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

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

Aqeedah

Ibadat

Social culture and

Sciences and Technology

POM

Total number

162

Source: Himpunan Fatwa MUI (2015)

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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

and 4

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

Sharia - Islamic Law Banking

Islamic Law Insurance

Islamic Law Capital Market

Islamic Law Pawnshop

Islamic Law Financing

Islamic Law Assurance

Islamic Law Accountancy

Islamic Law MLM

Islamic Law Commodity

Total

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

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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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