Legal Politics on Environmental Health in Indonesia: MUI Fatwa

Study No. 47 of 2014 Concerning Waste Management to Prevent

Environmental Damage

Abdul Aziz Harahap

and J. M. Muslimin

Universitas Islam Negeri Syarif Hidayatullah Jakarta Jl. Juanda No. 95,Banten 15412, Indonesia

Keywords: Healthy Environment, Fatwa of MUI, Waste and Environmental Damage

Abstract: This study examines environmental health. Environmental health determines human health in it. The main

element in environmental health is waste management so that all types of diseases are sourced from the waste

can be avoided because a healthy environment also has implications for realizing a healthy society. Realizing

that it is important to maintain the environmental health of the MUI as a religious institution has issued a

fatwa concerning environmental health regarding waste management to prevent environmental damage. This

study uses a qualitative approach by analyzing the contents of the MUI fatwa from the political perspective

of Indonesian Islamic law. This research found that the existence of the MUI fatwa as a legal opinion was not

binding because it was recommended, and the position of the MUI fatwa as a legal product only became a

tool of legitimacy towards the previous government policy on environmental management.

1 INTRODUCTION

The whole world is currently discussing the problem

of environmental degradation. Deforestation, air

pollution, water pollution, and other issues so that the

earth cannot withstand it because of the exponential

increase in world population that makes it a global

challenge that requires global solutions.

Environment and Politics by Timothy Doyle and

Doug McEachern explained that environmental

damage has become a common problem in the world,

and environmental damage that occurs in one

country, is closely related to politics and policies in

the country.

Maintaining the environment so that it is not dirty

is a basic obligation for every human being. In Islam

hygiene is also associated with the problem of faith,

because cleanliness is considered a part of faith.

However, in practice, there are still many of us who

find Muslim communities who do not care about

protecting their environment. Health is the main

driver of all activities because physically healthy all

forms of activities and work can be resolved to the

maximum in accordance with ability. Conversely, if

a person has an illness, then all his activities will be

disrupted causing all work to not be carried out

properly as expected.

Maintaining a healthy environment is the

obligation of every Muslim to create a healthy society

because faith is a reflection of the realization of a

healthy life. Environmental health awareness based

on studies carried out is still low in Muslim-populated

countries. Environmental cleanliness in Japan, for

example, is a good example of environmental health

management, even though in reality the country is not

a Muslim country. In safeguarding the environment,

the cherry country is a good example of managing

waste that is integrated into public awareness.

Whereas in a country with a Muslim population in

practice waste is scattered, both on land and on the

water this results in damage to the environment which

has a negative impact on the physical and spiritual

community.

Contextually the main causes of careless garbage

disposal to be strongly attached to community

behavior are the following causes:

a. The system of public trust in the behavior of

throwing garbage arbitrarily which is possible in their

subconscious spirits is not a wrong thing and is a

natural thing to do.

b. Environmental factors such as families,

neighbors, schools or other public places that are

directly related to the surrounding community,

Harahap, A. and Muslimin, J.

Legal Politics on Environmental Health in Indonesia: MUI Fatwa Study No. 47 of 2014 Concerning Waste Management to Prevent Environmental Damage.

DOI: 10.5220/0009945324852492

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 2485-2492

ISBN: 978-989-758-458-9

2485

throwing garbage in a community is a "normal" or

legal thing because all the community members do it.

Nature Conservation In Islam, a book by

Fachruddin M. Mangunjaya explains that maintaining

the environment in Islam is part of the totality of

human worship, because, Islam is a religion of love

for all nature that encourages its people not to cause

damage or accelerate the process of damage done on

earth.

Health is a condition for the body, soul or social

that is able to realize productive life from the social

and economic aspects. According to World Health

Organization (WHO), health is a complete state of

physical, mental, and social well-being and lack of

weakness or disease (a state of complete physical,

mental and social well-being and not merely the

absence of disease or infirmity). In Indonesian

legislation explained as attached to Law No. 23 of

1992 concerning health and Law No. 29 of 2004

concerning medical practice which reads:

1. Health is a state of well-being from the body,

soul, and social that allows every person to

live productively socially, and

economically.

