UNAIR NEWS – Marijuana legalization for medical purpose has become a hot topic. Vice President Ma’ruf Amin even suggested the Indonesian Ulema Council (MUI) issue a fatwa on the use of medical marijuana.
Dr Prawitra Thalib SH MH UNAIR expert of Islamic Law highlighted the issue according to the Islamic law perspective. There are five reasons for the revelation of sharia in Islam. An Islamic law stands to maintain the five aspects, which is known as maqashid syariah.
“They are the preservation of religion, preservation of human life, mind, preservation of progeny, and property protection,” he explained on Monday, July 4, 2022.
If it aims to preserve life, Dr Prawitra stated that it is allowed to use marijuana. On the other hand, to preserve the mind, the use of marijuana for pleasure purposes is prohibited.
“The medical marijuana fatwa is good to emphasize the line for medical purpose only,” said the lecturer of UNAIR Faculty of Law.
The medical marijuana fatwa should be well-accommodated to prevent any abuse. The fatwa, he said, will also serve to prevent misinterpretation that marijuana is completely legalized.
“Someone who is fit as a fiddle using drugs is still prohibited,” he said.
Prawitra suggested that MUI should consider the urgency of medical marijuana if they are going to issue the legality fatwa.
“Hisbunnafs, preservation of life, is underlined. It is justifiable to prevent the life-threatening condition by using marijuana,” he said. The purpose of marijuana is to preserve life without jeopardizing the mind.
However, Prawitra said that the fatwa should be non-binding. It functions just as equal as legal expert’s professional opinion.
“It is nonbinding fatwa, in principle,” he stated.
In order to have binding legal force, the legalization of medical marijuana must be stipulated in the law. The issue should have been discussed in the national legislation program earlier.
Consequently, the government of Indonesia should be able to carry out law enforcement. The question is, if it is legalized in the future, will Indonesia be able to prevent marijuana abuse?
“I am worried that if it is not controlled properly, marijuana, which was originally used for medical purposes, will be misused for people’s pleasure,” said Prawitra concerned.
He urged the government to carry out law enforcement properly. Weak and minimum instruments of law enforcement only waste medical marijuana legalization.
“Consider the nation’s readiness carefully. Don’t let the good intention go wrong. Prioritize the benefit to eliminate harm. Insya Allah [God willing], God bless,” he concluded.
Author: Ghulam Phasa Pambayung
Editor: Nuri Hermawan
