The Problem Faced By Muslim Consumers Regarding The Distribution Of Imported Cosmetics Without Halal Labels (Perspective Of Masail Fiqiyah)

Abstract

The year 2026 marks the starting point for regulations requiring imported cosmetics to be halal certified. This condition raises various issues, including health risks, consumer protection, and business compliance with halal regulations, especially for imported cosmetics in Indonesia. This certainly poses a challenge for Muslim consumers, the majority of whom are very concerned about the halal status of products. According to Islamic teachings, two things must be considered in the use of products, namely cleanliness and purity. This means that cosmetics must also be clean and pure to be categorized as halal. Cosmetics are generally only for external use, but they are required to have halal certification because if they are contaminated or derived from something that is haram, then the law becomes contrary to the recommendation to use something that is halal. Halal fatwas are issued by authorized religious institutions, such as the Indonesian Ulema Council (MUI), and then established in the form of certificates through the Halal Product Guarantee Agency (BPJPH). The problems addressed in this study are: How are fiqh principles applied in determining the halal status of products, taking into account raw materials, production processes, and the problems faced by consumers due to the circulation of imported cosmetics that are not halal certified? What are the problems faced by Muslim consumers due to the circulation of imported cosmetics that are not halal certified? This study uses a descriptive qualitative method with an approach based on a literature review of Islamic law, fiqh masail, and analysis of regulatory documents and related data collected through journal reviews, BPOM and BPJPH documents, and current news sources. The analysis was conducted to identify the main issues, policies, impacts, and problems related to halal cosmetics.In terms of fiqh, halal certification is a normative rule created, proposed, and approved by scholars and the government, which in this case can be referred to as ijma', whereby scholars agree that halal certification and labeling in the field of mu'amalah (buying and selling), especially food, must be accompanied by the legality of a halal certificate, which is regulated by the text. In line with the ijma' of scholars in fiqh law regarding qiyas, halal certification does not exist in the Qur'an and was created by humans (Muslims). According to scholars of usul fiqh, qiyas is determining the law of an event or incident that has no basis in the text by comparing it to another event or incident whose law has been determined based on the text because there is a similarity between the two events. Qiyas related to halal certification is in accordance with one of the pillars of qiyas, namely Ashal, which means the basis, which is an event whose law has been determined based on the text. Ashal is also called maqis 'aliah (the measure) or musyabbah bih (the place of comparison), or mahmul'alaih (the place of comparison). Thus, halal certification, which is not mentioned in the Qur'an but is compared and measured by the text “eat what is lawful for you,” can strengthen the legality of the law. can strengthen the legality of the law. Within the framework of fiqh muamalah, the principles of precaution and protecting the interests of the people encourage consumers to avoid products that are highly questionable. Fiqh emphasizes the importance of fulfilling the right to information and avoiding misleading claims in order to avoid al-ittiham bi-zhulm (accusations of negligence/injustice in transactions). The low level of compliance among producers and distributors of imported cosmetics, who have not yet optimally met the latest halal requirements, has resulted in many products that do not meet the standards for imported cosmetics still being freely sold in the market, both through e-commerce and traditional markets.