LAW ABOUT DRUGS

By: KH. M. Siddiq Al Jawi

Drugs in terms of contemporary jurisprudence called "al mukhaddirat" (English: Narcotics). The definition according to Sheikh Wahbah Zuhaili is anything that harm the body and mind (kullu yadhurr al Jism wa maa al 'aql). (Wahbah Zuhaili, Al-Fiqh Al-Islami wa Adillatuhu, 4/177). The definition was not appropriate because it is too broad, given that definition may include anything beyond the understanding of drugs, such as too toxic and cigarettes. There are other, more precise definitions, namely that the drug is all matter (substance) which cause the loss of consciousness in humans or animals to varying degrees, such as hashish (cannabis), opium, and others. (Maaddatun tusabbibu fil aw al insan al wa'yi bidarajaatin Hayawan fuqdan mutafawitah). (Anis Ibrahim et al, Al Mu `jam Al Wasith, p. 220).
Sheik Hilali mendefisinikan Sa'aduddin Mus'id drugs as all matter (substance) which cause the loss or lack of awareness / sensing. (Sa'aduddin Mus'id Hilali, At Ta `Shil As Syar'i li Al Kahmr wa Al Mukhaddirat, p. 142).


Drugs is a new problem, that there is no future priests are four schools. As new drugs emerge in the Muslim world at the end of the 6th century Hijriyah (Ahmad Fathi Bahnasi, Al wine of wa Al Mukhaddirat fi Al-Islam (Cairo: Al Khalij Al Arabi Muassasah), 1989, p. 155).

However, no differences among scholars about illicit drugs in various kinds, be it marijuana, opium, morphine, marijuana, cocaine, ecstasy, and so on. Some scholars forbid the illicit drugs because diqiyaskan khamr, because there are similarities illat (for legal reasons) is equally intoxicating (muskir). But in our opinion, a more precise opinion that said, illicit drugs not because diqiyaskan with khamr, but because two alsan: First, there are texts that forbid drugs, second, because it raises the danger (dharar) for humans. This is the opinion Wahbah Zuhaili Shaikh in his book Al-Fiqh Al-Islami wa Adillatuhu, chapters IV, p. 177.

Nash is the isnaad sahih hadith of Umm Salamah RA that the Prophet SAW has banned from all intoxicants (muskir) and debilitating (mufattir). (Reported by Ahmad, Abu Dawud no 3686). (Uteybi Al Saud, Al Mausu'ah Al Jina `iyah Al Islamiyah, 1/700). The meaning mufattir (tranquilizers), are substances that cause a sense of calm / relaxed (istirkha `) and lazy (tatsaqul) on the human body. (Rawwas Qal'ahjie, Mu'jam Lughah Al fuqoha `, p. 342).

Besides texts, illicit drugs can also be based on the principles of jurisprudence about the dangers (dharar) which reads: Al ashlu fi al madhaar at Tahrim (a dangerous legal origin [harm] is haram). (Taqiyuddin An Nabhani, Al Syakhshiyah Al Islamiyah, 3/457; Shidqi Muhammad bin Ahmad Al Burnu, Mausu'ah Al qawa'id Al fiqhiyah, 1/24). This rule means that all things material (objects) that are harmful, is haraam, because Islamic law forbids has the peril. Thus, the drug is forbidden by the rules of fiqh as shown to cause harm to users.

Sanctions (uqubat) for those who use drugs is ta'zir, ie the types and levels of sanctions determined by Qadi, for instance jailed, whipped, and so on. Ta'zir Sanctions can vary according to degree of guilt. The new drug users with drug users different sentences long. Also vary with the drug dealers, and also vary with the drug factory owner. Ta'zir be to the extent of the death penalty. (Uteybi Al Saud, Al Mausu'ah Al Jina `iyah Al Islamiyah, 1/708-709; Abdurrahman Maliki, Nizhamul Uqubat, 1990, p. 81 & 98).