Fatwa Institution Research Articles

Modern Applications of Fiqh in Hajj: Analyzing Islamic Legal Responses to Contemporary Issues

This study analyzes the adaptation of Hajj Fiqh to technological developments and social changes in the modern context. By looking at recent developments, including the use of technologies such as mobile applications, information systems, and communication technologies, as well as updates in Hajj procedures and protocols, this study highlights the response of scholars and fatwa institutions to the demands of the times. Recent data shows that there has been an increase in the number of fatwas relevant to the use of technology, health, and the environment in the performance of Hajj. By analyzing the role of clerics, governments, and technologists in addressing the challenges of modern Hajj, this study offers suggestions for further encouraging technological innovation, increasing health and environmental awareness, fostering collaboration among stakeholders, and strengthening the role of religious authorities. It is hoped that the results of this study will help guide decision makers in improving the efficiency, safety, and sustainability of the Hajj in the future.

Talfīq Mażhab dan Kebutuhannya dalam Fatwa Kontemporer (Telaah atas Pandangan Wahbah al-Zuhailī)

Talfīq of maẓhab (combining several madhhabs in a single practice) is one of the important issues discussed by fiqh scholars, especially in the last few centuries. Some accept it, while others reject it. Various studies have been presented on this topic by many scholars and researchers. However, in this research, the author tries to connect the issue of talfīq of madhhab with the need for fatwas in the contemporary era and specifically examines the views of Wahbah al-Zuhailī, a very famous contemporary fiqh scholar, on this topic. The research refers to various writings and fatwas from Wahbah al-Zuhailī, then analyzes them based on fiqh, ushul fiqh, and fatwa principles as explained by scholars. Additionally, the author strengthens the analysis by providing examples of fatwas from other contemporary scholars and fatwa institutions, which result in the emergence of talfīq of madhhab. This demonstrates that talfīq of madhhab has been accepted by various groups, even though they sometimes do not mention it explicitly. The results of the research show that Wahbah al-Zuhailī accepts the concept of talfīq of madhhab, with certain conditions, and acknowledges its urgency in fatwas in the contemporary era.

URGENSI MUFTI PEREMPUAN DI DUNIA KONTEMPORER PERSPEKTIF MUBADALAH DAN GENDER

The mufti's position in society is very important in responding to the problems of the people. Moreover, in this contemporary era where science and technology are developing so rapidly. However, many women's problems do not receive serious attention. This research is intended to find out what is the position and involvement of women in a fatwa institution or becoming a mufti. How important its role is in the contemporary world is seen from the perspective of gender and gender. This research uses qualitative methods with a type of library research related to several related literature. This research also uses thematic analysis to identify the main themes that emerge from the data that has been collected. From this research, it is known that there is no provision or requirement that a mufti must be a man so that women who have adequate qualities and capabilities are worthy of being a mufti. Apart from that, the presence of female muftis in the contemporary era is very important to ensure gender justice in society, apart from being an enlightener and provider of solutions to people's problems, especially those related to women's issues. With an effective empowerment strategy, it is hoped that female muftis can make a major contribution to realizing more equal gender justice in society.

Analisis Istinbath Hukum pada Fatwa DSN-MUI No.147/DSN-MUI/XII/2021 Tentang Penyelenggaraan Jaminan Sosial Ketenagakerjaan Berdasarkan Prinsip Syariah

This study aimed to analyze the reason behind of istinbath related to BPJS fatwa. The type of research used by researchers is Normative Islamic Law research using secondary data. Meanwhile, the secondary data used is DSN-MUI Fatwa No. 147 of 2021 concerning implementation Employment social security is based on sharia principles, the nature of this research is descriptive qualitative with data collection through literature study. The result showed that analysis of Legal Istinbatı in the 2021 DSN-MUI Fatwa concerning the Implementation of Employment Social Security based on sharia principles, namely every contract contained in the fatwa This is permissible, on the basis of extracting standard laws owned by the National Sharia Council of the Indonesian Ulema Council, in which the DSN-MUI as a Fatwa institution established in Indonesia implements the concept of Istinbath. The law is Collective Ijtihad based on the Al-Qur'an and Hadith, ijma, Qiyas and other mu''tabar propositions Including other legal Istinbath methods such as Istihsan Istishab, "urf, Sadduz Zari ah. Qaoul Shohabi Istishlahi, Ilhaqi, Maqoshid Syariah, Masholih Mursaya and basic sharia principles related to social security.

