Model of Sharia Compliance on Developing Tourism Industry
in Indonesia
Atang Abd. Hakim, Sofian Al-Hakim, Ahmad Hasan Ridwan, M. Hasanuddin, M. Anton Athoillah
UIN Sunan Gunung Djati Bandung, Jl. A. H. Nasution No.105, Bandung, Indonesia
Keywords: Islamic law, Sharia, Halal, Halal Tourism.
Abstract: The trend of sharia tourism development is increasing. Muslim tourists from Indonesia include the top 10
tourists who travel to various countries around the world. However, it has not formulated a model of
compliance to halal tourism. The absence of a model of compliance to the norms of halal tourism will lead to
the absence of standardization of halal tourism. The research method used in this research is juridical and
normative method. The data have been collected and analyzed qualitatively to be able to parse and formulate
the model of sharia obedience related to halal tourism. The study concludes offered models by this study are
modifications of existing models. The model was built on legal maxim. The legal maxim is ( ﺔﺣﺎﯿﺴﻟا ﻰﻓ ﻞﺻﻻا
ﮫﻓﻼﺧ ﻰﻠﻋ ﻞﯿﻟﺪﻟا لﺪﯾ نأ ﻻإ ﺔﺣﺎﺑﻹا) the principle of law of tourism is permissible unless there is a proposition to the
contrary. The paper modifies four major components of tourism development: government, infrastructure,
human resource development, and products and services. The other one is the community. Enhance the
development of halal tourism through more inclusive action by involving the community at large.
1 INTRODUCTION
Sharia compliance is the submission of values, norms,
and rules that refer to the Will of Allah Almighty
Allah's will is contained in the Al-Qur'an and the
Sunnah (tradition) of the Prophet Muhammad. All the
activities of Muslims should not violate the
provisions of sharia. Implementation of sharia
provisions will get reward and praise. Violation of
Sharia provisions can result in sin and reproach for
the perpetrators (F.B. Hakeem et al., 2012). Among
the activities of Muslims is tourism travel. Although
the activity, in essence, aims to perform relaxation
and entertainment, but this activity must still be
implemented within the corridor of Muslim
adherence to sharia (Battour, 2015). Therefore, it is
necessary to draw up a set of rules governing tourism
activities for a Muslim. The set of rules must be
universal in a way that can be applied to all Muslims.
It is in this framework that a sharia compliance model
is required in tourism activities.
This research was compiled as a commentary on
the opinion of Hatem el-Gohary (2015) who argued
that halal tourism should be intact and
complementary. If there is any portion that is illegally
(haram) then it cannot be called a halal tourism.
Unlike Hatem el-Gohary, the authors argue that halal
tourism is a complicated activity. There are
complementary components and substitution,
between halal and haram. As long as the blending of
halal and haram can be localized, then the haram
remains haram and the halal remains halal. Then from
these arguments a model of Sharia compliance is
drawn up. This model is built from the premise that
tourism activity is mubah (legal). Tourism activity is
part of muamalah area not worship. In contrast to the
area of worship that is closed from the creation and
innovation of the law, the muamalah area opens space
for doing ijtihad in order to create relevant creations,
innovations and legal modifications within the
framework of benefit. Basically, the activity of sharia
tourism which is then called a halal tour is a demand
for a friendly tourism activity for Muslims. Thus,
tourism activities that do not interfere with routines
as Muslims to perform worship and remain protected
from all the restrictions of sharia, such as not involved
in shirk, immorality, or consume haram (illegal) food.
106
Al-Hakim, S., Al-Hakim, S., Ridwan, A., Hasanuddin, M. and Athoillah, M.
Model of Sharia Compliance on Developing Tourism Industry in Indonesia.
In Proceedings of the 2nd International Conference on Sociology Education (ICSE 2017) - Volume 1, pages 106-111
ISBN: 978-989-758-316-2
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved

2 METHODS
The method of the study is a qualitative method. The
research is about compliance or legal approach. So,
specific method that applies in the research is
juridical-normative method (Soerjono Soekanto,
2001; Sonata, 2014). The method is chosen because it
can describe the relationship between doctrines
contained Islamic teachings and tourism activities.
The description of this relationship can shape a model
of compliance with Islamic law.
3 LEGAL COMPLIANCE
THEORIES
There are several theories that explain how a person
complies and has obedience the law. Broadly
speaking the theories of obedience to law can be
divided into two groups: the theory of coercion and
consensual theory. The man who argued that
obedience to the law based on the coercion is Max
Weber (Soerjono Soekanto, 1982; David M.Trubek,
1972). Weber argued that the basic assumption of the
coercion theory is that the ruler has a monopoly over
the physical and psychological coercive means which
is the basis for the legal purpose of achieving order.
