THE CONTEXTUALIZATION OF ḤIFẒ AL-'IRḌ ON HOAX NEWS (A Study on Imam Tājuddīn al-Subkī’s Maqāṣīd al-sharī’a)

This study examines Tājuddīn al-Subkī’s concept of ḥifẓ al-‘irḍ, as an essential part of maqāṣīd al-sharī’a, and uses it to analyze hoax news. To limit this study, the authors focuse on two crucial aspects. First, what is the concept of ḥifẓ al-‘irḍ according to Imam Tājuddīn alSubkī? Second, how to contextualize ḥifẓ al-‘irḍ in the contemporary time to approach hoax news? This library research uses content and critical analysis to Tājuddīn al-Subkī’s thoughts, which are contained the works written by himself and those written by scholars after him. This study argues that al-Subkī initiated the concept of ḥifẓ al-‘irḍ (maintaining honor). As an essential part of maqāṣīd al-sharī’a, ḥifẓ al-‘irḍ must be held in addition to five other main purposes, namely maintaining the soul, religion, reason, lineage, and treasure. According to al-Subkī, defending honor can be equated with keeping the lineage because the two have a close and robust relationship, especially when discussing adultery and qadhf/فذق (accusing people of committing adultery). The spread of hoaxes today is like qadhf in Islamic law. The hoax spread must be stopped because it causes damage to the life of society, nation, and state. Preventing injury and realizing benefits are at the core of maqāṣīd al-sharī’a. Keyword: maqāṣid al-sharī’a, ḥifḍ al-‘irḍ, maslaḥah, al-ḍarūriyyāt, hoax DOI: https://doi.org/10.20414/ujis.v24i2.405


Introduction
FIQH AND UṢŪL FIQH scholars have agreed that the core objective of Islamic law (maqāṣid al-sharī'ah) is to achieve the benefit, 1 so that a deserves to be reincarnated", in order to revive the maqāṣid alsharī'a in the world. 5 One of the manifestations of ḥifẓ al-'irḍ in the contemporary context is to keep speech from spreading hoaxes. Hoaxes have spread massively in society, along with the increasing use of technology today. Hoaxes can apply in the form of text, photos, and videos. A study revealed that hoax news has an impact on the mental health of people exposed to it, such as post-traumatic stress syndrome (PTSD), anxiety, and even acts of violence. 6 In religious terms, hoaxes can be equated with slander because both are conveying fake news. Islam insists that slander is crueler than murder. 7 Therefore, Islam prohibits slander, and the perpetrator can be punished in the form of ḥad or ta'zīr. 8 Lately, hoaxes have been rampant in the cultural, social, economic, political and even religious fields. Hoaxes can destroy the life of society, nation and state.
To prevent the destructive effects of hoaxes' spread, Islam through maqāṣīd al-sharī'a prohibits hoaxes from protecting and preserving human dignity and honor. To strengthen the maqāṣīd alsharī'a, al-Subkī specifically came up with a brilliant idea, namely including ḥifẓ al-'irḍ (maintaining honor) as one of the essential parts of maqāṣīd al-sharī'a that must be guarded and maintained, especially in this modern age. Even though al-Subkī's idea has 5 'Abdurraḥmān Al-Shurbaynī, Hāshiyah al-'Allamah al-Bannānī 'alā Sharḥ al-Jalāl Shamsuddīn Muḥammad bin Aḥmad al-Maḥallī ‚alā Matni Jam‛ al-Jawāmi' li al-Imām Tajuddīn al-Subkī, Juz 2 (Beirut: Dār al-Fikr, 1982), 280. 6 Faried F Saenong et al., Fikih Pandemi: Beribadah di Masa Wabah (Jakarta: NUO Publishing, 2020), 87. 7 Al-fitnatu ashaddu min al-qaṭl<(Q.s. Al-Baqarah (2): 191 and al-fitnatu akbaru min alqaṭl<(Q.s Al-Baqarah (2): 217). 8 The punishment of "ḥad" has been determined in the Qur'an and hadith, as in the case of qadhf. Qadhf is accusing another person of committing adultery. If the accuser cannot present four witnesses against the person accused of cheating, he will be punished 80 times, as said by Allah SWT in Surah al-Nur verses 4, 6, and 23. Ta'zir is a punishment given by the government for violating the provisions that have been made by the government. In the context of this hoax, the government issued ITE Information and Electronic Transaction Law Number 19 of 2016, amending Law Number 11 of 2008 concerning Article 28 Paragraph 1. been raised for a long time and was forgotten for a relatively long time, the author thinks it deserves to be revived.
