Kanun: Jurnal Ilmu Hukum
Vol. 25, No. 2, August 2023: Contemporary Issues on Indonesian Legal Reform

LEGALITY OF ALCOHOLIC BEVERAGES IN INDONESIA: BETWEEN POLITICAL ECONOMY AND HIFZ AL-ʿAQL PERSPECTIVE

Beni Firdaus (State Islamic University (UIN) Bukittinggi)
Busyro Busyro (State Islamic University (UIN) Bukittinggi)
Ismail Ismail (State Islamic University (UIN) Bukittinggi)
Rahmiati Rahmiati (State Islamic University (UIN) Bukittinggi)
Pendi Hasibuan (State Islamic University (UIN) Bukittinggi)
Selfia Marlina (State Islamic University (UIN) Bukittinggi)



Article Info

Publish Date
01 Aug 2023

Abstract

Legalizing alcoholic beverages under Indonesian Presidential Decree Number 10 of 2021 concerning to Investment Business raises conflicting view with Islamic norms in Indonesian as religious state. Under Islamic norm such prohibition intended to   maintaining of reason (ḥifẓ al-ʿaql), while on the one hand it is for the improvement of the country’s economy (ḥifẓ al-mal). This paper measures such contradictory under maqasid Syariah auspice. The method used is a normative research with a content analysis approach. This paper found that the legalization of investment in alcoholic beverages has not reached to the stage of necessity (ḍaruriyya), while the acquisition of property (ḥifẓ al-mal) was obtained through the legalization of alcoholic beverage investments, only at the level of (taḥsiniyyah). Therefore, something related to the tahsiniya level should not negate the position of ḍaruriyya of ḥifẓ al-ʿaql. Eliminating the potential of greater mafsadah must be put forward by the Indonesian government rather than producing uncertain maslahah. 

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...