firm, proportionate, and just legal response. This article analyzes the concepts and legal foundations of sanctions for narcotics abuse under Indonesian positive law and Islamic criminal law, focusing on their similarities, differences, and relevance to national narcotics-control policy. The study employs normative legal research with a comparative legal approach and descriptive-qualitative analysis of primary, secondary, and tertiary legal materials collected through library research. The findings show that Indonesian positive law applies a double-track system combining criminal punishment and rehabilitation under Law Number 35 of 2009 on Narcotics. In Islamic criminal law, narcotics abuse is classified as jarīmah ta’zīr through qiyas with khamr, with sanctions determined by ulil amri based on maqāṣid al-syarī’ah, particularly ḥifẓ al-‘aql. Both systems emphasize public protection and offender rehabilitation but differ in legal sources, forms of sanctions, and judicial authority. Integrating rehabilitative principles with maqāṣid al-syarī’ah may strengthen the effectiveness, proportionality, and fairness of narcotics-control policy in Indonesia.
Co-Authors Benni Erick Husamuddin MZ Sri Dwi Friwarti Sumardi Efendi