Several researchers have studied on the thoughts of scholars such as al-Gazālī, al-Shāṭibī, 'Izzuddīn Ibn 'Abd al-Salām, Ibn 'Āshūr, Jasser Auda, in the field of Maqasid al-Shari'ah. Among these researchers are al-Raisuni, 9 Abdurrahman Kasdi, 10 Moh. Toriquddin,11 and Suansar Khatib. 12 The results of their study show that classical scholars such as al-Gazālī and al-Shatibi constructed the maqasid sharia as guardianship of the five principles. The five principles are ḥifẓ al-dīn (guarding religion), ḥifẓ al-nafs (guarding the soul), ḥifẓ al-'aql (guarding reason), ḥifẓ alnasl (guarding descent), and ḥifẓ al-māl (guarding property). Meanwhile, the results of Zul Anwar Ajim Harahap's research showed that the thought of 'Izzuddīn ibn 'Abd al-Salām can be applied to the fields of worship, social, and morals. 13 Other researchers such as Chamim Tohari stated that Ibn Asyur elaborated on the Maqasid Sharia with more universal contemporary themes such as fithrah, tolerance, benefit, equality, freedom. 14 In addition, Retna Gumanti 15 , and Muhammad Faishol 16 elaborated on Jasser Auda's thoughts on the importance of an 9 approach in studying Islamic law which includes six important components, namely cognitive nature, interrelatedness, wholeness, openness, multi-dimensionality, and meaningfulness. In addition, Hasamuddin MZ in his research attempted to include Hifzh al-'Irdh as part of dharuriyyat. 17 Several previous studies on al-Subki's thoughts regarding the contextualization of ḥifẓ al-'irḍ as maqāsid sharī'a have not received serious attention. It cannot be denied that ḥifẓ al-'irḍ is an inseparable part of the maqāsid sharī'a. The concept of ḥifẓ al-'irḍ can be applied as a conceptual basis for preventing the spread of hoaxes that are rife today, as a side effect of the development of information and communication technology. This study aims to complement the shortcomings of existing studies. This study was conducted by analyzing the concept of ḥifẓ al-'irḍ according al-Subkī and how the contextualization of ḥifẓ al-'irḍ with hoax news that widely spread today.
This study assumes that al-Subkī has a distinction of thinking about ḥifẓ al-'irḍ as part of maqāṣīd al-sharī'a that can be contextualized with human behavior today. If ḥifẓ al-'irḍ is contextualized with hoaxes, maqāṣid sharī'ah, in the perspective of al-Subkī, can be used as a conceptual basis. So, it can prevent the spread of hoax news that has the potential to damage the joints of social, national, and state life in the cultural, social, economic, political, and even religion. This preventive effort is carried out to maintain human dignity, which is the benefit values of the maqāṣid sharī'a.
This study is a qualitative research based on library research that is carried out by relying on library data without an empirical examination. By applying a descriptive-analytical approach, the authors critically describe the substance of al-Subkī's thoughts on maqāsid sharī'a. 18 The primary data of this study were books written by al-Subkī about maqāsid sharī'a. Meanwhile, secondary data were books written by others related to al-Subkī's thoughts about maqāsid sharī'a. The author analyzes the collected data using content analysis methods. The author applied a content analysis approach to analyzing the collected data 19 through three stages; description, interpretation and reflection.

