ANALISIS TEORI MASLAHAH MURSALAH TERHADAP KEBIJAKAN PEMBATASAN OPERASIONAL TRANSPORTASI PUBLIK SAAT KRISIS KESEHATAN DI INDONESIA

Abstract

The COVID-19 pandemic that struck Indonesia since early 2020 forced the government to issue various restriction policies, including operational restrictions on public transportation. This policy aims to reduce the spread of the virus, but on the other hand it has a significant impact on people's economy, especially drivers and public transportation users. This article aims to analyze the public transportation operational restriction policy during the health crisis in Indonesia from the perspective of Maslahah Mursalah theory in Islamic law. The method used is normative legal research with conceptual and statutory approaches. Data was collected through literature studies on various fiqh literature, legislation, and relevant scientific journals. The results show that the policy of restricting public transportation operations can be justified under Islamic law if it meets the criteria of Maslahah Mursalah, namely real benefit (haqiqiyyah), general in nature (kulliyyah), and not contrary to the principles of sharia. This policy is considered to protect life (hifz al-nafs) as one of the elements of Maqashid al-Syariah that must be prioritized. However, the state also has an obligation to guarantee the fulfillment of basic needs for affected communities through adequate compensation programs and social protection.