2. Health efforts are every activity to maintain,

and improve health carried out by the

government, and or the community.

3. A health worker is any person who devotes

himself to the health sector and possesses

knowledge, and or skills through education

in the health sector which requires certain

types of authority to carry out health efforts.

4. Health facilities are places that are used to

carry out health efforts.

5. Health is something that is very useful.

Garbage is a collective problem of the

community that must be found a solution, especially

the low awareness of the importance of

environmental health.

In normative Islam many doctrines are found

about the importance of maintaining health, both

physical and environmental. Specifically in Islamic

law, it is also regulated about life ethics related to the

environment, because in Islam it is believed that the

environment is an inseparable part of human life, so

preserving the environment to always be well

maintained is also related to the importance of the

continuation of human life in it. In Islamic law, for

example, it is found that the doctrine is not allowed to

defecate in any place because everything related to

the environment must always be maintained properly.

The mission to preserve the environment is also

expressly stated specifically related to the mission of

the Caliphate given to humans to always protect

nature and the environment.

Efforts to safeguard a good environment are of

course not only related to humanitarian duties, but on

the other hand are also directly related to the interests

of the continuity of human life, then within the

framework referred to in Islamic law, especially in

general rules mention everything needed for

humanitarian purposes which must be fulfilled (ma la

yatimmul obligatory fa huwa obligatory). This

general rule of fiqh proposal confirms that something

that must be fulfilled if there is nothing directly

related to life, then it becomes obligatory to be

fulfilled, then in the same context environmental

health becomes the main part that must be fulfilled in

human life.

Realizing the reality of the importance of waste

management to create health in the environment. The

MUI as a religious institution issued a fatwa on

processing waste to prevent environmental damage,

namely:

1. Every Muslim is obliged to maintain the

cleanliness of the environment, make use of

useful items for the benefit and avoid

various diseases and acts of tabdzir and israf.

2. Disposing of litter and/or disposing of items

that can still be used for self-interest or for

others is unlawful.

3. The Government and Entrepreneurs are

obliged to manage waste in order to avoid

loss to living things.

4. Recycling waste into goods that are useful

for improving the welfare of the legal

community is mandatory.

This MUI fatwa can be grouped in four parts.

First, as an effort to provide answers to legal issues

that arise in the community. Second, the fatwa is

conveyed through the process of ijtihad. Third, both

individuals, or institutions that provide explanations

are those who have capacity in the questions asked.

Fourth, the answers given are answers that are not yet

known about the answer. In the context, it was stated

by the MUI as the institution providing the fatwa to

provide answers to the questions of the questioner,

namely the community. The results of the fatwa on

the environment were issued in 2014 after realizing

the importance of an environment to preserve

sustainability. the importance of environmental

health. The MUI's fatwa on environmental health will

be studied with a political approach to Islamic law,

especially the existence of the fatwa in the Indonesian

context. Fatwa as a legal product has its own position

in the thinking of Indonesian Islamic law, especially

in the position of the MUI as a religious education

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institution which also functions as a tool of

government power.

The relevance of reviewing the fatwa of the MUI

in relation to environmental health certainly apart

from being specifically related to the position of the

MUI as a religious institution that has issued many

legal products also confirms the efforts to involve this

religious organization in an effort to maintain the

stability of life in the community. This research will

specifically discuss the MUI fatwa on environmental

health as a legal product in a legal perspective in

Indonesia.

2 LITERATURE REVIEW

Some researchers who examined the environment in

Indonesia, one of which was Suparto Wijoyo, Wilda

Prihatiningtyas with the title Problems in

environmental law enforcement in Indonesia were

certified for the environment.

3 METHOD

3.1 Type of Research

This research is an assessment of normative law,

which is compared with social reality, especially in

looking at the position of the MUI fatwa as a product

of Indonesian Islamic law by carrying out

philosophical studies.

3.2 Data Source

The data source is used consisting of 2 (two), namely

the primary legal source relating to research entitled

health and environmental fatwa with a focus on MUI

fatwa on waste management to prevent

environmental damage No. 47 of 2014. Secondary

sources consist of government regulations relating to

environmental health and other written sources, such

as theses, dissertations, journals, and others in offline

or online forms.