A Short Biography of al-Subkī
Tājuddīnal-Subkī or known as Imam al-Subkī, has the full name Tājuddīn Abd al-Wahhāb bin Taqiy al-Dīn 'Alī bin Abd al-Kāfī al-Subkī. He is the son of Imam Taqiy al-Dīn al-Subkī (died in 756 AH / 1355 AD), who had served as a judge in Damascus. Imam al-Subkī was born in Cairo, Egypt, in 727 H / 1327 AD and passed away on Tuesday, the seventh of Dhulhijjah, in 771 H / 2 July 1371 AD in Damascus. 20 Al-Subkī's journey to gain knowledge began in Egypt with a few shaykhs, including his father, a Damascus judge. From his father, al-Subkī studied fiqh, uṣūl fiqh, and Sufism. After he studied in Egypt, he continued his studies to Sham (Syria) to be precise in Damascus, where at that time, was known as the city of knowledge. He studied hadith from Imam Jamāl al-Dīn Yusuf bin Abd al-Raḥmān al-Mizzī al-Shāfi'ī. He also learned from Imam al-Dzahabī and Shaykh Shams al-Dīn bin Naqīb. Even though al-Subkī was still very young, namely eighteen years old, his capability and depth of religious knowledge were not in doubt. Therefore, Shaykh Shams al-Dīn bin Nuqayb gave ijāza (permission) to al-Subkī to teach and issue fatwas and was even appointed to be a judge and preacher at Umawiy Damascus Mosque. At that young age, he could carry out duties as a scholar, judge, and high priest in Damascus. Important positions that al-Subkī held showed extraordinary achievements which were quite rare at that time. When al-Subkī's father was ill, al-Subkī was appointed to replace his father as a judge in Damascus. al-Subkī was the most prominent judge of his time. He is also a historian and researcher. Shihāb al-Dīn bin Hajjī praised him by confessing that Imam al-Subkī was a scholar who mastered various sciences, such as fiqh, uṣūlfiqh, hadith, and balāghah. Besides, al-Subkī is also an expert in poetry. Al-Subkī composed multiple essays quickly and distributed them during his life and people distributed them after he died. Among the works of Imam al-Subkī are ṬabaqātusShāfi'iyyah al-Ṣughrā, Jam' al-Jawāmi', Man'u al-Mawāni' 'alā Jam'I al-Jawāmi', Al-Ashbāh wa al-Naẓā'ir, Raf'u al-Hājib min Mukhtaṣar Ibn Ḥājib, Sharh Minhāj Baiḍawī in the field of uṣūl fiqh which was later named al-Ibhāj fī  Jam' al-Jawāmi', one of al-Subkī's works, is one of the famous books in uṣūl fiqh, which is widely studied in Pesantren in Indonesia. Besides, the book of Jam' al-Jawāmi' has the sharh (explanation), which many scholars have written. One of the scholar is Jalāl al-Din al-Maḥallī (died 884 AH), with the name of his book Sharh Jam' al-Jawāmi'. al-Zarkashī (died 794 AH), with the title of his book Tashnīf al-Masāmi'sharhJam'i al-Jawāmi', Imam 'Izzu al-Dīn Ibn Jamā'ah al-Kinānī (died 819 AH), Imam al-Ghazzī (died 822 AH), and Ibn Ruslān (died 884 AH).
While serving as judge and high priest, al-Subkī had received slander from the Damascus government, resulting in al-Subkī being imprisoned for eighty days. Ibn Kathīr related that Imam al-Subkī experienced severe trials that had never been experienced by the previous judges. However, he also served as a judge several times, which no one had previously achieved in Damascus. He was known as a judge who specialized in balāghah and poetry. He was also known as a generous and patient person. As well as being a judge in Damascus, al-Subkī also taught at several 21 Budi, ‚Riwayat Hidup Imam Tajuddin As-Subki,‛ LADUNI.ID (laduniid, October 3, 2018), last modified October 3, 2018, accessed January 3, 2020, https://www.laduni.id/post/read/46118/biografi-imam-tajuddin-as-subki.html. madrasas schools in Damascus, such as Madrasah al-'Azīzah, Madrasah al-'Adiliyyah al-Kubro, Madrasah al-Ghazāliyah, Madrasah al-'Udhrāwiyyah, Madrasah al-Naṣīriyah, and Madrasah al-Amīniyyah. On the 7th of Dzulhijjah in 771 H., al-Subkīpassed away. At that time, he was 44 years old. al-Subkī died because of his illness.

Dialectic of Ḥifẓ al-'Irḍ in Maqāṣid Theory
Maqāṣid theory did not just appear, but it was manifested through serious efforts and efforts (ijtihād) of the scholars in reading ‚God's thoughts,‛ 22 which contained in the texts of the al-Qur'an. This effort is strengthened by the hadith, the second source of authentic Islamic law after the Holy Quran. The use of maqāṣīd al-sharī'a as a spirit in establishing law has been practiced since the Prophet Muhammad's lifetime, the companions' era (ṣaḥābah), and tabi'īn.
