Harmonising Islamic Law and Local Legislation in Alcoholic Beverage Control: A Case Study of Probolinggo City

Abstract

Alcoholic beverage control represents a complex legal issue as it involves the intersection of religious values, social interests, and state regulatory mechanisms. In Muslim societies, Islamic law plays an important role in shaping the orientation of public policy, while local legislation serves as a formal instrument for regulating social behaviour through the authority of local governments. This study aims to analyse how Islamic legal principles are harmonised with the framework of local legislation in the formulation and regulation of alcoholic beverage control policies in Probolinggo City, as well as to examine the legal, institutional, and social factors influencing its implementation. This study employs a qualitative approach using a library research method through an analysis of Probolinggo City Regional Regulation Number 3 of 2015, Islamic legal literature, related regulations, and relevant academic studies. The data were analysed using content analysis and thematic analysis to identify patterns of interaction between Islamic legal values and the construction of local positive law. The findings reveal that the harmonisation of Islamic law and local legislation does not occur through the direct formalisation of religious norms, but rather through the transformation of Islamic values into principles of public benefit (maṣlaḥah), social protection, and the prevention of harm (dar’u al-mafāsid). The implementation of this harmonisation is influenced by the consistency of legal norms, institutional capacity, and social acceptance within the community. This study contributes to the development of contemporary Islamic legal studies by demonstrating that the integration of religious values into public policy can be achieved through a substantive harmonisation model that remains consistent with the principles of a constitutional state.