The Dynamic Facts of the MUI’S Fatwas
Erni Haryanti, Muminatul Zanah and Saeful Anwar
UIN Sunan Gunung Djati Bandung, Jl. AH. Nasution No.105, Bandung, Indonesia
{erni_hk, m_zanah}@uinsgd.ac.id, saefulanwar60@gmail.com
Keywords: Fatwa, Indonesian Ulama, MUI.
Abstract: This article is aimed at revealing the dynamic facts of fatwas issued by the Indonesian Ulama Council (MUI)
as the fatwas often raise contestation. The article is based on a qualitative study with applied research is its
design. It employs interview, questionnaire, and document analysis. The interview transcription and document
collection are interpreted by using content analysis. The study also uses a Guidance Book and procedure of
how deciding the MUI’s fatwas as complementary data. From data analysis, the findings show that MUI has
produced various types of fatwas from 1975 to now. Fatwas are produced by the commission of Fatwa, but
since the Reformation period the MUI has also built another special committee of fatwas: Council of National
Islamic Law (DSN). The different types of fatwas and commissions clearly show that the issuing fatwas are
not only based on religious reasoning, but also social, political, economic backgrounds. All those fatwas
should ideally prove the existence of dynamic facts and provide learning on the ideal inter-relations between
the MUI and Indonesian Muslim society as well as the MUI and the Governments.
1 INTRODUCTION
Fatwa primarily refers to an opinion in an Arabic
word. In religious views, it can be understood as an
Islamic Legal Opinion accumulated from the
perspectives of Islamic Law. It is an answer on a
particular issue, given by an Islamic scholar either
individually (alim) or collectively (ulama) in
responding a religious question of a petitioner
(Kaptein 2005, p.1). The fatwa is often used and
referred to by the state and Indonesian society
concerning Islamic related issues, such as Islamic
law, theology, ethics, morality, and others). Due to its
significance, the Indonesian executive and legislative
bodies should also consider the MUI fatwas to be
considered as an important sources for drafting the
Indonesian laws (Hasyim, 2015, p.488).
Recently, however, the MUI fatwas have often
been considered to become stronger its influence in
the past ten years or so, as the ban of pluralism would
create controversy to the national motto: Bhinneka
Tunggal Ika (unity in diversity) (Hasyim 2015,
p.488). Indonesian ulama, like other ulama in other
parts of the world, are guided by the Holy Book al-
Qur 'an and / or Prophet Tradition (Sunnah) when
they convey their Islamic teachings or advices to a
Muslim community. If there is no solution, they can
take Ijtihad which mean to undertake a hard effort and
endeavour in attaining objective/s; it is a spiritual
decision taken by the companions, followers and the
following scholars who then regulates the issues
explicitly. Thus, when Indonesian ulama issue fatwas,
they cannot neglect the importance of Ijtihad, also
often called Islamic Legal Reasoning. In this case,
fatwas become an excellent source that reflect the
social, political reality of a Muslim society knowing
that there are various matters of Indonesian Muslim
society that should be responded by Indonesian ulama
in different Islamic legal opinions in the
contemporary world.
This article, therefore, explores the variety of
fatwas issued by the MUI during 1975-2015 to reveal
that a fatwa is not issued by only considering a
specific aspect to respond a certain matter, instead it
is in favour of others, as a matter of fact, it would lead
to find dynamic factors surrounding the issuance of
the fatwas which finally reflect the diversity of
religious reasoning and social political, economic
situations of the country.
Kahfi, E., Zanah, M. and Anwar, S.
The Dynamic Facts of the MUI’S Fatwas.
In Proceedings of the 2nd International Conference on Sociology Education (ICSE 2017) - Volume 1, pages 441-445
ISBN: 978-989-758-316-2
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
441
2 METHODOLOGY
This is a qualitative study with applied research used
at its design. It focuses on how knowledge is used and
applied on practical and immediate things in order to
reduce problems among society at large or specific
public or private research scales (Brodsky and Welsh,
2008). This research engages with people, an
organization, and fatwas aiming to solve a social
community problem and apply scientific
development for human services. To be specific, this
study focuses on MUI fatwas issued from 1975-2015.
Year 1975 is an indication of the MUI’s establishment
inaugurated by HM Soeharto, the 2nd President of
Indonesia. Meanwhile, the year 2015 marks last
fatwas studied by this research. During Post-Soeharto
from 1998 to 2015, many different types of fatwas
include social, political, economic backgrounds have
been issued. To be noted, the year 1998 remarks the
end of the President's Authority which also indicates
the beginning of the Reformation Era. Finally, the
article explores the MUI different responses and
reasons of various topics questioned by Muslim/s that
are not found in the primary resources of Islamic
teachings (al-Qur’an and Prophet Tradition).