4 Data Collection Method

Data collection research is carried out with

literature study, namely reviewing primary and

secondary materials that answer any questions raised

in this study.

5 Data analysis

Data analysis was performed using documentary

techniques, namely by documenting data sources,

both primary and secondary related to data.

Furthermore, the author analyzes it with critical

descriptive analytical methods, namely by describing,

analyzing and giving interpretations to the data. Then

proceed with using the content analysis method,

which is to scientifically analyze the core message

into a particular idea or idea.

4 DISCUSSION

4.1 Definition of Environment

Starting from "created man to be a caliph in the face

of the earth", then he should give a good example to

all other humans, giving good treatment to all living

beings and keeping the place of the life of these living

beings. It is true that humans have rights to land,

water, and air, but humans are obliged to preserve it

rather than damage it. However, the reality that

occurs in adults in a majority Muslim community is

that we often find those who only use nature but

forget to preserve it.

God has created the universe including the earth

and its contents. Namely long before humans were

created [Qur'an 2: 117] on earth, God has created

humans in the form of various plants and various

types of animals. After the birth of humans, various

types of plants and animals are available for their

human environment. The environment must be

processed and utilized by humans as well as possible

so that it is in accordance with the maximum God who

created it.

The environment is all that affects humans or

animals, while the environment is something that

exists around living things that have a reciprocal

reputation early in life. Religion with human life, the

environment is grouped into two major groups,

namely living things and non-living things. Both

groups use one other thing for what is known as an

ecosystem.

Indonesia has 17,499 islands from Sabang to

Merauke. The total area of Indonesia is 7.81 million

km2 which consist of 2.01 million km2 of land, 3.25

million km2 of ocean, and 2.55 million km2 of

Exclusive Economic Zone (EEZ), so that the sea area

is 64 , 97% of the total area of Indonesia.

The provision that obtaining a good and healthy

environment is the human right of every human

being, the state is burdened with the obligation to

ensure the availability of a good and healthy

environment, while also having the right to prosecute

and force everyone not to damage and pollute the

environment in order to protect the public interest.

This provision also prohibits the existence of sectoral

regulations or laws which in practice can damage the

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preservation of nature that has been recognized as a

public interest.

At present, there are many solutions that have

been offered by the government to the community in

order to create a healthy environment. The

government's effort is to demolish slum housing on

the banks of the river which causes garbage to

accumulate and so that the flow of the river flows,

dredging garbage in the river flow and imposing

sanctions on perpetrators of littering, forming

environmental communities concerned with the

environment and planting trees along the river.

The scope of the environmental review can be

narrow, for example, a house with a yard, or width,

for example, Irian island. The earth and air layers

which are creatures can also be considered as great

environments, namely the biosphere. Even our solar

system or even the entire universe can be the object

of review (Otto Sumarwoto, 2004).

the nature of the environment is determined by

various factors including the following; (A) Types

and Amounts of Each Type of Environment. this is

very influential in environmental sustainability. We

can easily see, the environment with 10 people, a dog,

three turtles, coconut trees and coral reefs will differ

in size from the same size but there is only one

human, 10 dogs, covered thick and on average not

hilly rocks. In this type of environment including

chemicals. (b) Relationship or Interaction between

Elements in the Environment. This relationship can

be likened to a room with eight chairs, four tables and

four pots with elephant ear plants. An eight-seat room

was placed along one wall, with a table in front of

each chair and a pan on each table. The nature of the

room will be different if two chairs with a table are

placed in the middle of each wall and a pot in each

corner. The same applies to relationships or social

interactions in terms of elements consisting of human

and plant life forms. (C) Environmental Behavior or

Conditions. Behavior and environmental conditions

in a city where the population is active and hard work

is a different environment from the same city, but the

population is relaxed and lazy. Likewise, areas with

sloping and fertile soils are different environments

from areas with eroded and eroded soils. (d) Non-

Material Factors. Included in non-material factors

including the occurrence of light and noise

temperatures, we can feel easily. The hot, striking and

noisy environment is very different from the cool

environment, enough light, but not glare and calm.

