The Drug Addicts Rehabilitation: On Perspective of the Maqashid Shari’ah and Law Basic Principle

Abstract

The drugs abuse has been becoming the tendency, the drug addicts were punished by executing imprisonment, meanwhile a treatment called rehabilitation could be proposed as an alternative. The rehabilitation has its own fundamental rules. To respond, this research was focused on how the rehabilitation carried the result toward the drug users in maqasid syari‘ah and law basic principles use. To find the answer, a qualitative research has been conducted, employing descriptive analysis. The data was in the form of prime, secondary and tertiary legal materials. The result showed that the process of rehabilitation is based on maqasid syari’ah, to recover the abuser physical health according to hifzh an-nafs, mental health recovery, is based on hifzh al-‘aql, beside using the religious approach in carrying out the hifz ad-din principles. The process was ended by employing hifz al-mal and hifz an-nas. The expediency theory that focus on the criminal law can guarantee the human life. The rehabilitation become more effective if it is followed by the social punishments. The sanctions are aim to invite, to model, guide, or force people to obey the social norms.