Critical Analysis of the Death Penalty for Narcotics Traffickers: Perspectives of Islamic Law and Human Rights

Abstract

The proliferation of narcotics in Indonesia has become increasingly alarming, as it destroys younger generations and threatens social stability. One of the government’s legal responses is the imposition of the death penalty on narcotics traffickers. This policy has sparked intense debate, particularly when examined through the lenses of Islamic law and human rights. This article aims to critically analyze the application of the death penalty for narcotics traffickers using a normative juridical approach based on literature studies, while comparing Islamic legal and human rights perspectives. The findings indicate that within Islamic law, narcotics are analogized (qiyās) to alcohol (khamr), rendering them prohibited, with sanctions categorized as taʿzīr, whose severity may be determined by judges or the state in accordance with public interest. Based on the framework of maqāṣid al-sharīʿah, capital punishment can be justified as a means of protecting reason (ḥifẓ al-ʿaql) and life (ḥifẓ al-nafs) from the destructive impact of narcotics. Conversely, from a human rights perspective, the right to life is considered a fundamental right that cannot be derogated under any circumstances. Accordingly, the death penalty is viewed as a violation of this principle, inherently inhumane, and inconsistent with the global trend toward abolition. These findings highlight the unresolved dialectic between the legitimacy of capital punishment within Islamic law and its rejection from a human rights standpoint. Therefore, the implementation of the death penalty for narcotics traffickers must be carefully reconsidered with due regard to justice, human dignity, and the effectiveness of law enforcement.