Law Use of Marijuana

By: Dr. KH. Maulana Hasanuddin, M.A. (The Deputy Chairperson of the National Board Fatwa Commission of Indonesian Council of Ulama (MUI)); and Drs.H. Sholahudin Al-Aiyubi, M.Sc. (Deputy Secretary of the National Board Fatwa Commission of Indonesian Council of Ulama (MUI)).

Based on HalalMUI tracking, in some places / areas there are people who use cannabis leaves for spices typical of the region. And indeed the dish tastes more delicious than if you don’t use cannabis. However, some are banning the use of marijuana in total. In fact, there are often operations by the authorities to prevent the sending of cannabis from one area to another.

So, how does the law use marijuana? Here is HalalMUI’s review.

Basically, all Mazru’at, plants or vegetable products on earth are halal and may be used. Consider the meaning of the following verse: “And He has subjected to you whatever is the heavens and whatever is on the earth – all from Him. Indeed in that are signs for a people who give thoughts.” (QS. 45: 13).

This kind of verse verse is repeated several times in the Qur’an. Among them:

“It is He who create all of that which is on the earth, Then He directed Himself to the Heavens….” (QS. 2: 29).

“Do you not see that Allah has subjected to you whatever is on the earth…” (QS. 22: 65). 

“Do you not see that Allah has made subject to you whatever is in the heaven and whatever is in the earth and amply bestowed upon you His favors, [both] apparent and unapparent?” (QS. 31: 20).

Except if it contains Khobaits, bad or dangerous. Also pay attention to the meaning of the Qur’anic verses: “..and make lawful for them the good things and prohibits for them the evil…” (Surah Al-A’raaf 7:157).

In texts, there is also no provision or prohibition on the use of cannabis (Cannabis sativa syn., Cannabis indica). Therefore, the use of cannabis leaves for traditional cooking spices, as widely used in some regions of Indonesia, is permitted. As with other herbs, such as bay leaves, pandan leaves, celery, lemongrass, and others. Used as a seasoning too, with a relatively small dose. But if it is excessive, causing danger, it is forbidden. Here the rule applies: everything that is excessive and dangerous is prohibited: “…eat and drink, but not excessive. Indeed, He likes not those who commit excess.” (QS. 7: 31). Eating rice too, if it is excessive, so that the impact is harmful to health, of course it is prohibited. In accordance with Maqashid Asy-Shariah (the purpose of Sharia provisions), among them is Hifzhun-Nafs. Take care of yourself or the human spirit, so as to avoid danger. (HalalMUI)


Furthermore, HalalMUI also summarizes the utilization of cannabis leaves. When abused, the law of cannabis leaves is prohibited. For example, if the cannabis leaves are rolled, then burned and smoked like a cigarette, then that is a form of prohibited abuse, because it can cause harmful effects. As a simple Qiyash or analogy: a knife or machete is used to cut vegetables in the kitchen, or to slaughter chickens, it is allowed. But if it is used to threaten and rob, then the law is prohibited. Moreover, the use of marijuana to be smoked as a cigarette, for example, is usually very excessive, thus making the user become drunk, lost of memory and damage the mind.

In Islamic law the rules are very clear; “Laa dhoror walaa dhiror” (may not cause or cause harm to oneself, and must not also harm others). Also the rule: “Adh-dhororu yuzal” (the danger must be eliminated). This principle becomes the main foundation for mutual benefit in life. Broadly speaking, this Fiqhiyyah Rule prohibits all actions that bring Mudharat / Danger without good reason.

From here it can be understood, different uses, eating will also have different impacts, and thus also different legal provisions. As an example of comparison, the use of narcotics or morphine in medicine is permissible. For example in surgery, to anesthetize patients do not feel pain during surgery. But if you get drunk, then the law will be haram. In this case, including the category of abusing narcotics, and the law is clearly haram.

Whereas the government regulation prohibits the use of cannabis in general, then in the Fiqhiyyah Rule, it can be categorized as Saddudz-dzari’ah, a preventive measure. Namely preventing badness, or closing the door-the possibility of not grazing and stepping into the sin that is forbidden / forbidden in religion. This is also in accordance with the aforementioned Fiqhiyyah Rule, namely that the possibility that could cause danger must be eliminated. (HalalMUI)

Wallahu a’lam.

Source: Jurnal Halal 112

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