The law is established on the basis of the authority
derived from the legitimacy of the society in which
the law is enforced. However, the law is established
on the basis of certain rationality authorities. Various
law variations have their own rationality.
Subsequently, important components of the law are
conceptualized into standards, norms, principles and
rules applied by specialized agencies that impose
coercive sanctions (David M. Trubek, 1972). Critics
of the theory of coercion come from various angle.
B.Russel (1965) asserted that the exercise of power
accompanied by sanctions and threats will not last
long. Law will lose its power when it is not supported
by public sentiment.
Base on criticism, a second group emerged who
believed that the law, ideally, was built on the
consciousness of society. Law enforcement through
the application of legal sanctions is the lowest level
of law enforcement. Because, According to Ph.
Selznick the purpose of the law is not to apply
sanctions but the purpose of law is to realize order in
society (Soerjono Soekanto, 1982).
Consensual theories are formulated by Plato,
Imanuel Kant, and E. Rostow. They argued that the
source of the obligation to obey the law lies in the
agreement to take an action. Thomas Hobbes (1958)
and John Locke (1952) asserted that the agreement
was built on equal position as a member of society in
a social contract. Joseph Raz (1979) did not recognize
the existence of a general obligation to obey. Raz
asserted that there is only and independent attitude of
respect for law. Leslie Green (1988) added the
consensual attitude with the term "civility". Green
and Raz explain respect for and obedience to the law
is not based on threats of sanction or coercion of
others but as individual virtue. (Tamar L. Smith,
1990)
This research builds on consensual theory and its
derivatives: individual virtue. The theory of legal
compliance on the basis of individual virtues will be
able to explain how a Muslims perform the rules of
sharia in all of their activities, including when
conducting tourism activities. Compliance with
Sharia provisions is shaped as a manifestation of the
individual virtues. The individual virtue of a Muslim
is a manifestation of obedience to God. For some
Muslims, the obedience to the rules of religion is
stronger than adherence to positive law. Obedience to
the rules of religion is a manifestation of the
internalization of religious teachings that are
believed. Soerjono Soekanto (1982) quoted H.C.
Kelman outlines on three stages of compliance
process, first compliance, second, identification, third
internalization. Compliance is pragmatic compliance.
Obedience based on expectations to get rewarded or
sanctioned. Stronger than compliance is
identification. This second-level adherence is not
based on the value of the instrument, but it based on,
obedience to the spirit of togetherness in a group or
community. The highest adherence is compliance that
has been internalized to the individual. Thus,
someone obeys the law not because of external
factors but is driven by intrinsic motivation. The third
level of compliance strength lies in the belief in law
makers and legal goals.
4 HALAL TOURISM CONCEPT
4.1 The Nature Law of Halal Tourism
Tourism sharia has been introduced since 2000 from
the OIC meeting discussion. Sharia tourism is a travel
request based on lifestyle of Muslim tourists during
the holidays. In addition, sharia tourism is tourism
that is flexible, rational, simple and balanced. This
tourism is intended that the travelers are motivated to
get happiness and blessing from Allah SWT
(Munirah, L., and Ismail, H. N. Muslim, 2012). There
are several terms that describe the concept of sharia
travel. Malaysia used the term Islamic tourism.
Model of Sharia Compliance on Developing Tourism Industry in Indonesia
107

United Arab Emirates called family friendly tourism.
While, Japan prefers the term halal tourism. Indonesia
used to use sharia tourism. Recently, Indonesia is
using the term halal tourism (Arif Yahya, 2016).
In the Islamic tradition known for several terms
that describe a trip with various motivations. Siyar
(ﺮﯿﺴﻟا), safar (ﺮﻔﺴﻟا), al-siyâhah (ﺔﺣﺎﯿﺴﻟا ), al-ziyârah
(ةرﺎﯾﺰﻟا), atau al-rihlah ( ﺔﻠﺣﺮﻟا). The contemporary
Arabic prefers that term of al-siyâhah uses to the
concept of tourism. According to the terms al-siyâhah
(tourism) has a variety of meanings. In fact, there are
43 so-called definition of the al-siyâhah. According
to Naqur, the complete definition of tourism is
economic activity, either directly or indirectly, to
travel a distant place or country of residence. This trip
requires a number of services to meet their needs
during the trip. (Husain Naqur, 1424 H.)
There are several definitions of halal tourism.
Researchers have different perspectives on defining
halal tourism. The various perspectives can be
categorized into three groups: the perspective of
motivation, needs and service, and teachings.
Crescent rating magazine compile some definition
on halal tourism on article “defining what is halal
travel or muslim friendly tourism.” There are three
perspectives. Firstly, motivational perspective.