4.2 Law and MUI Fatwa

Article 29 paragraph 1 letter e Shrimp Law 18 of

2008 concerning waste management, regulates the

prohibition of disposing of improper waste or the

prohibition of careless waste disposal, then in

paragraphs 3 and 4 the article gives a mandate to the

district/city government to regulate the

implementation paragraph 1 letter e, both further

regulations concerning this regulation or criminal

sanctions for imprisonment or fines for violations of

the provisions referred to in paragraph 1 letter e.

Therefore the municipal government is given the

mandate to implement law No. 18 of 2008 concerning

waste management.

The Constitution Article 33 paragraph 3 states

that the earth and water and natural resources

contained therein are authorized by the state and are

used for the prosperity of the people. UU no. 32 of

2014 concerning maritime affairs clarifies as a legal

umbrella to regulate the use of Indonesian sea in a

comprehensive and integrated manner. Therefore, the

role of the government is needed to be able to

maintain and maintain and cultivate marine wealth

and potential in Indonesia.

The Indonesian Ministry of Health has conducted

a research stating that 20% or only about 52 million

people from 262 million Indonesian people care about

environmental hygiene that has an impact on health.

Riskesdas report data on the impact of diseases

arising from polluted environments in the form of

respiratory diseases and diarrhea is due to a less clean

environment. Furthermore, the risks as data said that

31% of child deaths were caused by diarrhea aged 1

month to 1 year. And ARI disease reaches 25% with

the highest number 41.7% from NTT province. This

is because of the lack of clean water, littering and lazy

to wash hands before eating.

The MUI is a role model for the Indonesian

Muslim community to issue its fatwas with regard to

the environment, but they are late in granting the

fatwa, which causes academics and researchers to

wonder about the fatwa issued. Fatwa is a question

and answer from a mufti and mustafti that ultimately

gives an understanding of mustafti. Fatwa on

processing waste to prevent environmental damage is

one that has been issued by the MUI, which should be

issued by the fatwa for a long time so that the

Indonesian people understand the importance of

protecting the environment.

MUI's consideration in issuing Fatwa is:

1. that man was created by Allah SWT as

caliph on earth (khalifah fi al-ardl) to carry

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out the mandate and responsibility of

prospering the earth;

2. that the problem of waste has become a

national problem that has a negative impact

on social, economic, health and

environmental life;

3. that there has been an increase in

environmental pollution which is cause for

concern, due to the low awareness of the

community and industry in waste

management;

4. that there is a fatwa request from the

Ministry of Environment to the MUI

concerning Waste Management to prevent

environmental damage;

5. that based on the considerations in letters a,

b, c, and d of the Fatwa Commission, the

MUI deems it necessary to establish a fatwa

concerning waste management to prevent

environmental damage.

Globally, we do not find verses of the Koran and

Hadith that clearly explain waste management, but

the management of waste is implied in the verse and

history. As Jabir bin Abdillah has narrated, the

Messenger of Allah said, "If the food of one of you

falls, take it and remove the dirt that is attached to it,

then the food should be eaten and not left to the

devil". Another verse asserts from the verse above

that reads "the devil is with you in all circumstances,

to the point that Satan is with you at mealtime.

Therefore if your food falls to the floor then the dirt

should be cleaned and then eaten and not left to the

devil. If you have finished eating, the fingers should

be licked because it is not known where the food is

blessed."

Environmental fiqh states that throwing garbage

arbitrarily is something that is prohibited even haram.

Careless disposal of the garbage can be lizatih and

lighairihi nuances. Dispose of trash by causing harm

it will cause waste. The forbidden label for waste

disposal that violates these rules is the right thing to

consider the impact. Therefore waste must be

managed to be safe for the surrounding environment

and free of pollution.