Analysis of Fatwa Regarding Sharia Credit Cards and Their Relevance to the Development of Islamic Banking in Indonesia and Bahrain

This research aims to analyze fatwas on Sharia credit cards and their relevance to the development of Islamic banking in Indonesia and Bahrain. This qualitative study uses a text and context approach. The main data used are fatwas from DSN-MUI and the Sharia Supervisory Board of Bank Islam Bahrain regarding Sharia credit cards, supported by books, scientific articles, and reports on the development of Islamic banking. Data were collected through documentation techniques and analyzed using descriptive analysis. This study concludes that Sharia credit cards, as outlined in the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the Sharia Supervisory Board of Bank Islam Bahrain (SSB-BIsB), are permissible as transaction tools based on legal principles, contract provisions, wage and service provisions, penalties, and limits in accordance with Sharia principles. Specifically, in Bahrain, fatwas must refer to the standards of the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI). Currently, the use of Sharia credit cards in Bahrain is experiencing significant growth, while in Indonesia, public interest in using Sharia credit cards remains relatively low. The findings of this research can serve as policy studies for fatwa institutions and Islamic banking to enhance the growth of Sharia credit cards as a Sharia financing instrument for the public, particularly in Indonesia.

Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law

The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia.

Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia

The position of fatwa institutions in cases of blasphemy by cult groups is often seen as representing only the majority Muslims and blaming minority Muslims, as in Indonesia, or seen as a tool to suppress anti-government groups, as in Malaysia. This study aims to explain the position of the Indonesian Ulema Council (MUI) and Jawatankuasa Fatwa in handling heresy, including the reasons behind the differences in the positions and roles of the two institutions. Researchers use qualitative methods with a comparative legal approach. This study found that MUI's heretical fatwas had no legal force, the central MUI has the authority to enact heretical fatwas within MUI institutions, but not absolutely to respond to national laws, and not play a role in the criminal justice system. Meanwhile, Jawatankuasa Fatwa Kebangsaan (JFK) has the force of law with certain conditions, however, the federal state Jawatankuasa Fatwa has the authority to determine heretical fatwas to respond and strengthen state regulations (blasphemy laws). This research can be used as a reference for law enforcement in handling blasphemy cases by considering the views of MUI and Jawatankuasa Fatwa, which are regulated adequately by laws and regulations.

Musharakah Mutanaqisah in Indonesia and Malaysia: Fatwa Institution, Regulation, and Recent Practice

Musharakah Mutanaqisah in Indonesia and Malaysia: Fatwa Institution, Regulation, and Recent Practice

The Absorptive Capacity of Fatwa Institutions in Indonesia on Contemporary Issues

The existence of fatwa institutions is very important because it can provide a roadmap for resolving contemporary legal problems. This research aims to examine the nature and importance of fatwas, the existence of fatwa institutions in Indonesia and their mandate and the absorption capacity of fatwa institutions in Indonesia in responding to current problems. Research was carried out in the literature using a normative-historical approach in analyzing the absorption capacity of fatwa institutions in responding to contemporary issues. The fatwa institutions in question are centered on the Majlis Tarjih Muhammadiyah, Bahtsul Masa'il Nahdlatul Ulama (NU) and by fatwa institutions such as the Indonesian Ulema Council (MUI). The results show that a fatwa is a form of answer from a mufti to a question asked by a mustafti which is based on a compelling case. Remembering that the mufti is the person chosen to be the caliph and successor of the Prophet, as stated by Imam Syatibi. Therefore, fatwas have a strategic and important position in social life to answer contemporary problems. Fatwa plays an important role in answering contemporary problems, especially problems in the era of modernization. One reason is because the majority of Muslims need legal answers that can solve problems. Based on the number of fatwas that have been issued, it shows that fatwa institutions in Indonesia have responded to contemporary legal issues.