According to Duman (2011) "Islamic Tourism" can
be defined as "the activities of Muslims traveling to
and living in places outside the normal environment
for no more than a year in a row for the participation
of activities derived from Islamic motivations that do
not related to paid activities from places visited ".
Secondly, perspective needs and services. As niche
market niche "tourism" includes; halal hotel, halal
transport (halal airlines), halal food restaurant, halal
tour packages and halal finance. Therefore, halal
tourism consists of various sectors that are
interconnected with each other. Sureerat (2015)
defines halal tourism as a package offering of tours
and destinations specially designed to meet Muslim
considerations and address Muslim needs. Thirdly,
the doctrinal perspective. Fatin Norain Osman (2015)
defines Muslim tourism based on Islamic teachings
that encourage individuals, especially women and
children to travel with their muhrim which means that
someone who has a blood relationship with them to
give them security.
The tourism is muamalah category. Therefore, the
origin of law of the tour is allowed. From this grand
preposition could be derivate a legal maxim (qaidah
fiqhiyah)
َﻻا ْﺻ ُﻞ ِﻓ ِﺴﻟا ﻰ َﯿ َﺣﺎ ِﺔ ِﻹا َﺑ َﺣﺎ ُﺔ ِإ ﱠﻻ َأ ْن َﯾ ُﺪ ﱠل َﺪﻟا ِﻟ ُﻞﯿ َﻋ َﻠ ِﺧ ﻰ َﻼ ِﻓ ِﮫ .
the principle of law of tourism is permissible
unless there is a proposition to the contrary
This permissibility turns into a prohibition if a
Muslim has the intention to perform a sinful act
during his / her tour. Intention becomes an important
part for tourism actors, because the intention can
determine the legal status of a Muslim's actions.
Despite being in a place that is mixed between halal
and haram, a Muslim may perform tourism activities
in the place as long as he can separate halal and
haram. Such as Muslim, by necessity, stay in a hotel
that provides alcohol. As long as the Muslim does not
consume the alcohol and can keep the good intention,
the travel tour is still allowed.
IbnTaymiyya (2004) point out a theory called
separation between halal and haram (tafriq bayna
halal a al-haram). This theory is, later, derrived to be
a legal maxim by Ali Al-Nadwi (2000):
َﻣ ْﻦ ْﺧا َﺘ َﻠ َﻂ ِﺑ َﻤ ِﻟﺎ ِﮫ َﺤﻟا َﻼ ُل َﺤﻟاو َﺮ ُما َأ ْﺧ َﺮ َج َﻗ ْﺪ َر َﺤﻟا َﺮ ِما َو َﺒﻟا ِﻗﺎ َﺣ ﻰ َﻼ ٌل َﻟ ُﮫ
whoever is his property mixed between halal and
haram then remove the haram, then the rest is lawful
for him.
The concept of halal tourism does not always
mean fully halal, as understood by Hatem El-Gohary
(2015). As the process of Islamic law was gradual,
the development of halal tourism can be done
gradually, fulfil the necessity, the need, and then the
complement.
We can make levelling as it does in Malaysia.
Malaysia has levels of Muslim friendly hotels. They
are basic, intermediate, and extensive level.
Table 1: Levels of Muslim Friendly Hotels in Malaysia.
Basic
Halal food, no alcohol, Qiblah
signage, prayer mat, bidet in the
room
Intermediate
Separate recreation facilities for
male and female, mosque, no adult
entertainment, prayer time, Mosque
location
Extensive
Zakat counter, Islamic related
brochure, classes, Azan at floor
level, Islamic tourism packages
Source: (MdSalleh, 2014).
The Ministry of Tourism and the creative
economy of the Republic of Indonesia have issued a
Ministerial Regulation number 2 in 2014 related to
the guidelines of the implementation of sharia hotel
business. The Regulation has three aspects of sharia
hotels; Product (consisting of 8 elements and 27 sub
elements), service (consisting of 5 elements and 20
sub elements) and management (consisting of 2
elements and 2 sub elements). In each sub element
there is an absolute and non-absolute rule. Examples
of absolute rules of all foods in mini bar have halal
logo. Examples of rules that are not absolute:
ICSE 2017 - 2nd International Conference on Sociology Education
108

available Al-Qur'an. The absolute rule indicates that
there is an option for the organizers of sharia hotels in
managing their hotels. However, of course, this is a
consideration for consumers
4.2 Model of Developing Sharia
Compliance in Halal Tourism
Sharia tourism is a new concept of travel that grows
rapidly this decade. Utilizing the World Tourism
Organization (UNWTO) shows that foreign Muslim
tourists has contributed 126 billion US dollars in
2011, this number has defeated the number of tourists
of Germany, the United States and China. This
number potentially increases after year. In 2012,
Thomson Reuters data and Dinar Standard said that
the contribution of the tourism market in the world
came from the Muslim community, which is spending
in the range of USD137 billion, or approximately
12.5% of total world tourism. The demand of Muslim
travellers increase in a global level. Currently,
Muslim population in Europe is estimated 44 million.
