Balancing Ḥifẓ al-Nafs and Ḥifẓ al-Māl: An Analysis of Maqāṣid al-Syarī'ah on the Pictorial Health Warning Policy on Tobacco Products in Indonesia

Vollständiger Abstract

Worum geht es in dieser Arbeit?

Cigarettes are a limited legal product that raises a policy dilemma between economic interests and public health protection. In Indonesia, one of the tobacco control instruments is the policy of including pictorial health warnings on the packaging of tobacco products. This study aims to analyze this policy from the ethical perspective of the Qur'an with the approach of maqāṣid al-syarī'ah. The research questions posed are: (1) how pictorial health alert policies are viewed from the perspective of maqāṣid al-syarī'ah; and (2) how the tension between the protection of the soul (ḥifẓ al-nafs) and the preservation of property (ḥifẓ al-māl) is explained in policy. This study uses a library research method with a qualitative approach and thematic interpretation (maudhu'ī), through the analysis of Qur'anic verses, interpretive literature, as well as regulations and health policy data related to tobacco control in Indonesia. The results of the study show that the principles of prohibition of harm, protection of life, and social responsibility in the Qur'an provide a normative basis for the pictorial health warning policy as a preventive instrument to suppress public health risks without eliminating economic activities. The tension between ḥifẓ al-nafs and ḥifẓ al-māl is managed through the principle of irtikāb akhaff al-ḍ ararayn, i.e., choosing lighter harm in order to prevent greater damage. These findings show that maqāṣid al-syarī'ah is relevant as an ethical framework in formulating tobacco control policies that are balanced, contextual, and oriented towards the benefit of the community.