The Problem of Religious Guidance among Indian Muslims: A Forward-Thinking Proposal

The Indian Muslim community faces a paradox, marked by the presence of religious leaders without a clear path forward. The article identifies a lack of guidance, particularly in matters of faith, as numerous Ulema offer conflicting fatwas, stemming from a flawed Ifta methodology. Tracing the historical evolution of fatwa issuance, the 19th-century shift in India, influenced by the East India Company's trade-focused policies, led to an abundance of independent Ulema. This article explores the historical evolution of Ifta in Islam, with a focus on India. It reviews the transition to formal fatwa institutions, compares practices across regions, and proposes centralizing fatwa authority through a high central council in India, offering recommendations for reform. The absence of a centralized authority for fatwa issuance in India results in a chaotic scenario.To address this, the author proposes a structured solution: establishing a high central council of diverse Ulema and intellectuals. This council would delegate responsibilities for religious and social issues to ensure uniformity in fatwa decisions nationally. However, the article underscores that councils alone are ineffective without legal enforcement authority. This article will show: 1) Abundance of Guidance and Contradictory Fatwas; 2) Evolution of Fatwa Issuance in Islamic History; 3) Current State of Fatwa Issuance and Recommendations for Reform. Additionally, it advocates reevaluating the concepts of 'Dar al-Islam' and 'Dar al-Harb' in the context of India's identity. The author suggests a Parliament-recognized Council to issue fatwas, aligning with democratic principles and reflecting shared ownership among India's diverse Muslim population.

Fatwa Institutions in Malaysia: Navigating Current Challenges and Changes

The fatwa institutions in Malaysia play a crucial role in interpreting Islamic law and guiding the Muslim community. However, these institutions face various modern challenges affecting their effectiveness and relevance. This article explores the primary obstacles encountered by Malaysia’s fatwa institutions, including the conflict between traditional jurisprudence and contemporary societal issues, the impact of technological advancements, and the demand for increased transparency and accountability. It also considers how these institutions are adapting to the evolving socio-political landscape and the implications for their authority and legitimacy. This study aims to provide insights into how fatwa institutions can address these challenges while upholding their core principles by analysing recent developments. The findings offer valuable perspectives for policymakers, religious scholars, and the wider community, helping them understand and address the complex issues faced by Malaysia’s fatwa institutions in the 21st century.

Untung Rugi Perjanjian Pra-Nikah: Analisis Yuridis Islam dan Hukum Positif

his study aims to analyze the views of Islamic scholars on prenuptial agreements in the perspective of Islamic jurisprudence (fiqh) in Indonesia. The research method used is document analysis of relevant fatwas from various sources, such as official websites of fatwa institutions, fiqh books, and scholarly articles discussing prenuptial agreements. The study shows that Islamic scholars do not oppose prenuptial agreements with certain conditions; in fact, they view it as a way to prevent conflicts by clearly defining the rights and obligations of couples. Although permitted in Islam, agreements must be made in good faith and in accordance with religious values and principles of justice. This study enriches the understanding of the practice of prenuptial agreements in Islam and its relevance in Indonesian Muslim society. The findings are expected to guide the government, prospective couples, and researchers in developing policies and further research related to modern marriage in Indonesia.

Building Islamic Fintech Ecosystems in Indonesia

This study aims to explore how to build a fintech ecosystem that contributes to the progress of Sharia fintech in Indonesia. This research uses a literature review about the fintech ecosystem and the main actors who interact and collaborate within it. The study results show that the Major Ecosystem forms a solid foundation for the development of the Sharia fintech industry in Indonesia. Collaboration between Sharia fintech platforms, Sharia banks and other partners enables the adoption of Sharia principles in increasing the accessibility and sustainability of financial services. Meanwhile, the Minor Ecosystem complements and strengthens efforts in building the Sharia fintech industry. With collaboration between regulators, fatwa institutions, industry associations and educational institutions, the Sharia fintech industry can continue to develop and make a positive contribution to financial inclusion and inclusive economic growth.

