Sertifikasi Halal Sebagai Instrumen Legislasi Modern dalam Hukum Islam: Tinjauan Maslahah Mursalah

Abstract

The transformation of Islamic law in Indonesia faces fundamental challenges in bridging religious doctrine with the state's positive legal system. This study aims to analyze the epistemology of maslahah mursalah in the positivization of Islamic law, particularly in mandatory halal certification policies and the self-declare scheme, along with their sociological implications. Using a qualitative method with socio-legal and Islamic legal epistemology approaches, this study evaluates the dynamics between public protection and business viability. The findings show that maslahah mursalah and maqasid al-shari'ah serve as the primary methodological legitimacy to realize the preservation of religion (hifz al-din), life (hifz al-nafs), and property (hifz al-mal). The shift to mandatory halal certification reinforces state presence in minimizing market information asymmetry, while the self-declare scheme reflects responsive law and the taysir principle to reduce bureaucracy for micro and small enterprises (MSEs). The study concludes that risk-based regulation and strict post-market control are essential to ensuring that Islamic law positivization offers legal certainty, justice, and economic sustainability.