Methodology for Determining the Halal of Medicinal and Food Products in Maslahah Perspective

Medicine and food are the two primary commodities needed for humans. Both are very important for maintaining human survival and also the environment. With the rapid development of science and technology (saintec), including the production of food and medicine, there have been many product innovations that utilize natural resources optimally or reprocess existing resources. It is undeniable that advances in science and technology are able to produce various products that not only make optimal use of resources, but are able to answer the various human needs for medicine and food. With the obligation, especially Muslim consumers, to only consume Halal medicines and foods, problems arise related to the halal status of medicinal and food products. Even though there have been many writings from scholars regarding the methodology of stipulating halal law or the prohibition of something, it will be, but with the phenomenon of the very wide variety of medicinal and food industry products, this methodology is still very important to be reviewed again. The aim of this paper is to produce a specific methodology for the determination of halal medicinal and food products from a Maslahah perspective. This paper is a literature study using an analysis of the istimbath process using the Maslahah perspective on medicinal and food products.The results of this study are a methodology that can be used as a basis for determining the halalness of medicinal and food products from the Maslahah perspective as well as practical instructions for non-Sharia communities to assess whether a product is Halal or not.


INTRODUCTION
Medicine and food are the two primary commodities needed for humans. Both are very important for maintaining human survival and also the environment. With the rapid development of science and technology (saintec), including the production of food and medicine, there have been many product innovations that utilize natural resources optimally or reprocess existing resources. It is undeniable that advances in science and technology are able to produce phenomenon of the very wide variety of medicinal and food industry products, this methodology is still very important to be reviewed again.
The developments that occur in science and technology midwives have an impact on increasing the ability of factories to produce various products. At the same time, these developments have also resulted in an increasing need for various industrial products including food and pharmaceuticals. The increasing variety of industrial products as a result of science and technology innovation has the opportunity to use haram materials or elements, whether from plants, animals, microorganisms, minerals, or synthetic materials. A Muslim consumer will usually find it difficult to determine the halalness of a product due to lack of information about the product and also lack of knowledge about Sharia. For Sharia experts, they will need more and more information about product specifications. While field assessors are those who can analyze the halalness of a product, apart from needing an understanding of the product concept and process, they also need a certain methodology that they can use as a standard and reference for determining the halal law of a product. A methodology is a series of systematic methods or specific ways of working that are used to carry out a job to achieve the desired goals. While istinbath means problem formulation. Istinbath comes from Arabic which means to issue or determine. Terminologically, istinbath is the effort that must be made to formulate syara 'laws based on the Koran and Sunnah by means of ijtihad. (Zein, 2009). One of the istinbath methods is maslahah.
The aim of this paper is to produce a specific methodology for the determination of halal medicinal and food products from a Maslahah perspective. Al-Ghazali explains the maslahah as the "preservation of the religion, life, mind, offspring and wealth." According to him, "everything that leads to the preservation Ghazali, 1998). Hence, it is generally held that the Shari'ah in all its parts aims at securing a benefit for the people or protecting them against corruption and evil in various degrees. (Jalil, 2006)

RESEARCH METHOD
This paper is a literature study using an analysis of the process of establishing Islamic Law f. The treatment of disease itself is actually a human effort to get well and be healthy, but the True Healer is Allah. There must be a synergy between initiative and prayer.

Stage 2. Approach in The Process of Establishing Islamic Law (Istinbath)
For the determination of Islamic law on the use of food and medicine, it is necessary to approach the problem which is determined based on the characteristics of the problem.

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One example of the characteristics of this problem system is that it is a combination of modern scientific studies and classical science studies (Sharia) whose contextualization is very dependent on the causes, processes, and outputs of the study. The approach taken in the process of determining law (istinbath) is a combination of modern discussion methods and classical Islamic studies. The amalgamation of modern science and classical science is one of the most intermediate methods used by various modern Islamic mass organizations or Halal certification bodies, especially in Indonesia. Making a legal decision on a certain topic is carried out through a presentation mechanism or Focus Group Discussion (FGD).
In it there were questions and answers, until a final conclusion was drawn which was formulated by the committee which later became a decision. In the decision-making trial, a paper is submitted to be presented and the opinions of experts from different disciplines are asked for the proposed topic. Then formulated by the formulating committee from the opinions that arise not only from experts but also from the participants and resource persons.
So the resulting decision is juhud jama'iyyah as a representation of the views of the institution / organization. Even though the approach taken has involved the theory and views of various competent parties, it is still necessary to realize that even if it has There is an agreement by the ulama with the same formula, but it is not certain that the results of ijtihad are the same. This is because it still depends on determination, expertise, accuracy in making a single decision, and a review of its various aspects. For this reason, it needs to be seen and re-analyzed regarding an ijtihad that has been issued either by an institution or individually, even though there is a fiqhiyyah rule which says that an ijtihad cannot erase other ijtihad. (Hisbah & Board, 2011)