Philosophical values that can be seen from

littering as summarized by Yusuf al-Qaradawi that

the availability of a good environment will manifest

the middle values. In this connection Yusuf al-

Qardhawi formulated terms namely: hide al-bi'ah min

al muhafazhah 'ala ad din (nurturing is part of

maintaining religion), hizd al-bi'ah min muhafazhah

ala an-nafs (nurturing the environment is part of

nurturing oneself), hifz al-bi'ah min muhafazhah 'ala

an-nasl (nurturing the environment part of raising

offspring), hifz al bi'ah min muhazazhah' ala al-aqla

(maintaining the environment part of nurturing

reason) hizf al-bi'ah min muhafazhah 'ala al-mal

(maintaining the environment part of maintaining

property). Then it is clear what has been mentioned

by al-qardhawi refers to maqashid al-sharia.

The community in an environment is likened to a

passenger on a ship where if someone punches a ship,

everyone in the ship will sink, the same thing happens

with the environment. This was confirmed by Yusuf

al-Qaradawi contained in the hadith of the Prophet

"the parable of those who uphold the law of God and

those who commit violations, is like a people who are

riding on a ship. Some of them are at the top and some

are at the bottom, if they want to take the water they

have to pass the person above them, then take the

initiative to make a hole in their section so as not to

disturb the person above. If their actions are left

unchecked, they will surely perish all passengers of

the ship, if they are prevented they will be saved and

the people on board the ship."

Ibn Ashur interpreted QS. Ar-Rum verse 41 from

a narrow meaning to a broad one. The last meaning

that he put forward is that the universe has been

created by God in a system that is very harmonious

and in accordance with human life. However, humans

damage the harmony both on land and at sea, so that

imbalances arise in this world. With the explanation

of Ibn Ashur reminds us of QS. At-Tin, which man

was created as well as possible both outside and in his

body, as well as the earth. So with more damage to

the body / or damage to the world both on land and in

water, the balance will decrease. And the more sins

committed, the more damage will occur. Because

God has created all beings and their creations are

interrelated. then if one of them is lost or damaged

then it has been explained in the Koran to rest and

return to Allah. "If one part does not function properly

and deviates from the path that must be taken, then a

negative impact will appear in another part, and this

in turn affects all parts. This applies to the universe

and is a natural law set by God, which does not

change, including humans and humans cannot avoid

it. The human society which deviates from the

straight path determined by God for its happiness,

deviations within certain limits, makes the

environment, including the law of cause and effect

related to the universe and which affects humans, is

disturbed and this in turn has a negative impact. When

that happens, there will be a crisis in community life

and a disruption in their social interactions. csi. For

example, moral crises, lack of love, cruelty, even

more than that will accumulate disasters and natural

disasters such as "The reluctance of heaven to rain or

earth to grow plants, floods, earthquakes and other

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natural disasters. All are signs given by God

Almighty to warn people to return to the right path.

Faith is a belief that comes from the word Amana

which means to believe, which by faith everything

that is believed to be true will still be fought until the

end of life. Even though the weight will be carried out

but with the light of the faith that has been attached to

the heart, then nothing is impossible if God has

answered: "so then be". If it has not been given, the

faithful man will say "God's plan is more beautiful

than his servant" and he believes that no matter how

small the deed has been done and what he will do he

will have a reward in the end, if not in the world

barzah.

It is only natural that a regulation has been issued

to be socialized so that it can be implemented in daily

life in the community, but in terms of waste

management from the internal MUI itself, the lack of

socialization is due to lack of funds in socialization

counseling. The verses of the Koran, hadith, and the

rules of fiqh proposal used by the MUI in formulating

a fatwa are proof that Islamic teachings not only cover

human relations to the creator alone, more than that

the teachings of Islam also include the relationship to

fellow human beings as well the environment is

reflected in: Surah al-Baqarah verse 222 which reads

"truly Allah likes those who repent and like those who

purify themselves", then in Surah al-Baqarah verse

195 "and do not throw yourself in destruction "then in

QS al-Qashas 77" and do good as Allah has done

good to you, and do not do damage on earth. Verily

Allah does not like those who do damage "and

furthermore in QS al-Rum" it appears that damage on

land and in the sea is caused by the actions of human

hands then Allah gives them a reward for what they

have done so they return to the right path " The verse

above does not explain how to manage waste but

explains to always do good to others and the whole

world because in all actions they have their own

rewards.

