MUI Fatwa Research Articles

Equity Crowdfunding: Financing Instruments MSMEs Compilation of Perspective Sharia Economic Law

This study aims to analyze financing instruments for micro, small and medium enterprises (MSMEs) through equity crowdfunding and examine equity crowdfunding in the perspective of compilation of Sharia economic law (KHES). This type of research is descriptive qualitative research, namely research that seeks to describe and explain the data obtained with secondary data. This study uses a literature research approach, where the data sources are obtained from literature studies and various kinds of literature that are worthy of discussion, including the study of OJK Regulation No. 37/POJK.04/2018 and DSN MUI Fatwa No. 117 /DSN-MUI/II/2018. The results of this study indicate that the financing instrument carried out contains business actors, investors and fund distribution institutions. While the review of Islamic economic law regarding equity crowdfunding leads to 2 types of contracts, namely mudharabah and musyarakah contracts that can be used as references.

MUI Fatwa's Contribution to Legal Policies Related to Covid-19 Vaccination Regulations

This article examines the impact of the Fatwa of the Indonesian Ulema Council (MUI) on the legal policies regulating COVID-19 vaccination. The MUI fatwa is a religious edict issued by a prominent Islamic institution in Indonesia that outlines the halal status, benefits, and safety of the COVID-19 vaccine. In the context of the COVID-19 pandemic, vaccination-related legal policies are crucial for assuring public health protection and combating the pandemic. The MUI fatwa can guide the government and related institutions when formulating legal policies regarding COVID-19 vaccination. This article will discuss in detail how the MUI Fatwa contributes to the formulation of legal procedures in Indonesia regarding the regulation of COVID-19 vaccination. This article examines the effect of the MUI Fatwa on government decision-making, the implementation of rules, and the COVID-19 vaccination program in Indonesia. This article will identify key aspects of the MUI Fatwa that impact legal policies relating to COVID-19 vaccination through a qualitative approach incorporating literature studies and statutory regulation approaches. In addition, this article will assess the benefits and drawbacks of the contribution of the MUI Fatwa and provide suggestions for enhancing the role and efficacy of the MUI Fatwa in Indonesian legal policies concerning COVID-19 vaccination. By understanding the assistance of the MUI Fatwa to legal procedures regarding the regulation of COVID-19 vaccination, it is hoped that this article will provide policymakers, related institutions, and the general public with valuable insights for addressing the challenges of the COVID-19 pandemic and promoting effective and sustainable vaccination efforts.

THE URGENCY OF MAQĀŞID SHARĪA FOR HALAL TOURISM REGULATION IN INDONESIA

Halal tourism is one of the halal value chains that has experienced very significant development, not only in Muslim-majority countries but has penetrated into minority countries. Indonesia is also one of the drivers of halal tourism with various achievements achieved in the international arena, however, the regulation of halal tourism is still a polemic and there is no strong legal umbrella governing it. This research aims to see the urgency of maqashid sharia on halal tourism regulation in Indonesia. This research is a normative research with literature search method. Data obtained from journals, books, research relevant to the discussion are reviewed descriptively. The result of the research is that related to halal tourism in Indonesia there has been a MUI fatwa No. 18/MUI-DSN/X/2016 concerning Guidelines for the Implementation of Tourism Based on Sharia Principles and various other laws and regulations, but it has not fully given effect to tourism management and development, especially legal certainty. So in making regulations, the elements of maqashid sharia are needed, namely protecting religion, soul, mind, offspring and property which is the basic foundation because it is in line with the purpose of establishing halal tourism, namely the realization of maslahah and avoiding mafsadah which can be achieved by all related elements.