Stage 3. Islamic Law Study Methodology
Methods are procedures, techniques, or steps to do something, especially to achieve certain goals. Whereas methodology is a scientific procedure which includes the formation of concepts, prepositions, models, hypotheses, and theories, including the method itself.
The methodology of study for establishing law is a scientific procedure which includes the formation of concepts, prepositions, models, hypotheses, and theories, and methods for fixing a problem in a particular legal position. There are various methods used in researching law. One of the mechanisms used is the al-istiqrâ` al-ma'nawî method which is generally accepted in legal research, the details of which are as follows: Step 1. : Determine the problem or theme that will be the target of the research or the answer will be sought. In this context, the issue of Islamic Law, both about ushûl rules, fiqh rules and specific laws.
Step 2. : Formulate a problem or theme that has been determined or selected. In the process of searching for the provisions of a law, even in a simple form, the formulation of the problem is important. Because this is where the data, in this case the arguments and empirical facts relevant to the problem, can be collected.
Step 3 Step 4. : Understand the meaning of the legal texts one by one and the relationship between one another. For this, as already mentioned, an adequate knowledge of lafaz forms and other linguistic aspects is required. However, considering that understanding these texts is not sufficient in terms of language, it is also necessary to relate them to things, namely: first, the textual context (siyâq alnash) itself. Second, the context of the conversation (siyâq al-khithâb). Third, the context of the significant condition (siyâq al-hâl). So, the legal texts must be understood in detail one by one, comprehensively, either the text, the context or the historical background of the emergence of the texts.
Step 5. : Taking into account the conditions and significant indications of a society, which are implicitly understood from the concept of al-Syâthibî about qarâ`in ahwâl, especially the ma'qûlah or gairu manqûlah. In connection with the need to look at the indications in this category of gairu manqûlah, legal researchers have examined al-Syâri 'silence regarding the law, even though there is a His silence on issues related to worship.
Step 6. : Observe the reasons ('lllah laws) contained by the texts, to be derived from a significant context in responding to the existence of these legal reasons and applying them in empirical cases. It is necessary to pay attention to 'illah-'illah in legal texts, especially concerning amar and nahî, because according to al-Syâthibî, the reasons why something was ordered and why something was prohibited, sometimes clearly known (' illah ma'lûmah) and sometimes unknown ('illah gairu ma'lûmah). If the 'god is known, then his demands must be followed. Like marriage, the reason ('illahnya) is for the benefit of the offspring, buying and selling for the benefit of the use of the object being Step 7. : Reducing legal texts to become a unified whole, through a process of abstraction by considering universal and particular texts, so that those particular texts can be included in a universal framework. Step 8. : To determine or conclude the law being sought, whether it is universal in nature, in the form of ushûliyah rules and jurisprudence rules as well as specific laws. This is what is called a legal product. Observing the concept of al-Syatibi about the relationship of texts with reason, the relationship of texts with tradition or social development and the requirements of ijtihad, as well as the characteristics of the al-istiqrâ` al-ma'nawî method, the above method of work can be applied by following two or one of the two conceptual frameworks, namely min al-a'lâ ilâ al-adnâ or identical to the term up-down and which are min al-adnâ ilâ al-a'lâ or identical to the term bottom-up. The first begins with understanding collective, particular and universal texts, to draw a legal conclusion. Then the law is projected onto cases or symptoms that occur in society. Meanwhile, the second conceptual framework begins with studying cases or social phenomena in depth, to draw a tentative legal conclusion. Then the tentative law was confirmed with legal texts. If there are conflicting elements, then these texts give values that are in accordance with the general objectives of the syarî'ah. In connection with the above methods of work, the question arises as to whether the patron used by al-Syâthibî in this al-istiqrâ` method. In the case of texts and qarâ`in ahwâl which refer to the same coordinate point, this kind of problem is not that complicated. However, it becomes important because of the texts which each lead to a different coordinate point. (Nawî, Syariah, Raden, & Palembang, 2013)

