Regional Regulations with a Sense of Sharia: Contextualization of Al-Mashlahah Theory in the Era of the Covid-19 Pandemic in West Sumatera, Indonesia

Abstract

The Corona Virus Disease-2019 pandemic has spread in the world, as well as in Indonesia. To prevent and control this pandemic in Indonesia, with a research focus in West Sumatra Province, which was previously categorized as a red zone, a large-scale social demarcation (PSBB) policy was implemented. This is regulated in the Regional Regulation (Perda) of West Sumatra Province No. 6/2020, which regulates the community in adapting to the new normal, including in the religious aspect. The important question in this research is how is the contextualization of al-mashlahah theory in this Regional Regulation in the prevention and control of Covid-19 in the religious field? It is important to do this research with a normative legal research approach. This matter under normal circumstances is contrary to Islamic law. This aspect shows the flexibility of Islamic law in the dynamics of social change. The new normal adaptation in the regional regulations, especially in the implementation of worship and religious rituals in mosques by complying with health protocols, is based on the realization of benefits (al-mashlahah li al-'ibad) in the prevention and control of Covid-19.