According to population projections from the Pew
Research Centre which based in the US, that in 2030
this figure will be increased by almost a third to over
58 million. The population of Muslims will grow
rapidly and especially to those who have the wealth
from the oil counties. They will spend more money
for tourism. According to the Pew Research Centre,
the Muslim population today is 1.8 billion from 7
billion of population. Therefore every year the
Muslims spend their funds for this travel sector has
been increased (Md. Aminul Islam and Laura
Kärkkäinen, 2013).
Tabel 2: Top Halal Tourism Destination 2017
OIC (Organization Islamic
Cooperation) States
Non OIC States
No
State
Score
No
State
Score
1
Malaysia
82,5
1
Singapore
67,3
2
UEA
76,9
2
Thailand
61,8
3
Indonesia
72,6
3
Britain
60,0
4
Turki
72,4
4
South Africa
53,6
5
KSA
71,4
5
Hong Kong
53,2
6
Qatar
70,5
6
Japan
52,8
7
Maroco
68,1
7
Taipei
52,4
8
Oman
67,9
8
France
52,1
9
Bahrain
67,9
9
Spain
48,8
10
Iran
66,8
10
USA
48,6
Source: Global Muslim Travel Index 2016 By MasterCard andCrescentRating
According to Crescent Rating The World's
Leading Authority on Halal Travel Year 2017,
Indonesia ranks third in the world for the provision of
halal tourism (score 72,6). After the previous year
ranked 6th (score 70,6 in 2015) and 4th ( score 67,5
in 2016). This proves that there is a planned effort
made by the Indonesian government to improve the
quality of halal tourism. Halal tourism is a part of tour
activities in Indonesia. Halal tours will grow even
more if involving more stakeholders. Among the
stakeholders that need to be embraced is the Muslim
community and Muslim community organizations.
Model of Sharia Compliance on Developing Tourism Industry in Indonesia
109

Figure 1: Halal Destination ecosystem.
The figure above is the component and the
ecosystem of tourism development. The figure is a
modification of the scheme developed by Wisnu
Rahtomo and Sumaryadi (2016), who are members
of the acceleration of halal tour in indonesia. So far,
indonesia's economic strength still relies on the
consumption sector. The population is quite
significant. According to Pew research Center of
religion and Public Life, the number of Muslim
population in Indonesia 205 million of 237.641.326
of the total population in Indonesia. It means that 88%
of population is Muslims (Pew, 2010; BPS, 2010).
The massive involvement of the muslim community
in the development of halal tourism will be a
significant driver for the development of halal
tourism in indonesia. Muslims will be subjects and
object oh halal tourism. Muslims are encouraged to
travel more frequently to national tourist destinations.
Muslims are also encouraged to convince, foreign
tourists, both muslim and non-muslim, to visit tourist
destinations in indonesia. The double role of muslims
will be stronger if muslims are not only involved
individually but institutionally. Organizations of
Islamic societies, as non-government organization,
that need to be involved in the development of halal
tourism. Few of them, Majelis Ulama Indonesia
(MUI), Muhammadiyah, NU, Al-Wasliyah, PERSIS,
Nahdhatul Wathan, etc.. If muslims and all
stakeholders collaborate in harmony to develop halal
tourism, Indonesia will soon follow malaysia to
become the top country that provides halal tourism.
5 CONCLUSION
Halal tourism is part of muamalah activity. The origin
law of muamalah is permissible. So, the origin law of
halal tourism is permissible. Halal tours are travel
activities undertaken by a person or group of persons
by visiting a certain place for recreational purposes,
personal development, or studying the unique
attractions visited during the temporary period within
the framework of sharia provisions. Subject of halal
tour is not limited to Muslims, but also non-Muslims
who feel safe and comfortable following the
provisions of sharia. The concept of halal tourism is
highly dependent on individual intentions. If a tourist
destination mixed between halal and haram, as long
as a Muslim is not involved in activities and objects
haram, the tour conducted over the subject is included
in the category of halal tourism.
Tourism is a wide range of tourism activities and
supported by various facilities and services provided
by tourism stakeholders. To accelerate the
development of halal tourism in Indonesia, it needs a
model of halal tourism development. The model
should involve as many Muslim societies and Muslim
community organizations as possible. As a majority
population in Indonesia, Muslims are encouraged to
be a driver of halal tourism.
ICSE 2017 - 2nd International Conference on Sociology Education
110

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