Stage 4. The Form Change of The Matter (Istishalah)
Istihalah can be defined as the change of form by mixing the matter with other substance to create a new product that has different form and content. The inference drawn here is that istihalah means transformation of one matter into another new completely different one by means of mixing.
The first notion to extend its customary practice come from Hanafi Maliki Ibn al-'Arabi, Ibn Taymiyyah, Ibn al-Qayyim, al-Syawkani and Ibn Hazm al-Zahiri. They put the theory of istihalah in a more general scope. This is due to that they accept this theory as one of the processes which can alter something impure (najis) into something ritually pure, such as the process of ripening of arrack into vinegar. Al-Hanafiyah and Al-Malikiyah madhabs declare that istihalah changes the  (strong) one. Among their reason is because the law revolves around its 'illah (cause or reason). When the 'illah exists, the law exists. When the impure characteristics have gone, so has the law. That is what is elaborated by ushuliyah, Translation: "The law revolves around its 'illah. When the 'illah exists, so does the law. On the contrary, when the 'illah does not present, neither does the law". This is the more appropriate notion to be applied nowadays. We should remember that crude oil come from carcasses of animals which had been buried for thousands of years. Animal carcasses are obviously impure. Crude oil is regarded as impure based on Syafi'iyah and Hambali notion, and if we cling on that notion, that becomes a problem in our present era. Both Asy-Syafi'iyah and Al-Hanabilah madhab persist that najis 'ain like swine cannot be purified although it has undergone total alteration, unless three conditions are met. First, wine that turns into vinegar by itself. Second, dead animal skins other than those of the dog and swine can be purified through tanning. Third, something that turns into animal like carcasses turn into maggots because a new form of life has begun. Based on that notion, something experiencing change of form is still consider impure if it comes from impure source, unless there are three conditions met. Najis from animal being burned into ash stays impure because it derives from najis source. However, if that najis turns (istihalah) completely into something new, it is pure. An example is when wine turns into vinegar. Hambali madhab hold the stance that something impure cannot be purified by means of istihalah except wine turning into vinegar by itself. Transformation process caused by burning, tanning or mixing with other ingredients does not ritually purify.
Based on the Islamic scholars' notion in extending or narrowing the concept of istihalah, it is inferred that Hanafi madhab scholars' notion is more relevant to be applied and conforms the present world. This opinion complies with rapid science and technology development. Various findings and research have been conducted, and the phenomenon has led to the emergence of new issues especially in food production. (Wijayant & Kaukab, 2019)

Maslahah Perspective
After the research process or study of legal propositions, the next stage of this paper is to formulate the Islamic Law Establishment Methodology (Istinbath). The process of an ijtihad itself is inseparable from the main concept of Muslims, namely, the Qur'an and hadith, as well as several other sources which of course also refer to the two things above.
The formation of an Islamic law must be based on criteria predetermined by previous 1) Not accepting absolute consent in the field of worship, except for a friend's consent.
2) Not accepting qiyas in mahdhah worship, being in a matter of ghair mahdhah worship, qiyas can be accepted as long as it meets the requirements of qiyas.
3) If there is a conflict of argument (ta'arudh al-adillat), the steps to be taken are combining (tariqat al-jam'I) as long as possible, looking for stronger arguments (tariqat al-tarjih) and eliminating if (the initial one is and finally) the postulate can be known.

4)
In berijtihad, the Hisbah Council uses the rules of ushul fiqh as is customary for jurists.
5) The Hisbah Council does not tie itself to one mazhab (sect), but the opinion of the Imam of the mazhab is taken into consideration in making decisions, as long as it is in line with the spirit of the al-Qur'an and as-Sunnah.
Legal decisions are made on the basis of juhud jama'iyyah (joint effort) in specialized hearings which mostly discuss contemporary topics, such as transplants, urine treatment, check trading and others. (Hisbah & Board, 2011)  . So every thing that contains the maintenance of these five principles is called maslahah.
Anything that can negate these five basic principles is called mafsadah, while eliminating mafsadah is maslahah. According to Prof. Dr Wahbah az Zuhaili is the same as his predecessors, which is only in the field of muamalah and does not apply in the field of worship. The operational requirements for the maslahah mursalah according to Prof. Dr.
Wahbah az Zuhaili are: a. If the act or charity is in the form of a real maslahah (haqiqatan), it is not just a conjecture (wahmiyah) if it can manifest benefit and reject madharat.
b. Nor is it when doing charity with maslahah is contrary to the laws or principles that have been established based on the texts or Ijma '.
c. The last provision according to Prof. Dr. Wahbah az Zuhaili that the coverage of maslahah is general, that is, it can bring benefits to many people.
According to Prof. Dr. Wahbah az Zuhaili, the scholars differ in taking maslahah levels for a law while the one who uses the most istidlal with maslahah is Imam Malik then Imam Ahmad then Imam Hanafiyah then Imam Syafii. Then Prof. Dr. Wahbah az Zuhaili himself is more inclined to the opinion of Imam Ghazali and Ibn Daqiq to be more careful in taking this principle because it requires thorough understanding and depth of istinbath. (Ariyadi, 2017) CONCLUSIONS From the above discussion, we can conclude that the methodology of establishing law from the perspective of problems is a series of stages, each of which has a specific method and purpose of implementation. The methodology paper that we produce is a process of preparing procedures starting from the formulation stage of the conditions or basic thinking, the assessment stage, the assessment stage of the process of changing material or raw materials, the legal determination stage, and the legal determination stage from the Problem Perspective. Future research will revise this methodology and supplement it with a flow chart of the law enforcement methodology along with more detailed case studies.