Kontroversi Hukum Merokok: Perspektif Muhammadiyah dan Nadhatul Ulama

Abstract

This study aims to determine smoking laws from the views of the two largest Islamic Community Organizations in Indonesia. The difference in the determination of smoking laws often causes debate in the community between the camp that accrues and the camp that prohibits the provisions of the smoking law. This research is a literature research with the object of research is cigarette law and legal determination methods (istinbath) carried out by the Muhammadiyyah Organization and Nahdhatul Ulama. The results of this study are based on the Muhammadiyyah fatwa issued by the tarjih council and tajdid Muhammadiyah stipulates that smoking laws are haram. The reason is because smoking has a mudharat and harmful effect both on oneself and others. Cigarettes contain chemicals such as tar, nicotine, and other addictive substances. In addition, cigarettes are also khaba'its and can kill a person slowly. The method of determining the law carried out by the tajdid council and tarjih Muhammadiyah is by bayani (semantics), ta'lili (rationalistic), and istislahi (philosophical) methods. Unlike Nahdhatul Ulama, it is more flexible in viewing and determining smoking laws. Nahdhatul Ulama does not easily establish haram against smoking laws. Cigarettes are a matter for which there are no legal provisions and nash both in the qur'an and hadith. Therefore, in determining cigarettes must be done with Ijtihad with considerations in maintaining the law. In Nahdhatul Ulama's view, smoking is not absolute can have a mudharat effect like a disease that directly affects someone who smokes. In fact, according to Nahdhatul Ulama's view, many people who smoke for years smoke but there is no impact caused by smoking. On the other hand, smoking can have a positive effect on one's soul such as making someone able to express ideas/ideas, eliminate fatigue, and provide energy for someone who works. On the other hand, Nahdahtul Ulama also believes that cigarettes have a positive economic impact both for the state (source of state income), cigarette traders, and tobacco farmers. The method of determining smoking laws is carried out by Nahdhatul Ulama with the qouly method, ilhaqi method, and manhaji method. Nahdahtul Ulama's view on smoking law is makruh. However, this is subject to change according to conditions. Originally, smoking was the law of mubah (permissible), but if it was excessive, the law became makruh. If smoking is clearly and definitely will cause harm or harm to the smoker, then the law is Haram.