KEBIJAKAN PEMERINTAH, MEDIA, DAN FATWA MUI DALAM MENDINAMISASI PERKEMBANGAN BANK SYARIAH DI INDONESIA

The socio-economic phenomenon in the form of the rapid development of Islamic Islamic banking cannot be separated from government policies that provide support for this development. Regulations regarding the development of Islamic banking have provided a kind of legal certainty for the development of banks which is expected by Muslim communities who seek to invest in a bank that is deemed to be blessed by Allah SWT. The mass media is in the form of electronic media and preachers as a form of mass communication as agents in socializing Islamic banks and has also dynamized the development of Islamic banks in the country. Everything is reinforced by the MUI Fatwa which is a kind of mandatory call to invest as much as possible the Muslim community's money into a sharia bank which is considered a bank that upholds the values of justice and is considered in accordance with sharia principles.

The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification

The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.

MUI Fatwa's Contribution to Legal Policies Related to Covid-19 Vaccination Regulations

MUI Fatwa's Contribution to Legal Policies Related to Covid-19 Vaccination Regulations

RELEVANCE OF MACHINERY SLAUGHTERING OF ANIMALS IN THE MODERN ERA IN A REVIEW OF ISLAMIC LAW

Food and drink are two things that everyone needs. However, for a Muslim, halal food and drinks are always a priority. Therefore, not all food and drinks are halal for consumption, such as the halalness of animals or animals. Islamic teachings teach that the halal and unlawful slaughter of animals is closely related to the method of slaughtering them. This article explains and describes the relevance of slaughtering animals using cutting machines in the modern age. This research uses a qualitative method type of literature study. The data used in this study came from the search results of some books, MUI fatwas, articles, and others related to research. Furthermore, the data were analyzed descriptively using a normative approach. The results of the study explain that the slaughter of animals using a slaughter machine is considered valid if it meets the requirements set out in the MUI fatwa’s.

Interfaith Marriage in Indonesia: The Controversy between MUI Fatwa and Surabaya District Court Decision

This article is motivated by the issue of the Surabaya District Court's decision to legalize interfaith marriage. This issue has garnered a lot of opinions and criticism because it is considered to be not in line with the MUI fatwa that has been established. Therefore, the focus of this study is firstly on the legal basis of the MUI in establishing interfaith marriage, secondly on the considerations of the Surabaya District Court judge in deciding on interfaith marriage, and lastly on the legality of interfaith marriage in law and human rights. Using a sociological and normative approach, it can be concluded that the Surabaya District Court decision was rejected by various groups, especially the MUI, which was deemed to be no longer in line with the fatwa that had been established since long ago. Regarding this issue, the MUI will hold a meeting with the legal commission to discuss this issue. Nevertheless, the Surabaya District Court remains on the decision they issued because they have a basis for the decision. This study obtained data sources from secondary data by processing data from primary legal materials and secondary legal materials in the form of laws, civil procedure law books, and opinions of legal experts and theses. The results of this study are that interfaith marriage is recognized by state law if it is recorded in civil registration, as stipulated in Article 37 of the Population Administration Law, but it is not valid according to religion.

Foreign Exchange Transactions in the Perspective of Islamic Economics

Judging from its history, the currency has undergone many changes in meaning. Starting from its existence during the barter period to the modern era of money consisting of fiat money and demand deposits. At this time a new term has appeared virtual money. History records that money has developed its meaning, function and value of money. This change automatically has an impact on changes in the law that applies to it. This article uses a qualitative method with a literature study approach. The data presented in this article are sourced from statutory documents, journals, records, and books related to this research. The legal buying and selling of foreign exchange (forex) are permissible, with the following conditions; There is Ijab accompanied by Qabul (there is an agreement to give or receive). As stated in the MUI fatwa that foreign exchange transactions (al-Sharf) are only permitted if there is a need, for example as a precaution and not for speculation (chance) with conditions that have no legal basis.

PEMENUHAN HAK-HAK PERLINDUNGAN ANAK (STUDI PERBANDINGAN HUKUM POSITIF DAN HUKUM TATA NEGARA ISLAM)

The results of the author's research in this study that the fulfillment of chidren's rights in positive law is fully regulated by law in which it is regulated explicitly and clearly both the fulfillment of the rights of the child itself and the sanctions for violators. whereas in Islamic constitutional law, the fulfullment of children's rights is explained in the arguments of the Qur'an, hadith, compilations of Islamic law, and also MUI fatwas where are clear. but the similarity is that in positive law and Islamic constitutional law the fulfillment of children's rights is fully guarded and protected so that the child's life is safe and peaceful..

