Journal Article
Published
The Use of Marijuana for Medical Purposes: Between Normativity and the Principle of Islamic Law Perspective
Abstract
This paper aims to examine the use of marijuana for medical
needs from the perspective of the principle of Islamic law “al-
ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law
revolving around the cause for issuing it, whether it is present or
absent). This study is library research sourced from the Islamic
Jurisprudence references, then analyzed by the inductive
method. The research results indicate that marijuana as a
treatment is relatively new, and Islamic jurisprudence does not
explicitly explain its legal use. Moreover, its use for health
services is prohibited in the Narcotics Law. Marijuana in Islam is
known to have an intoxicating cause that makes it haram
(prohibited). The principle of Islamic law, “al-ḥukmu yadûru ma’a
al-'illah wujūdan wa ’adaman” (the law revolving around the
cause for issuing it, whether it is present or absent), serves as an
excellent guide to know when a law applies and when it is
suspended. If there is a cause (‘illah), then there is a law; if there
is no cause (‘illah), there is no law. However, the reason (‘illah)
with marijuana is a type of common cause (al-'illah almuta’addiyah) where the branches of law (far’u al-ḥukm) follow
the original law. Therefore, the use of medical marijuana is still
illegal. Islam allows treatment with forbidden materials (haram)
only in emergencies following the terms and conditions of
emergency (dharuriyat) in Islam.
Publication Details
JournalMazahib : Jurnal Pemikiran Hukum Islam
Volume21 (2)
Pagespp. 315-339
ISSN1829-9067
SubjectsK Law > K Law (General)
KeywordsMarijuana, Medical, the principle of Islamic law “al-
ḥukmu yadūru ma’a al-'illah wujūdan wa ’adaman” (the law
revolving around the cause for issuing it, whether it is present or
absent)
Item ID2756
Deposited13 Jun 2023 06:50