The MUI also refers to the hadith narrated by

Tirmizi in giving fatwas which means "actually Allah

Ta'ala is good to like good, clean likes cleanliness,

noble likes glory, good likes virtue, so clean your

environment". Then the hadith narrated by Abu Daud

which means "From Anas bin Malik ra that the

Messenger of Allaah 'alaihi wasallam if eating food,

he licked his fingers three times, he said:" If the bribe

of one of you falls, then he should clean it from dirt

and eat it, and let it not let it be for Satan! "And he

ordered us to rub the plate. He said: "Surely none of

you know where he was given blessings. Meanwhile,

the rules of fiqh used are" the virtues of the priest

(government) against his people based on benefit", "

negative impacts must be eliminated ", "avoid

damage in first of all to bring the interpretation".

Seeing from some of the hadiths and rules of the

proposal that made the MUI as a legal basis in setting

a fatwa it is clear that there is no evidence that clearly

explains the waste management, but the waste

management is implied in the hadith narrated by Abu

Daud above, that the prohibition of throwing away

food that can still be eaten again, this is also true of

the goods if they can still be reused as art material or

other things that are made as mandatory for the MUI.

The fatwas of the MUI in Indonesia are indeed

very much needed, moreover the fatwa will label

halal on a product, be it food, cosmetics, or even

medicine. Those with halal labeling Indonesian

Muslim communities dare to consume or use the

product. As for an act such as the prohibition of

littering contained in the MUI Fatwa No. 47 of 2014

is a fatwa that is no less important. Because with the

fatwa the Indonesian Islamic community can know

the importance of protecting the environment. Not

only by banning littering, the MUI also recommends

managing the waste, but the fatwa like this is not in

demand by the Indonesian Muslim community,

although from their daily lives they will not waste it

because the MUI is only an institution that gives a

good action halal, haram, Sunnah and makruh without

being compensated by sanctions and lack of

socialization of waste management.

Long before the MUI said it was about waste

management the Ministry of Environment had first

legitimized waste management[5]. And such matters

have been regulated in the 1945 Constitution article

28 H paragraph 1, "human rights are fundamental

rights possessed by humans since he was born. Every

human has the right to live physically and mentally,

live and get a good and healthy place to live. entitled

to health services ". The legitimacy of the waste

management law is an effort to change the end of

pipeline paradigm to reduce at sources and recycle

resources, that is, from simply throwing garbage into

reducing waste by recycling. There is already a final

waste disposal site, but if the regulation of waste

processing (reduce, reuse, and recycle) has not been

applied, then it will be useless, due to increasing

population growth and automatically increasing

waste will be increased. accommodate all the

garbage.

Perda No. 3 of 2013, as an idea and legal product

to maintain cleanliness, is very promising to be

adopted as a law, this law can force the legislation

below which regulates all sectors of life for pro-

environment. However, in practice, it is still proven

to be less effective, this is evidenced by the irrefutable

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fact that there are still many destructive activities

carried out by citizens who apply the green

constitution principle. This happens because, in its

implementation, this local regulation lacks or does

not even include the values of natural sacredness such

as the sanctity of trees, land, rivers, forests, and water.

It does not offend the similarity of rights and degrees

between humans and nature, in the sense that they are

creatures and signs of the glory of Allah SWT when

they do not glorify beings, they are also considered

not to glorify Khaliq. What is missing from the

attention of the local regulations is also the

metaphysical aspect (reward and sin), because the

rule of law cannot be confined to the positive positive

aspects of religion, culture and wisdom, because

humans instinctively are more easily touched by

values that are familiar the nature of his soul.

The fatwa does not automatically respond to

everyone and implement it into daily life because

only those who have known the fatwa have been

issued and are blindly religious, he will carry out the

fatwa specifically on the fatwa on processing

garbage. However, even if someone knows that the

fatwa has come out and happens to be a person who

is indifferent to the environment, he will not carry out

what has been mandated in the fatwa, because there

is no sanction that will be accepted if it violates the

fatwa.