Al-Ghazālī strengthened and developed his teacher's ideas, but it is still with his unique methodology and independent academic characteristics. Therefore, al-Ghazālī deserves to be considered in the history of jurisprudence science in general and al-maqāṣid in particular. The significant contribution of al-Ghazali in the field of maqāṣid is very evident in his work, al-Mustashfā min 'Ilm al-uṣūl. In this book, al-Ghazali discusses ta'līl al-aḥkām alshar'iyyah, whose orientation is focused on jalbu al-maṣlaḥah (gain benefit) or daf'u al-mafsadah (prevent damage). The focus of ta'līl al- 22 The author uses this term as the term Paul Davies used to explain cosmic events in nature using a scientific approach. Read, Paul Davies, The Mind of God The Scientific Basis for a Rational World (New York: Touchstone, 1993), ix-xiv. 23  aḥkām (legal justification) developed by al-Ghazālī is ta'līl almaṣlaḥī, which includes the protection of maqāṣid al-shāri'. Almaṣlaḥah, according to al-Ghazālī, is the protection and maintenance of the objectives of the sharī'ah. All forms of maṣlaḥah that do not aim to protect the sharī'ah are called maṣlaḥah algharibah, namely benefits that are not in line with the sharī'ah. Therefore, maslaḥah al-gharībah must be discarded. On the other hand, all maslahas that aim to protect the meaning of sharī'ah, as understood from the Qur''an, Sunnah and ijmā' can be used as evidence. 24 Al-Ghazālī, following the method of his master, Imam al-Juwaynī, divided al-maṣāliḥ in terms of strength and clarity, namely ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt. Descriptions of each level, along with examples, are unambiguous and detailed.
After al-Ghazāli, Fakhru al-Dīn al-Rāzī followed (d.606 H) with his work, al-Maḥṣūl. The maqāṣid theory that al-Rāzī offers is a reduplication of the concepts of al-Juwaynī and al-Ghazālī. However, a precious contribution from al-Razī is to defend the method of ta'līl al-aḥkām argumentatively. It has been criticized and doubted by some of the jurisprudence scholars. Al-Rāzī's concept of the al-ḍarūriyyāt al-khams hierarchy is different and inconsistent with the idea that has been put forward by al-Ghazālī. Al-Rāzī occasionally mentions the order of al-ḍarūriyyāt with single words, namely al-nafs, al-māl, al-nasab, al-dīn, and al-'aql. And once upon a time using the plural form, namely al-nufūs, al-'uqūl, aladyān, al-amwāl, and al-ansāb. Also, al-Razī used the term al-nasab instead of al-nasl, even though the word al-nasl was more precise and valid. The word al-nasl is at the level of ḍarūriyyāt al-'āmmah, while the protection of al-nasab is a complement to the protection of al-nasl. 25 After al-Rāzī, al-'Amīdī (d.631 H), Ibn Hājib (d.646 H), al-Bayḍāwi (d.685 H), and al-Asnāwī (d.772 H) followed to se the term. They developed the maqāṣid theory with the tarjīḥ (weighting) pattern, which aims to do weighting when there is a conflict between one of the existing ḍarūriyyāt al-khamsah. When the hierarchy of al-ḍarūriyyāt is mentioned, the scholars after al-'Amīdī tend to be free, not tied to anyone's systematization. Al-Asnāwī, for example, he sometimes uses the systematization that al-Amidi did in order; religion, spirit, ancestry, and property. On the other hand, he also uses the order that Ibn Hājib offers, namely; religion, soul, mind, descent, and property.