To implement the applied research, this study
employs interview by interviewing MUI leadership,
MUI administrative leadership, and MUI Fatwa
Commission. Further, it also provides questionnaires
given to those leaderships in order to complement
data collection. Documentary study is also applied in
regard with a bunch of related fatwas documents
given by MUI respondents. Finally, observation is
carried out by observing a discussion process of
solving problems to be decided by MUI. To get
deeper understanding, this study employs content
analysis on the interview transcription and different
types of fatwas, together with the use of Pedoman
dan Prosedur Penetapan Fatwa (Guidance Book and
Procedure of Deciding Fatwas) stipulated by
Keputusan Komisi Fatwa MUI (Decision of MUI
Fatwas Committee No. Istimewa/VII/2012 dated on
June 1, 2012). Using the Guidance Book, various
reasons surrounding the issuing fatwas can be
revealed, and distinctiveness of the religious, social,
political backgrounds on the issuing fatwas can be
unfolded.
The use of qualitative content analysis is to focus
on the subject and its context and to emphasize on its
variation. By choosing the inductive approach of the
content analysis method (Graneheim et al. 2017), it is
then to find the level of abstraction and degree of
interpretation of different parts of fatwas, such as the
findings of construction of categories/areas of fatwas,
as the findings followed by its description on themes,
and the meanings of items. In the end, results of the
research would be interpreted by its data as well as
the related literature resources. In the meantime, the
population includes all fatwas of different areas, and
the choice of sample seems to be set randomly at 30%
- 40% or selected to each prominent subject.
3 RESULTS AND DISCUSSION
3.1 Categories of Fatwas
Areas of covering fatwas generally involve with all
Islamic teachings about all aspects of human life that
have not been yet grasped by mustafti (Muslims who
search for an ulama legal opinion / Fatwa), whether
or not included in both Islamic law of human
externals (Shari'ah and Fiqh), or Islamic values
included in Muslims’ inner belief (Aqeedah) and
morality. However, the area is limited to legal issues
concerning human internals (Shari'ah / Fiqh), even
some Islamic scholars limit the fatwas into the laws
of external Ijtihad (Ibn al-Sa’ati 1984, p.679). In
Indonesia, the fatwas become so colourful as Hooker
(2003, p.45) saying that the internal Islamic
jurisprudence provides a big opportunity for Muslims
to accommodate local customs as well other foreign
influences into religion, but coming along with the
existence of defensiveness in Islamic Law and
dogma.
Thus, the first finding shows the existing various
fatwas issued by the MUI’s Fatwas Committee as
shown by Table 1 below. Fatwas number for the
period 1975-2015 has been 162 (one hundred and
sicty-two) issues: consisting four different categories:
Aqeedah (beliefs, theology), Ibadat (worship,
performance), Social Culture and Science and
Technology, and POM (Supervision on
Drugs/medicine and Food). Those fatwas can be
figured out as follows:
Table 1: Categories of fatwas issued by the committee of
fatwa period 1975-2015.
No.
Fatwa Categories
Number
1.
Aqeedah
14
2.
Ibadat
40
3.
Social culture and
Sciences and Technology
58
4.
POM
50
Total number
162
Source: Himpunan Fatwa MUI (2015)
ICSE 2017 - 2nd International Conference on Sociology Education
442
The four categories of fatwas in table 1
consistently issued during two different
Governments: the New Order (1975-1998) and the
Reformation Era (1998-2015). Importantly, related
religious fatwas (consisting of Aqeedah:14 and
Ibadat:40) are counted lesser number compared to
both social cultural Areas and Sciences and
Technology (58) and POM (50). The 3
rd
and 4
th
categories of fatwas are complementary one to
another as both Islamic legal opinions to respond
Muslims’ living demands, an indication that the MUI
mainly concerns on the actual-contemporary issues.
Unfortunately, the smallest number of fatwas, i.e.
Aqeedah issues, is considered very urgent to those
who issue as well those who inquire the fatwas to get
Indonesian ulama responses. Among several fatwas
which raise controversy is that Fatwa on Ahmadiyyah
Sect No. 11 MUNAS VII/MUI/15/2005 issued at the
National Conference XI on 28 July 2005. In fact the
fatwa has been stipulated to strengthen the earlier
MUI’s fatwa on Ahmadiyya Qadiyan released at the
Report of National Conference II held 26 May-1 June
1980. Another similar conflicting fatwa resulted from
the National Conference XI in 2005 is about
Pluralism, Liberalism and Secularism (Gillespie
2007), (Burhani 2014), and (Hasyim, 2015).
