Reinterpretation of Contemporary Islamic Law (Analysis Study of the Legal Fatwa of Smoking)

Abstract

This study used normative-juridicial approach performing the research on legal data related to legal determination against cigarette and smoking. Data sources obtained through literature research, information, and media news concerning legal status of smoking and any impacts arrised from it. The results showed that there are two relevant theories or fiqh which are used. The first principium is “dar’ul mafasid muqaddamun ala jalbil mashalih fiqh” (to refuse harm that would take precedence over the benefit). The second is rules of the prohibition of something namely haram li zhatihi (prohibition of its substance) waharamun li ghairi zhatihi (not prohibition of its substance). Cigarette is a product mainly made of tobacco, cloves and other ingredients which according to fiqh are not classified as prohibited ingredients. However, after going to the process, it has became prohibited or known as haram li ghairizhatihi due to its process. Meanwhile, smoking is an action which potentially having many harms such as tuberculosis, disturb health such as cough and difficulty in breathing as well as affecting welfare. Therefore, smoking is considered as prohibited (makruh and haram).

Keywords: Contemporary Islamic Law, Cigarette and Smoking, and Fatwa