In the following period, Imam al-Subkī came and made some modifications in ordering ḍarūriyyāt al-khamsah. Al-Subkī followed al-Ghazāli, but he replaced the term al-nasab with al-nasal similar to al-Rāzī. Apart from that, another critical thing that al-Subkī did was to include al-'irḍ as an essential part of ḍarūriyyāt. So with these additions, ḍarūriyyāt became six, namely: ḥifẓ al-dīn, ḥifẓ alnafs, ḥifẓ al-'aql, ḥifẓ al-nasab, ḥifẓ al-mal, and ḥifẓ al-'irḍ. The inclusion of al-'irḍ as part of the ḍarūriyyāt had caused polemics among ulamā afterward. Some of them agreed, and some objected to the inclusion of ḥifẓ al-'irḍ into ḍarūriyyāt. Ibn 'Āshūr, for example, did not agree with these additions. According to Ibn 'Āshūr, al-'irḍ falls within the scope of al-ḥājiyyāt. Ibn' Āshūr also did not accept that ḥifz al-nasab was included in the range of ḍarūriyyāt unless it was meant to protect al-nasl. In contrast to Ibn 'Āshūr, al-Shawkānī supported al-Subkī's opinion that stated the addition of al-'ird to be part of ḍarūriyyāt so that the number becomes six. Al-Shawkānī argued that most people spent all their power and effort inmaintaining their honor as they guarded themselves and their property. Furthermore, al-Shawkānī concluded that based on ḥifẓ al-'irḍ, Allah established and enforced criminal law for actors of qadhf because he tarnished the dignity of someone who could be more urgent than others. 26 Al-Bannānī tried to mediate the difference of opinion by explaining that al-'irḍwas an addition to al-Subkī by ordering them using waw al-'aṭf. This method shows that al-'irḍ has the same level as al-māl. At the same time, the other sorting uses the letter fā', 27 which indicates that each element stands alone and is at an independent level. The debate regarding al-'irḍ among the scholar is fascinating. However, al-Subkī's view of al-'irḍ deserves to be considered an essential part of the theory of maqāṣid particularlywhen the maqāṣid approach is related to the current millennial era. The idea of ḥifẓ al-'irḍ (maintaining honor) that is forgotten can be actualized again under the times' demands and developments.

Tajuddin Al-Subki's Thoughts on Ḥifẓ Al-'Irḍ
According to Tajuddin Al-Subki, ḥifẓ al-'irḍ is an important part of the maqāsid sharī'ah theoretical framework, especially in the al-ḍarūriyyāt category. Al-Subki argues that al-ḍarūriyyāt is a very imperative because it directly relates to the needs of human life, both in the world and the hereafter. It is the first rank, which must be fulfilled and maintained, and is followed by the ḥājiyyāt and taḥsīniyyāt. The ḍarūriyyat includes, first, ḥifẓ al-dīn (protecting religion). Second, it also covers ḥifẓ al-nafs (protecting the soul) which aims to be able to enforce the qiṣās law for the perpetrators of the crime of murder. Third, ḥifẓ al-'aql (protecting mind) which underlies the stipulation of liquor sanctions, in the form of punishments as much as 80 times of flogging for drinkers of liquor (khamr/wine). Fourth, ḥifẓ al-nasab (protecting descendants) underlies the punishment for the adulterer, namely whipping 100 times for the muḥṣan adulterer and stoning for the gairu muḥṣān adulterer. Fifth, ḥifẓ al-māl (protecting property) underlies the law of amputation of hands for thieves and robbers. Sixth, ḥifẓ al-'irḍ (maintaining honor) underlies the establishment of qazf sanctions for people who accuse others of committing adultery without strong evidence. 28 The prohibition of qazf, as part of ḥifẓ al-'irḍ in al-Subkī's view, can now be transformed into various forms of crime, such as slander, lying (hoax), insulting, mocking, inciting, bullying and the like. These forms of crime can disturb the honor of others, so that they have the potential to create conflict and a very large negative impact, both individually and collectively. Therefore, the position of ḥifẓ al-'irḍ as part of ḍarūriyyāt within the theoretical framework of maqāṣid sharī'a has a very significant role, to create and preserve peace and harmony in people's lives.

Contextualization of Imam al-Subkī's thought of Ḥifẓ al-'Irḍ in the Contemporary Era
In his work, Jam' al-Jawāmi', al-Subkī clearly states that ḥifẓ al-'irḍ is in the sixth place, which is included in the al-ḍarūriyyāt category. Al-Subkī said wa al-ḍarūriyyu; ḥifẓ al-dīn, fa al-nafs, fa al-'aql, fa al-nasab, fa al-māl, wa al-'irḍ (which is included in the category of al-ḍarūriyyāt is protecting religion, soul, mind, lineage, property, and honor). The position of al-'irḍ (honor) 29 in sixth place was considered new at that time. Previous scholars such as al-Juwaynī, al-Ghazālī, al-'Amīdī, al-Rāzī, and the ulamā afterward like Ibn Taymiyah, Ibn al-Qayyim, al-Shāṭibī, even the scholars who live today, stated that the category of ḍarūriyyāt is five, namely ḥifẓ al-dīn, al-nafs, al-nasl, al-'aql, and al-māl. These five are known as alḍarūriyyāt al-khams.