In this case, the examples on the fatwa of
Ahmadiyyah Sect and other considered deviant
thoughts, such as pluralism, liberalism, and
secularism movements can be taken back and relied
on the Indonesian ulama themselves who become a
decisive factor. It is Indonesian religious thought;
Islamic comprehension, as well as piety has made
direction to generating the fatwas.
On the other hand, the fatwas that respond to
questions of Ibadat (Islamic Jurisprudence), such as
the fatwa on Friday prayer on the ship for Muslim
travellers, on anti-menstrual pill during Hajj
pilgrimage, on deciding first day of Ramadhan
fasting, they are often prone to not bring conflict,
either horizontal (khilafiya, different perspectives on
the issues of worship performance), and vertical
(different stances between the ulama and the
Government or Regime in power) (Zanah and
Haryanti 2016). These four varieties of fatwas have
shown the dynamics fact of MUI’s fatwas.
Since the beginning, the MUI has laid its
foundation for its programs for analyzing the
background of issuing fatwas. Importantly, it is the
existence of Indonesian ulama which is considered
the significant position as the heir of the prophets,
having responsibilities of spreading Islamic
teachings, calling to do lawful deeds and forbidding
the unlawful ones. The MUI plays its role as guardian
of the Muslim people (ummah) in order to keep and
improve their obedience towards God the Almighty.
Thus, the emerging questions raised by the ummah
would be answered by the ulama very carefully. This
stance should show its active cooperation with the
Government and the State. Strong collaboration
between ulama and the Government is necessary and
need to improve; among other things, through
supports to succeed National development; i.e.
strengthening National Security (as stated at its
National Conferences from National Conference I in
1975, National Conference II, in 1980, to National
Conference IX, 2015).
3.2 The Establishment of DSN Fatwas
Committee
Since the beginning of the 1998 reformation up to
now, the MUI has undergone some fairly basic and
significant changes, as shown by the document of the
results of its National Conference in 2015. MUI’s
vision, for example, has been written as follows: the
creation of nationally excellent condition of
community life, obtaining the bless and forgiveness
of Allah the Almighty, realizing good quality of the
ummahh in order to achieve the glory of Islam and
Muslim people (izzul Islam wal muslimin) within the
boundary of the Unity State of the Republic of
Indonesia as manifested by the blessing of Allah the
Almighty to the whole world (rahmatan lil 'alamin).
In the document it also mentions the roles of MUI
to issue fatwas. The MUI has responsibilities for the
guidance and religious service of the ummahh, for a
pioneer of the improvement and renewal (ijtihad)
movement, and for becoming the leader of the
ummah. These stronger roles of the MUI have
indicated that the ulama are having the increased
responsibilities in many more aspects of life of the
ummah. In this case the ulama can do many things for
the ummah, for example, during the Soeharto
Administration, POM as an area of fatwas has been
extended to be LPPOM (a Research Council of POM)
established on 6 January 1989. This is to protect
Muslims from Islamic unlawful drugs and food, as
well as to provide a halal certificate for the Islamic
lawful goods. Another dynamics fact which shows
the way the MUI has stronger roles in Muslim
community it has been the establishment of a fatwa
committee called DSN (National Islamic Law
Council) in 1999. This committee develops fast in
responding questions raised by the ummah on related
Islamic financial issues. The types of economic
fatwas are in table 2:
The Dynamic Facts of the MUI’S Fatwas
443
Table 2: Themes of fatwas issued by the committee of DSN
period 1999-2015.
No.
Themes
Number
1.
Sharia - Islamic Law Banking
58
2.
Islamic Law Insurance
6
3.
Islamic Law Capital Market
13
4.
Islamic Law Pawnshop
2
5.
Islamic Law Financing
1
6.
Islamic Law Assurance
1
7.
Islamic Law Accountancy
3
8.
Islamic Law MLM
2
9.
Islamic Law Commodity
1
87
Source: Himpunan Fatwa Keuangan Syariah Dewan
Syariah Nasional MUI (2014)
The second finding of the research as shown
above in the case of DSN fatwa committee has shown
another movement of deciding fatwas. As the basic
consideration, the issuance of fatwas definitely relies
on al-Qur'an and the Sunnah through the process of
independent reasoning (Ijtihad) carried out by
qualified ulama. However, in the overall process of
formulating fatwas it should also be based on the
purpose of Allah and His Messenger oriented to
achieve mashlahah (wisdom) for the betterness and
prosperity of the ummah both in the world and
hereafter (Al-Qardlawi 2006, p.4).
