Islamic Legal Review Of The Death Penalty In Cases Of Narcotics Crimes

Islamic Law, Narcotics, Death Penalty

Abstract

Narcotics are classified as intoxicating substances (muskir) and cause great harm (danger) to people's minds, souls and morals, so that they are haram for production, distribution or consumption. Its haraam is equated with khamr (liquor) based on the arguments of the Qur'an and Hadith, such as Surah Al-Maidah verse 90 and the Muslim hadith which states that anything intoxicating is haram.. The imposition of the death penalty contained in Law Number 35 of 2009 is intended to provide a deterrent effect. The application of the death penalty from an Islamic legal perspective to perpetrators of narcotics crimes, especially producers, dealers, and distributors, can be justified as a form of ta'zir (discretionary punishment) aimed at protecting the welfare of the people (mashlahah mursalah), especially in preserving human reason and soul. Scholars agree that narcotics are forbidden because they are included in the category of muskir (intoxicants) or substances that eliminate reason and cause extraordinary harm (damage), damaging individuals and the social order. This prohibition is based on general principles in the Qur'an and Hadith that prohibit everything that is bad and destructive. The majority of fuqaha (jurists) view that narcotics crimes, especially those committed by dealers and distributors, can be subject to severe punishment, including the death penalty, through the ta'zir mechanism