Table 1: Differences Between The MUI Law and Fatwa

Environment

al Health

Sanctions Explanation

Law  Legalized regulation

Allows for

implementation because

of strict sanctions

MUI fatwa -

the regulations that were

passed were most likely

not implemented

because there were no

strict sanctions,

especially the regulation

was only an appeal to be

implemented

The MUI fatwa is usually published concerning

the response of the institution to certain situations

faced by Muslims because the MUI fatwa was issued

based on legal needs in the community. The purpose

of the MUI fatwa is an attempt to protect the interests

of Muslims to avoid everything that results in conflict

with Islamic teachings. In the history of the

development of MUI fatwas the social and political

situation became the main factor of a fatwa product

issued because the fatwa as a legal view was issued

taking into account the problem aspects and

interpretations of every problem faced by Indonesian

Muslims.

In relation to the MUI's fatwa on environmental

health, it appears to be incompatible with the reality

faced by Indonesian Muslim societies, because

religious views or government policies actually long

before the MUI fatwa has been issued, there are many

provisions regarding the importance of maintaining

environmental health, so that the fatwa on

environmental health is not well targeted even though

its position only as a reinforcement of government

policy. For that reason, ideally, as a religious fatwa is

produced relating to the urgent needs in the

community, but in the context of environmental

health, in addition to the actual teachings of Islam, in

general, require the importance of maintaining the

health of the environment.

The MUI's fatwa on environmental health,

especially waste management as stated in the fatwa

on the role of the government to maintain

environmental health is a far-reaching policy. There

were previously fatwa products on environmental

health emerging. In the case of the fatwa, the MUI

actually did not reach the objective of the fatwa itself

to provide solutions needed by the community,

because the function of the fatwa here is only a

strengthening of existing policies. In the context of

Indonesian Islamic law politics, the fatwa does not

have a constructive function to safeguard the

problems of Muslims, other than merely

strengthening government policies on environmental

health. The MUI's fatwa on environmental health also

saw power relations between religious organizations

and the government that positioned the MUI as a tool

of legitimacy of power.

Faith, common sense/self-awareness, and the

rules of either law or Islamic law that have these

overall sanctions are needed to create a healthy

environment. Especially with the presence of

penalties or sanctions, because indirectly with the

existence of sanctions, common sense will arise (self-

awareness) to maintain a healthy environment. Or it

could be that with sanctions, people will look for

loopholes in how to dispose of trash carelessly.

Therefore in need of a spiritual shower to bring to

Faith. With faith bringing a healthy environment

because it is clearly stated in the Koran "do not

damage what is on the face of the earth".

Legal Politics on Environmental Health in Indonesia: MUI Fatwa Study No. 47 of 2014 Concerning Waste Management to Prevent

Environmental Damage

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Figure 1: Achieve A Healthy Environment

The picture above explains that the position of

faith, consciousness and regulation in relation to

waste can minimize and even eliminate littering

behavior and create a healthy and decent environment

to live in. With faith a person will take care of himself

and the environment, with the awareness of the public

will know the good of a clean environment and with

the rule of action against anyone who has broken a

rule.

5 CONCLUSION

Maintaining the environment so that it is always clean

is a joint obligation that must be carried out because

environmental hygiene is closely related to social life

and in the social life, we are prohibited from taking

and disturbing the rights of others. other people". The

verses, hadiths and rules of the Islamic Law contained

in the MUI fatwa are the basis of MUI's reference in

issuing the MUI fatwa in response to the importance

of health and waste management. But in reality the

actual existence of fatwa does not bind every Muslim

in Indonesia because it is only a legal opinion.

Because the fatwa is not made a necessity for

Muslims to live it. Meanwhile the MUI fatwa as a

legal product of Muslims in Indonesia is only used as

a reinforcement of previous government legal

policies.

The existence of the MUI fatwa as a legal product

has a difference with the regulation products that the

government has been promoting in relation to efforts

to maintain environmental stability and

environmental health. This difference lies in the

position of MUI's legal products that are non-binding

for the entire Indonesian Muslim community, because

the MUI fatwa position is only a form of

encouragement, while the legal production issued by

the government is also followed by various sanctions

to every society who ignores the regulation.

Government regulations are stronger than the MUI

fatwa, and on the other hand the existence of the MUI

fatwa is only a strengthening of legal products issued

by the government relating to efforts to maintain

environmental health.

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