Some scholars interpret al-Subkī's idea of ḥifẓ al-'irḍ, saying that the word al-'irḍ, which is preceded by wāwu (wa al-'irḍ), shows that ḥifẓ al-'irḍ has the same level or position as safeguarding property. Thus, it can be understood that al-'irḍ is not included in the group of ḍarūriyyāt but belongs to the level of ḥājiyyāt because al-'irḍ is complementary (mukmilah) of al-ḍarūriyyāt. On the other hand, 'Abdurrahman al-Sharbīnī, who quoted al-Zarkashī'sideas, said that al-'irḍ was near related to maintaining descendants in general. Maintaining offspring is higher than protecting property. According to al-Sharbini, keeping al-'irḍ (honor) is in two conditions, namely closely related to the prohibition of adultery and prohibition of qadhf ‫)قذذف(‬ so that al-'irḍ is more closely related to maintaining the nasab. Therefore, according to al-Sharbīnī, protecting offspring takes precedence over protecting property if someone is required to choose between guarding offspring or property. 30 By looking at the opinions that have been put forward, the writer argues that the word al-'irḍ can also be read al-'araḍ. The word 'araḍ means wealth (al-matā'). Thus, al-'aradh is a synonym for the word al-māl (treasure) as Allah says in al-Qur'an surat al-Anfāl verse 67: ‚It is not fit for a prophet that he should take captives unless he has fought and triumphed in the land; you desire the frail goods of this world, while Allah desires (for you) the hereafter; and Allah is Mighty, Wise.‛ The word al-'irḍ means a praiseworthy character or honor. The two words, both the word al-'irḍ and a'rāḍ, have the same plural form, namely a'rāḍ. In this regard, it seems that there is a disagreement among scholars about whether ḥifẓ al-'irḍ is included in the category ḥifẓ al-māl or ḥifẓ al-nasab. These differences of opinion need not be contested. Still, it can be combined that ḥifẓ al-'irḍ does not stand alone as a component in ḍarūriyyāt, but it falls into the ḥājiyyat category of completing the position of ḥifẓ al-māl or ḥifẓ al-nasab.
Regardless of the differences that the authors describe, the authors view that the placement of the word al-'irḍ is parallel to the five crucial points mentioned earlier. The alignment of al-'irḍ's position shows that al-'irḍ is a part that has a substantial and high place in the maqāṣid stratification that must be maintained and maintained. Honor is faithfulness in living the truth, which can bring out dignity, and dignity makes everything honorable. Due to the importance of integrity, every Muslim is not only obliged to maintain his honor but also to protect the honor of others. An example of maintaining one's honor is keeping one's viewpoint from things that are forbidden to be seen. Meanwhile, an example of preserving others' recognition is not allowed to accuse other people of committing adultery (qadhf) without four witnesses confirming the accusation.
In addition to this point, the reason for the addition of ḥifẓal-'irḍ by Imam al-Subkī is that the destruction of honor has significant consequences and impacts in individual and social lives. This impact must be prevented as early as possible so that life in the world can run safely, peacefully, and prosperously. Therefore, one of the wisdom of ḥifẓ al-'irḍ, according to al-Subkī, is the prohibition of qadhf (accusing other people of committing adultery). If a person's accusation is not proven, the accuser can be subject to punishment in the form of had (criminal sanction). Moreover, the perpetrator of qadhf can be punished with as many as 80 whips, as mentioned in the Qur'an: ‚Surely those who accuse chaste believing women, unaware (of the evil), are cursed in this world and the hereafter, and they shall have a grievous chastisement.‛ 31 ‚And those who accuse free women then do not bring four witnesses, flog them, (giving) eighty stripes, and do not admit any evidence from them ever; and these it is that are the transgressors.‛ 32 An accusation attitude is a despicable act, mostly when an accusation is made without valid evidence. In this case, accusing is equivalent to saying something that is not true or spreading fake news (hoaxes), rife in this digital era. Hoax means information that is engineered to cover up real information. A hoax is a form of cybercrime that looks simple and easy to do but has an extraordinary impact. 33 There are fundamental similarities between qadhf and hoaxes. Both are accusations or spreading news without clear evidence by using oral as the medium. However, along with the development of technology and information, the media for spreading hoaxes also developed. The spread of false messages is not only through verbal but also through print and electronic media.
The media is a practical, transparent, and efficient communication tool that plays an essential role in reform and change. irresponsible news to achieve specific goals in terms of politics, education, economics, and even religion.
The impact of irresponsible accusations and rampant hoax news is that many parties feel offended, hurt, and wronged. These feelings lead to fighting, even murder. All damage caused by hoax news, regardless of the medium, must be stopped and given punishment, as is the punishment for qadhf actors.
