Analisis Legalisasi Minuman Keras pada Acara Adat dan Keagamaan dalam Perda Sampang Perspektif Hukum Pidana Islam

Abstract

This study analyzes the legalization of alcoholic beverages at traditional and religious events, particularly Article 18 letter (i) of Sampang Regency Regulation Number 4 of 2017 concerning the Control and Supervision of the Distribution of Alcoholic Beverages, from the perspective of Islamic Criminal Law1. Religion is a binding system of rules in human life, becoming the main axis of the concept of a God-fearing human being. Islam is a perfect religion that formulates all aspects of human life, both worship and muamalah. In Islam, alcoholic beverages (khamar) are totally prohibited because they are considered an evil and satanic act, and bring more sin and harm than benefit. Islamic law focuses on the preservation of five things (al-maqasid al-khamsah), including religion, life, and reason. Ironically, in Indonesia, there is a normalization of the culture of drinking alcohol, including in Sampang, Madura, which is predominantly Muslim, often at traditional events such as wedding parties (le melle). In fact, alcohol has serious negative effects, such as physical and mental health problems, juvenile delinquency, fighting, and immoral acts. The local government, through local regulations, is trying to control the distribution of alcohol. However, from the perspective of Islamic Criminal Law, the legalization of alcohol is not in accordance with sharia and the concept of maslahah because it contradicts the objectives of sharia and causes more harm than good. Officials who legalize alcohol can be subject to ta'zir sanctions or categorized as bughat (rebels).