CRYPTOCURRENCY LAW: A STUDY OF FIQH AND FATWAS ABROAD AND A COMPARISON OF FATWAS IN INDONESIA

The discussion of fiqh and fatwa studies on cryptocurrency is still widely discussed both in Indonesia and abroad. Differences of opinion regarding cryptocurrencies are also often found so it is interesting to discuss. This research aims to find out the legal istinbãth method used by fatwa institutions in determining the cryptocurrency issue. This research is a qualitative study with library data collection techniques. The Malaysian state requires a report on every transaction, and State Bank of Malaysia is also not fully responsible for the use outside the crypto wallet service provider. Middle Eastern fatwa institutions such as in Egypt, Turkey, and Palestine prohibit cryptocurrencies because they are illegal, there is no direct supervision from the government or authorities so that money laundering can occur, and cryptocurrencies can also cause gharar. Fatwa institutions in Indonesia differ in determining the law of cryptocurrency. MUI's fatwa prohibits cryptocurrency according to government regulations and the sad al-dzariah legal istinbãth method, as well as the Muhammadiyah Tarjih Council which also prohibits cryptocurrency. The East Java PWNU Bahtsul Masail Institute prohibits cryptocurrency, while the Yogyakarta Special Region PWNU Bahtsul Masail Institute allows it, both institutions use the ilhãqi method because they refer to classical and contemporary books.

WOMEN AND THE FATWA REFERENCE

The research paper deals with the topic of women and the fatwa reference. It is a bilateral problem related to women's assumption of the position of fatwa, as the issue of their assumption of the position of fatwa has sparked a wide controversy in jurisprudential circles and international conferences in many Islamic countries among those who support it, considering that women practiced teaching and issuing fatwas at the time of the righteous predecessors. He explained that the fatwa is a general mandate that women may not assume. This is due to several points of view of jurisprudence under discussion. This issue is also one of the human rights issues called for by many women's associations, considering that the fatwa is not exclusive to men and women have the participation of scholars in fatwa bodies, in order to enable women to exercise their right to fatwa, so some called for the need to appoint women in the role of fatwa institutions. There is no doubt that judging the thing is a branch of its perception, as the scholars say, the issue calls for searching for its legal rooting and the extent of the need for women muftis in light of contemporary developments. The research concluded that it is permissible to appoint women to the position of fatwa. The issue is not fundamentalist as much as it is procedural due to the ruler first and to the availability of the necessary conditions to assume this position.

Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions

This study aims to explore and analyze al-Buti's thoughts on maslahah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Ḍār al-Iftā al-Miṣriyah in Egypt, Ḍār al-Iftā al-‘Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Buti's concept of maṣlaḥah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maṣlaḥah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāṣid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiẓ al-dīn), and (ii) the urgency of maṣlaḥah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.

Implementation of The Concept of 'Urf and Maslahah in Buying and Selling Gold With Non-Cash Payment (Comparative Study of Fatwa DSN-MUI and Fatwa Al-Lajnah Ad Dāimah Li Al-Buhūṡ Al-‘Ilmiyyah Wa Al-Iftā’ Saudi Arabia)

The background of writing this research is to respond to differences in fatwas that occurred in two major fatwa institutions, namely the National Sharia Council of the Indonesian Ulema Council and Al-Lajnah Ad-Dāimah Li Al-Buhūṡ Al-'Ilmiyyah Wa Al-Iftā' State of Saudi Arabia; in the law of buying and selling gold in cash. This difference in fatwas confused the public and required descriptions and explanations regarding the methodology used by the two fatwa institutions. In this study, the authors used a qualitative method as a case study with a normative juridical approach. The results of this study are that the National Sharia Council of the Indonesian Ulema Council allows buying and selling gold in cash, either through ordinary buying and selling or buying and selling murabaha, as long as gold does not become the official medium of exchange (money). As for the fatwa of Al-Lajnah Ad-Dāimah Li Al-Buhūṡ Al-'Ilmiyyah Wa Al-Iftā' number 3211, it states that delaying the payment of gold is not permitted if it is exchanged for gold, silver, or equivalent (money).

