MUI; Must Understand Muqorin's Fiqh (To know cigarette Law; Which Rajih)
Nur Fadlan[2]
I. Dilemma MUI's Fatwa About Cigarette
All kind of tobacco are dangerous. This effect not just to myself but to every thing which around us. Nowadays tobacco very caprice, the name different but originally those is same, tobacco. Such as mild, light, low tar, full flavor, fruit flavored, chocolate flavored, cappuccino flavored, natural, additive-free, organic cigarette, PREPS (Potentially Reduce-Exposure Products), and harm-reduced. All make up tobacco which danger for our health.
WHO Framework Convention on Tobacco Control (WHO FCTC) make agreement to world welfare. Most country in the world agree for that agreement but Indonesia before declaration without clear reason.
Indonesia more reconnoiter aspect social because our country is agricultural so very impossible to forbid smoking. In Temanggung regency is produce the best tobacco so if command cigarette realize will effect people. Beside that, tobacco which produce Temanggung regency is the best tobacco in our country. Approximately this tobacco quality can reach cost Rp 400.000/kg.
It's just one sample to us about tobacco. Other, may be tobacco factory can reach cost more excessively. Certainly high cost include in country tax. Such as we know, If country has more for APBN, it can realize any program from welfare.
II. Reason Cigarette forbid
From medical view, cigarette opinion disturb our health. World Health Corporation WHO mention that in America there are 346.000 dead every year cause cigarette. And not less 90% from 660 people suffering cancer in Shanghai China hospital cause cigarette too.
Research result mention about cigarette danger that 20 stick cigarette every day can reason decrease 15 % hemoglobin. Hemoglobin is blood form substance.
Main poison in cigarette is tar, nicotine and carbon monoxide. Tar is hydrocarbon substance which characteristic adhering and sticky in our lungs. Nicotine is addictive substance which effect our nerve and blood turning. This substance characteristic carcinogen and make lungs cancer which dangerous. Carbon monoxide is substance which string blood hemoglobin so blood can't string oxygen.
Cigarette poison effect make smoker risk 14 fold allow lungs cancer, mouth and throat than which not smoker. Beside that, smoker will experience 4 fold allow esophagus cancer, smoker will experience 2 fold allow heart disease and cigarette more pneumonia suffer. From this we can conclusion that smoking is dangerous for our health.
According to Sheikh Muhammad bin Shalih al-Utsaimin's fatwa; smoking is forbidden (haram) base al-Qur'an, as-Sunah and true logic[3]. Allah said, "Spend in the way of Allah and do not cast into destruction with your own hand. Be gooddoers; Allah loves the gooddoers." (al-Baqara: 195)[4]
About as-Sunah which explain about this cigarette law is al-Hadist shahih from Rosulullah. He said, "Not able (appearing) danger and not able danger man other too."[5]
Syeikh Muhammad bin Ibrahim said that cigarette is haram cause contain poisons. In our al-Qur'an said, "He will make good things lawful to them and prohibit all that is foul. (al-A'raf: 157)[6]
Rosulullah forbid every thing which making drunk and graceful. This Hadist from Imam Ahmad and Abu Dawud which reach to Ummu Salamah. From this statement we can know that cigarette is forbid. Sheikh Muhammad bin Abdul Wahab said that cigarette is forbid cause making graceful and drunk.
Beside that, Ulama Egypt, Syria and Saudi Arabia said that cigarette is haram or forbid, them reason is danger. This opinion supported from Sheikh Ahmad as-Sunhawy al-Bahuty al-Anjalaby, Sheikh al-Malakiyah Ibrahim al-Qaani from Egypt, an-Najm al-Gazy al-Amiry as-Syafi'I from Syria and Abdul Malik al-Ashami from Mecca.
DR. Yusuf Qordhawi's opinion about cigarette is forbid (haram). Him main reason is dangerous for our health. According him disable someone make dangerous and reply dangerous, such as Nabi's Hadist which said Ahmad and Ibnu Majah. Qordhowi said that cigarette except danger, it make smoker throw time and property too.[7]
Cigarette is haram constitute ulama's contemporary conclusion. They know that every stick cigarette contain more than 4000 kind of dangerous poison.
III. Reason Cigarette Not Forbid
Hasyim Afandy; MUI chairman former said that cigarette not forbid. He said, "If complication have clear law, fatwa not necessary came out."[8] Beside that, Nahdlatul Ulama Temanggung board; Tajudin Noor said that in Islamic law there is't statement which said that cigarette is forbidden. Most of ulama said that cigarette is makruh.
Tajudin Noor said, "In Islamic law there isn't one of reference that cigarette is forbidden (haram), just there are worldview difference." Part of ulama' said that cigarette is makruh and other just assumed be able.
Tajudin take Ahlusunnah Waljama'ah worldview that every thing happen because God desire, not cause theory which human development. He said, "Example; smoking is danger for our health; this is usually. But not absolute. Caucalitas law such as that not happened usually."
In Temanggung there are tobacco very much. This place is produce tobacco biggest in our country; Indonesia. Tobacco quality from this place is the best, according most of people. One of tobacco kind; Srintil tobacco can reach cost Rp400.000/kg. So if smoking forbidden can loss country devisen.
IV. Rethinking for Cigarette Dilemma
Fatwa about cigarette is dilemmatic. If MUI fatwa forbid cigarette, most of cigarette factory closed. Besides cigarette tax for our country is very much, so country devizen will down.
Komosi Perlindungan Anak press MUI to produce Fatwa which cigarette forbid. This purpose safety and healthy for child protected. Beside that YLKI (Yayasan Lembaga Konsumen Indonesia) support this proposal. YLKI Tulus Abadi said, "We give proposal to MUI about cigarette forbidden". Direktur Pusat Studi Islam and Mentri Agama RI former; M. Quraish Shihab said, "Cigarette must forbided although in al-Qur'an there isn't ayah which explain that cigarette is forbid. Because cigarette more much negative effect than positive effect.
Sociologist from Universias Indonesia; Imam B Prasodjo in public discussion about prohibition tobacco effect said, "We request Majelis Ulama' Indonesia (MUI) about cigarette forbid law, cause addictive essence can reason most of illness and absorb 11 % poor people result. Beside that Fuad Baradja direct campaign about anti cigarette. He said, "Most of negative effect from cigarette must became basic from MUI to produce fatwa; about smoking.
Wakil komisi Fatwa MUI; Prof. Dr. KH Ali Mustafa Yakub said, "MUI not yet produce cigarette fatwa cause request official from society not yet reach us. In Indonesia Muslim society there are different worldview about cigarette. One of them said that cigarette be able (mubah) and other said that cigarette is forbid (haram).
From description above, we can take conclusion about cigarette law. Is it forbid or no? …
[2] IKAMARU lover and al-Raudla manager
[3] Syeikh Muhammad bin Shaleh al-Utsaimin, Fatwas nowdays 2, In the Program Nur 'alad Darb
[4] Depertemen Agama Republik Indonesia, Al-Qur'an dan Terjemahannya, page. 29
[5] Hadist Ibnu Majah, Kita al-Hakam, no. (2340)
[6] Op. cit. page. 170
[7] DR. Yusuf Qordhawi, al-Halal wa al-Haram fi Islam.
[8] Suara Merdeka, Jum'at (15/8/2008)
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