criticism of the fact that it is forbidden to smoke mui

 

    RECENTLY the Fatwa Commission of the Indonesian Ulema Council (MUI) has just issued three fatwas, namely: Regarding the fatwa on smoking for children, adolescents, pregnant women and MUI officials and smoking in public places, the fatwa on abstaining from smoking and the fatwa mubah for pure yoga for the benefit of health [without certain rituals]. The result of the ijtima' of the MUI Fatwa Commission III in Padang Panjang is a new breakthrough, bearing in mind that in the first and second fatwas [related to smoking and abstentions], the MUI is directly entering the area of ​​regulation of wider public dynamics and the area of ​​practical politics – considering that so far the MUI has played more roles in the area of ​​high-politics or value politics.
  

 With regard to the fatwa on smoking forbidden — So far, the Islamic Ummah generally recognizes that the law on smoking is in the area of ​​makruh and even then there are still opportunities for wider khilafiyah [differences of view] [Ahkamu lam tadulla 'alayhaa nushushun laa qath'iyyatun wa laa zhaniyyatun wa lam yan' aqid' ijmaa'un 'alayhaa minal mujtahiddin fii ashri minal ushuri {a law that is not based on texts, neither qat'i[certain] nor zanni[alleged], nor is there mujtahidin's agreement on that law}]. As we know, the arguments for fiqh are: Al-Qur'an, Hadith, Ijma' mujtahidin and Qias. And some of the Ulama also added Istihsan, Istidlal, 'Urf and istishab. And based on the rule above [that there are no texts that prohibit smoking], not a few of the Ulama themselves are inclined to the mubah [permissible] opinion regarding smoking. We can prove this by not a few Ulama who are also active smokers. The idea that smoking is an act of disgrace [if you do it is okay, but if you don't do it you will be rewarded] is actually the most ideal principle to bridge the three existing views, namely views that forbid it, make it harmful and change it.

    So, after the ijtima' and the publication of the results of the ijtima' which have been eagerly awaited because it has been discussed for quite a long time – So even though there is no text that explicitly regulates the smoking phenomenon, with the ijma'-ijtima' [Ulama meeting agreement] then the position of the ummah is in the results of the ijma' [Ahkamu lam tadulla 'alayha nushushun laa qath'iyyatun wa laa zhaniyyatun wa laa kinin aqada 'alayha ijma'ul mujtahidina fii ashri minal ushuri {Laws that do not have nas, both qat'i [certainly ] as well as zanni [allegedly], but at one time the mujtahidin agreed [ijma'] on its laws}]. And the results of an ijma' of the mujtahidin scholars have of course been based on the results of careful research and the good and bad effects of an act on human beings [Darul Mafasid awla min jalbil masholih = the rule of rejecting anything that is wrong is far better than attracting everything that is beneficial]. So with this principle, it is mandatory for all Muslims to comply with the fatwa.

 

    We all agree that smoking is very detrimental to health. There have been so many research results that show this fact. Even on cigarette packs, the warning is no less conveyed in the form of an appeal: "Smoking can cause cancer, heart attacks, impotence and harm to pregnancy and the fetus." Even at safe levels [14 MG Tar and 1 MG Nicotine], smoking a cigarette is still dangerous for human health. And we have to admit that the fatwa on the prohibition of smoking [with these various notes] is a step forward in the compilation of istimbath Islamic law and we have to appreciate it positively even though there is still an impression of bias in the fatwa formula itself.

 

    There are two very visible biases: the first is gender bias, such as why only pregnant women are forbidden to smoke – not with their husbands at the same time. Yet according to the results of health research, a passive smoker actually gets a worse effect than an active smoker. A pregnant wife sitting in a private room [not a public area/area where smoking is permitted based on the fatwa] with her husband who smokes – will also endanger her health and that of the unborn child. Second, the bias towards health protection itself. For example, smoking ban for minors. In the midst of a family where adult family members smoke, of course this fatwa will not really affect the health of the child because the child will still be a passive smoker, which incidentally has a greater risk than an active smoker. Ideally, the MUI also considers that men [heads of families] and parents have a central role in forming a family's [uswah] healthy lifestyle construction so that regulation of male/husband smoking culture should be even stricter. Values ​​that are developed in the midst of the family, in the child's perspective are all good. So, whatever is done and said by the parents will also be carried out (imitation process) by the child. For example, if the parent likes to say harsh words, so will the child's oral tradition develop with the same structure. If the father and mother are often noisy in front of the child, then in the playing environment the child will develop the same thing. This includes smoking. If parents carry out smoking activities with high frequency in front of the child, the child's desire (curiosity) will appear to try to feel the pleasure behind smoking activity. We can conclude that the MUI's smoking ban is still difficult to implement properly.

 

    Likewise with the position and role of Ulama who are not involved in the management of the MUI - it is also worth questioning, considering their very strategic function and social influence among the ummah. The attitudes, actions and words of a Ulama are a source of inspiration for the ummah. Meanwhile, the percentage of Ulama outside the management of the MUI is much larger so that the effectiveness of this fatwa is also somewhat doubtful if it is not supported by the majority of Ulama. Moreover, from various statements in the media, the two largest Islamic ORMAS [NU and Muhammadiyah] also do not really support the presence of this fatwa against smoking. MUI must think about finding a method of approach to embrace all components of the aliem-ulama to actively participate in disseminating this fatwa.

 

    Hopefully in the future, the MUI will actually be able to produce a fatwa that is fully in favor of health and gender, namely by issuing a fatwa for all activities related to smoking for all groups regardless of gender, age and profession. We also hope that the ambiguity in this fatwa on cigarettes is not the result of pressure from cigarette entrepreneurs whose business interests are disrupted. Wallahu A'lamu Bishawwab