The Relationship between Investor Behaviours with Fatwa Coordination of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB)

The fatwas coordination of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB) in 2017 revealed a subsequent growth in the number of ASB shareholders. To the extent that there is a connection between investor behaviors and the coordination of fatwas in making investment decisions. The systematic literature study also proves the inconsistency of fatwa studies, especially concerning human behaviour based on the sharia. Numerous studies have been done on how religion affects conduct, but they do not specifically refer to a fatwa when they address religion. In order to break the current gap, this paper investigates how the coordination of fatwas in Malaysia affects the behavior of Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera (ASB) investors. A total of 452 samples were descriptively and inferentially analyzed using SPSS utilizing a series of questionnaires given through Google Forms to ASN and ASB investors. The findings indicate that the correlation coefficient for behavior variables is 1,000, whereas the correlation value for fatwa variables is 0.460. The Spearmen Table reveals a relatively significant relationship between investor behaviors variables and fatwa variables that correlate linearly. These findings show that ASN and ASB investors consider fatwa variables in their investment decisions, which influences financial service providers, fatwa institutions, and the community, particularly in terms of addressing fatwa inconsistency for the sake of the ummah. The implications of this research focus on showing the beneficial role of religious organizations in the country's economic growth. It also highlights the concern of financial service providers in fulfilling the community's demands in accordance with Islamic law.

A Secret Marriage and Denied Rights: A Critique from an Islamic Law Perspective

Today, secret marriages are a known problem among Muslims, but discussions and debates are avoided. People who are unwilling to take on the responsibilities of marriage yet do not want to commit adultery, one of the major sins in Islam, practice secret marriages. However, this leads to the deprivation of rights for parties and children born in these unions. Some claim that the legal justification for secret marriages is provided by the view that the presence of witnesses and the parties to be married is sufficient for a marriage contract. Therefore, this article aims to critically examine the views of the four Sunnī legal schools on testimony (shahada) or proclamation (i’lan) in relation to marriage, and how these conditions align with the requirement for protecting the rights of all parties involved in the marriage. Upon examination, this article also will delve into unregistered marriages and illustrate how both types of marriages do not adequately establish the rights of those involved. In order to accomplish this objective, the article will use a descriptive methodology that directly refers to primary texts and certain fatwa institutions, such as the Diyanet (the Presidency of Religious Affairs in Turkey), to present the jurists’ discourses.

Bayani, Burhani And Irfani's Approach In Ijtihad Jama’i In The Muhammadiyah Pandemic Covid-19 Emergency Fiqh

Covid-19 had shocked the world because it became a global pandemic in a short time, including in Indonesia. To counteract the spread, the government through the Ministry of Health has released guidelines for the prevention of Covid-19. These guidelines include recommendations for wearing masks, physical distancing, and not leaving the house, especially for areas with high transmission rates. This has an impact on Muslim worship activities including congregational prayers at mosques and mushalla, so a quick response is needed for this. The Muhammadiyah Tarjih and Tajdid Council, one of the fatwa institutions that was quick to respond to this incident, immediately released several fatwas. The guide was produced through an ijtihad jama’I which was not only attended by Muhammadiyah scholars but also experts from the health sector, by implementing the bayani, burhani, and irfani approaches. The purpose of this writing is to find out how the Tarjih and Tajdid Assembly implements these three approaches in determining the fiqh law of a pandemic emergency, especially in the fatwa of canceling congregational prayers, praying at a distance and praying while wearing a mask. To reach this goal the author uses library research using a descriptive analysis approach to describe the results of the author's analysis. The results of this study state that in these fatwas the bayani, burhani and irfani approaches are used in an integrative, complementary, and perfecting way, not used separately which makes the practical benefits of the three cannot be achieved optimally.