Khamr in the Perspective of Maslahah Mursalah: A Balance Between Goodness and Legislation on the Prohibition of Alcoholic Beverages

The law regarding alcoholic beverages in Indonesia is still a polemic, for example there is MUI Fatwa No. 11 of 2019 concerning Laws related to Alcohol, unfortunately it is not legally binding and only applies to Muslims in Indonesia. Laws banning alcoholic beverages must be passed in order to enforce laws that apply to everyone, given the current situation, it is important for Indonesia to introduce rules banning alcoholic beverages to ensure that the public is always aware of the dangers they pose. The dangers posed by alcoholic beverages are discussed in this qualitative literature study (library research) from a philosophical and historical perspective using the maqasid al-shari'ah approach. The objectives of the maqasid al-shari'ah study of the prohibition of alcohol and the prohibition of khamr are to: First, Take advantage and eliminate mudharat, Next, the pattern Second, the purpose of saad al-Dzari'ah is to uphold the principle of dar'ul mafasidi muqaddamun 'ala jalbil mashalih, which states that doing good is more important than doing harm. This is done to preserve property, fate, soul, and reason. This shows that all harmful drinks, including khamr, are prohibited and hence considered haram because they use the same legal 'illat as khamr.


INTRODUCTION
Alcoholic beverages date back 500 years, and for some groups and cultures, they are a staple in everyday life.certain cultures and societies.Alcoholic beverages such as liquid brem, tuak, saguer, and ciu are available in Indonesia.While each country has a distinctive brand name and look [1]  Legal action In Indonesia, the control of alcoholic beverages has not been fully implemented.This is due to several factors of legal effectiveness that have not been fully met.

LITERATURE REVIEW
The theory review conducted in this article is very multidisciplinary.First of all, the theory of law and justice is the main basis for discussing the need for a law regulating alcohol consumption in Indonesia.With reference to this theory, the authors consider the social and legal implications of alcohol consumption, including the impact on society and the country as a whole.In addition, a social justice approach is used to recognize that alcohol consumption can bring significant disruption to society, increase the risk of traffic accidents, and affect future generations.However, to provide a more holistic view, the maqasid al-Shari'ah approach is also used.This approach allows the author to

METHODS
The research method used in this study is a qualitative method using primary data, namely by conducting and utilizing secondary data by looking at the data review descriptively and using analysis, where the process of meaning (subject perspective) is emphasized more in research based on Islamic Law, especially on the perspective of Maslahah Mursalah.(removing obstacles), second, "taqlilut takalif" (lightening burdens), and third, "at-tadarruju fittasyri" (lightening burdens).

RESULTS AND DISCUSSION
First, Maslahat is divided into three kinds based on the strength of nash's support for it, or its normative validity.For example: a) Maslahat which can be used as 'illat in qiyas and its validity is upheld by sharia.b) Maslahat that is not supported by sharia either in terms of its validity or in terms of its validity and invalidity.
Second, in terms of the inherent strength of the benefit (functional validity).Ghazali offers prerequisites for its application as opposed to this maslahat: a) the maslahat is primary and essential (dharuriyah); b) the maslahat is very firm and clear (qat'iyyah); c) the benefit is universal (kuliyyah); and d) the maslahat is supported by comprehensive evidence from the whole qarinah (mu'tabarah).[6] Such a maslahat is related to takmîlan and tatimmah, two characteristics of perfection.[7] In a different formulation, it is also said that there are several standards that must control the validity of the problem of mursalah in the study of jurisprudence, which are as follows.First, Maslahah must be ensured to actually realize benefits or avoid damage, not just speculative or hypothetical.Secondly, Maslahah is not only concerned with individuals, but also the entire society.Third, despite the arguments of maslahah, the principles established by the sharia nash should not be ignored.
In a different formulation, it is also said that there are several standards that must control the validity of the problem of mursalah in the study of jurisprudence, which are as follows.First, the problem must be certain that it actually realizes a benefit or avoids damage, not just speculative or hypothetical.Secondly, Maslahah is not only a personal matter, but also affects the whole society.Third, the reason of maslahat does not lead to abandonment of a principle established by the nash of sharia.The division of maslahah as discussed earlier does not actually exist, and since the purpose of shari'ah is benefit, all benefits-both those supported by nash and those without-must be realized without having to fall into categorical categorization of maslahah.[8] In addition to damaging the nerves of the brain, the dangers of alcohol can also have Overall, the process of creating an object using mashlahat is carried out carefully to ensure human well-being, which can be seen from the provision of benefits and the removal of obstacles and buildings.
In KBBI (Big Dictionary Indonesian) interprets the word keboardan and Advice with different meanings.KBBI defines Kessadan as expediency, usefulness, importance, and goodness.While the word Advice Defined as faidah, benefits, and goodness that come from something.This shows that the word benefit is included in KBBI in the noun group with the original form, namely the word maslahat which is affixed with the prefix to-and suffix -an but the word maslahat itself mauk into the dictionary as a root word.[9] Since the word "maslahat" comes from the word "shalaha," which means good and is

West Science Islamic Studies  113
examine the prohibition of alcohol and khamr from a philosophical and historical point of view, focusing on the purposes and benefits of Islamic law, such as safeguarding property, nasab, soul, and reason.Furthermore, Islamic legal theory and MUI fatwas are also involved, considering Islamic views on alcohol consumption and the impact of MUI fatwas on this perspective.Thus, this theoretical study combines various scientific approaches to present strong arguments about the need for a law prohibiting alcoholic beverages in Indonesia.
the antithesis of bad, it is used to indicate whether something is good or one becomes good.Nevertheless, the erminological concept of good and bad has some limitations.1) Maslahat is supported by sharia, not only human reason which is very limited and easily influenced by the environment and lust, according to the work of Amir Syarifuddin.2) Maslahat studies include ukhrawi and worldly affairs in determining good and bad.3) Maslahat is viewed from the point of view of sharia 'not only in terms of rûhaniyah pleasure, but also in terms of physical pleasure.According to scholars who use maslahat as one of the foundations of shari'a, the legal basis is based on: 1.As people's interests and needs change over time, so do the difficulties they face.Reality shows that many problems or issues that did not exist in the lifetime of the Prophet eventually emerged and occurred in the next era, some of which even occurred immediately after the Prophet died.If there is no evidence that can solve these problems, then human life will be limited.The postulate in question is a postulate that can judge what is beneficial to man and what is not in accordance with the basic principles of Islam.If the postulate already exists, then human benefit can be achieved under any conditions, anytime and anywhere.

and Scope of Khamr in Sharia Context
• DefinitionDrinks with a high ethanol content are called liquor.An alcoholic beverage is any liquid that contains ethanol and has gone