In Indonesia, all forms of crime in hoax spread are regulated in Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) Article 28 Paragraph 1. The contents are about criminal threats for anyone who deliberately and without the right to spread fake news and harm individuals or groups. It is stated in Article 28, Paragraph 1, as follows: "Every person who deliberately and without right spreads false and misleading news that results in losses, will be sentenced to a maximum imprisonment of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000, -(one billion rupiah).‛ 35 In this article, it is implied that the prohibition of hoax news is an effort to maintain and guard against oral. The language of the media has the potential to spread the hoax news. Likewise, on the other hand, someone's demand to keep speech means the opposite. It is prohibited for anyone to lie, spread hoax, or slander. It can damage someone's honor. There are many verses of the Qur'an 36 which affirms the importance of good, trustworthy, and honest speech. Likewise, a few hadiths of the Prophet emphasize keeping oral as an integral part of maintaining honor.
One of the traditions that is closely related to the prohibition of hoaxes is as follows: "Whoever is guarding (the limbs) that lies between the mustache and beard, that is, his mouth, and guards the one lying between his thighs, that person is guaranteed to enter Paradise." hadith of Abū Hurayrah, with saḥīḥ degrees collected from two ways.
Two critical things in this hadith destroy one's honor, namely the tongue (speech) and farj (genitals). Therefore, these two things must be maintained properly so that the goals of sharī'ah are maintained. According to al-Subkī, keeping oral as a medium in maintaining honor is an important way, as is the importance of preserving five other essential items. Keeping religion means keeping from apostasy, keeping the soul is the consequence of prohibiting killing without justified reasons, taking care of the offspring causes the prohibition of committing adultery, maintaining motivation leads to the banning of drinking liquor. Safeguarding property means prohibiting stealing. Keeping oral as a vital part of ḥifẓ al-'irḍ causes the ban of qadhf, 37 According to al-Subkī, keeping oral as a medium in maintaining honor is an important way, as is the importance of preserving five other important items. Keeping religion means keeping from apostasy; keeping the soul is the consequence of prohibiting killing without justified reasons, taking care of the offspring causes the prohibition of committing adultery. Maintaining motivation leads to a ban on drinking liquor. Safeguarding property means prohibiting stealing and keeping oral qadhf important part of ḥifẓ al-'irḍ causes the prohibition of qadhf, gossip, ridicule, lies, slanders, etc.
In Islam, the hoax is classified as an act that is detrimental to others that can be subject to hudud punishment. Still, hudud is specifically for qadhaf actions or spreading false news about someone who commits adultery. According to the Islamic perspective, ta'zīr can be imposed on all accusations forbidden for every Muslim. Among the accusing accuses other people of theft, accusing others of drinking alcohol or making fake news against other people, individuals, and institutions, prohibiting hoax and qadhf. The following sanctions given to the perpetrators show Islam's consistency and concern in maintaining the honor of both individuals and groups for humanity's welfare in the world and the hereafter.

Conclusion
In the context of maqāṣīd al-sharī'a, one of the bright ideas that al-Subkī thought is to include the concept of ḥifẓ al-'irḍ (maintaining honor) as an inseparable part of the five main things (al-ḍarūriyyāt al-khams) which must be guarded and preserved. Al-Subkī included the concept of ḥifẓ al-'irḍ in the structure of alḍarūriyyāt. In addition to maintaining five other main things, namely protecting the soul, religion, mind, descent, and property, according to al-Subkī, maintaining al-'irḍ is the same as preserving al-nasab. The two have a close and robust relationship, especially when discussing zinā (adultery) and qadhf (false accusation of cheating).
In today's modern life, the case of qadhf can be likened to hoax news. Both are raising issues or news that are not valid. Hoax perpetrators can be given sanctions by the law. Using al-Subkī's ideas, perpetrators of qadhf, icludin the ones spread out from hoa news about somebody's rumour of having affairs, are liable for punishment in Islamic law. Along with the development of science and technology, hoaxes' spread is not only carried out through oral speech but often through print and electronic media. The media plays a big role in spreading hoax news, causing anxiety and damage in the community. Therefore, all forms of hoaxes must be stopped because that is the purpose of Islamic law or maqāṣidal-sharī'ah, to prevent damage and to reach maslahat (dar'u al-mafāsid wa jalb al-maṣāliḥ).