The MUI’s various responses to demands of
Indonesian Muslims on Islamic financial products,
such mentioned by the table above, have been
developing fast. In one hand, Muslims have a choice
of having Islamic financial products that indicate
them as pious Muslims so that they have internalized
the proper Islamic guidelines expressed into their
behaviours in various aspects of their daily life. On
the other hand, the rise of Islamic banking is also an
example that Muslims’ claiming’ or maintaining’
their identity. Furthermore, the growth of Muslims'
choice on Islamic financial products can be a response
to particular class characters (as mentioned here
reference to the middle to upper classes) to broader
social, economic, and political changes. This Muslim
choice is regarded by themselves as enlightening and
its consistency with the view of modernization and
globalization (Pepinsky 2013, p.157).
3.3 Religious, Social and Political,
Political Backgrounds
In the aftermath Reformation began in 1998, there has
been provided many opportunities for people to
articulate freedom of speech and to launch public
opinions; the MUI has a chance to show its role and
redefine it for the future (Ichwan 2005). Similar to
other parts of the world, Ulama in many
contemporary Muslim societies have also been
perceived successful in broadening their influences
through their significant contributions to public
discourses (Bush and Fealy 2014). The MUI’s roles
before and after the Reformation Era have been much
shifted. To be specific areas of the fatwas are getting
varied, and the intensification of the fatwas is also
increased.
Fatwas obviously are products of mind activities
of ulama, either they are mujtahid or non-mujtahid
(Islamic reformers or non-Islamic reformers). To be
mujtahid, ulama should meet series of requirements.
They should have a good moral conduct as Muslims
and achieving taqwa (Islamic piety). Professionally,
they have to master Arabic, Islamic Logics, Qur’anic
verses, the Prophet’s Tradition (Hadith) Ijma(ulama
consensus), and logical reasoning (Qiyas). However,
recent phenomena shows that in deciding fatwas,
ulama should place al-Qur’an and Sunnah as
guidance of human being, furthermore, it should be
understood on Maqashid Syari’ah (MS), higher
purposes and intents that should be achieved by
Islamic Law. MS can be explained how wisdoms
entail to rulings; such as wisdoms behind charity are
to enhance social cohesion. Therefore, MS should
have prioritized things in a high order and
comprehension on Muslim society with things entail
to contemporary life demands become necessary.
Furthermore, the fatwas are also influenced by
social political backgrounds. The shift on political
landscape has significantly changed the MUI as an
institution, and ulama get more influence among the
ummah. On the other hand, the ummah also can
improve their appreciation towards the ulama, as they
have more freedom to request advice and respond
positively to the ulama’s fatwas. Thus, understanding
fatwas also display religious background in
recognizing Fiqh. It is a branch of Islamic Studies
discussing Muslims’ understanding on the Shari’a
(Islamic Law) resulted from interpretation (ijtihad) to
produce fatwas. Therefore, Shari’a is believed by
Muslims to represent a Divine Law revealed in the
Qur’an and the Sunnah.
It is significantly noted that the MUI fatwa does
not always consistently follow the methodology
patterns in determining fatwas as found in Fiqh. The
fatwas sometimes directly refer to the Qur'anic verses
before applying the Sunnah. However, fatwas
references are often based on classical Fiqh texts
written by Syafi’i school (Atho 1993). Additionally,
the legal status of fatwas differs to qadla’ (decision of
Judge of the Court); meaning that the fatwas have a
ICSE 2017 - 2nd International Conference on Sociology Education
444
general sense, non-binding law; meanwhile qadla' is
particular and a binding law to certain Muslims who
concern. Again, this is the fact that fatwas have a
dynamic non-binding aspect.
4 CONCLUSIONS
This article has shown that the fatwas issued by the
MUI (1975-2015) in reality consisting of diverse
explanations which lead to understanding that the
MUI and its fatwas include various dynamic facts. As
an institution the MUI can transform its organization
and the programs. Similarly, the fatwas also can
develop due to the change of social political
landscape, in term of the areas of fatwas as well as the
intensifying influence on Muslim people. As the
fatwas should have got stronger impact to Muslim
people generally and change the relation between the
Muslims among themselves and other non-Muslims,
between Muslims and the whole Indonesian ulama, as
well as between the MUI and the Government,
Indonesian Muslims should generally have been
ready to challenge future of fatwas to be always meet
with their time demands.
The research shows that the Muslims should have
been likely to become more familiar with the MUI
fatwas in order that their daily practical lives are still
enlightened by religious values and treated the MUI
as no longer an institution of the other. The Muslims
should maintain a unity of all the people, to use a
general guidance in responding various problems, and
to become wiser in confronting differences.
Thus, further research is encouraged to identify
and analyse more dynamic factors of MUI’s fatwas.
It should prove and develop the richness of
Indonesian distinctiveness of types, problem
solutions, and procedures of issuing fatwas.
Importantly, the dynamic relations between the MUI,
Government, Indonesian Muslims and non-Muslims
should also be built in more mutual understanding and
toleration when issuing further fatwas.
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