Perlindungan Hukum Anak dalam Kandungan Hasil Zina Perspektif Hukum Positif dan Hukum Islam

This research deals with special problems in children resulting from adultery. This is shown in article 100 of the Compilation of Islamic Law (KHI) whose family relationship is only with the mother and the mother's family. The four schools of thought agree that children from adultery do not receive a lineage from their father. The formulation of the research problems are, 1) What is the role of state institutions in guaranteeing and protecting the rights of children born from adultery? 2) How is the legal protection of children's rights in the womb resulting from adultery from a positive legal perspective? 3) How is the legal protection of children's rights in the womb resulting from adultery from the perspective of Islamic law? This research is normative legal research research on secondary data from primary, secondary, and tertiary legal materials through literature review based on the Al-Quran and hadith, books, laws and regulations and other related matters. The result of this research is that the state's efforts to guarantee protection have been carried out through laws that are general in nature. However, there are no specific rules to guarantee legal protection for children in the womb of adultery. MK Decision No. 46/PUU-VII/2010 is a bright spot in legal protection for children resulting from adultery, namely having the same rights and treatment as children in general by means of proof and recognition of child status by their biological father. Meanwhile, the perspective of Islamic law also issued MUI Fatwa NO. 11 of 2012 concerning Children resulting from adultery and their treatment that children resulting from adultery do not have a family relationship with their father, and are only related to their mother and family. However, the biological father is obliged to provide the fulfillment of the child's rights with responsibility for adultery children who have existed since the womb.

Perspektif Hukum Positif dan Hukum Islam di Indonesia terhadap Perkawinan Beda Agama

Marriage is a very important thing in the reality of human life. The reality in people's lives that interfaith marriages occur as a reality that cannot be denied, of course, really ignores the existence of applicable laws and regulations. Regulatively, interfaith marriages in Indonesia do not have legal force because Law Number 1974 Concerning Marriage Chapter 1 article 2 paragraphs 1 & 2, Compilation of Islamic Law article 40 paragraph c and article 44 of the MUI Fatwa have prohibited interfaith marriages. What are the perspectives of positive law and Islamic law on interfaith marriage from the point of view of the similarities and differences between the two laws. The method in this study uses a qualitative method in the form of literature review. The data sources used in this research review consist of two sources (primary and secondary). The main sources used in this study were KHI (Compilation of Islamic Law) and RI Law No. 1 of 1974, and UU No. 23 of 2006 while the secondary sources used in this study were books and scientific writings that had links with the object being studied. Based on the perspective of positive law and Islamic law, interfaith marriage is seen as having greater harm than benefit. Doing interfaith marriages means ignoring the laws and regulations that apply in this country. The logical consequence is that there will be various problems in the household so that it is impossible to create a sakinah family.

Analisis Fatwa MUI Tentang Tes Swab Untuk Mendeteksi Covid-19 Saat Berpuasa Perspektif Pandangan Ulama dan Relevansinya

Circular Letter of the Covid-19 Handling Task Force Number 11 of 2022 concerning Provisions for the Travel of Domestic Persons During the Covid-19 Pandemic Period is the basis for revoking the obligation for Rapid antigen tests for people who have received full doses of vaccines and booster vaccines, but are required to comply with health protocols. People who receive the first dose of the vaccine and who have not received the vaccine for reasons of special health conditions must show negative results from the RT-PCR test or rapid antigen test. This regulation also applies to travellers who are fasting. One prohibition that must be avoided while fasting is putting something into the body. In response, the Indonesian Ulama Council issued fatwa number 23 of 2021 concerning the Swab Test to Detect Covid-19 While Fasting, which states that the swab test does not break fast. So it is necessary to study how the views of the Ulama on this fatwa and its relevance to the situation when this fatwa was decided. This study uses the method of literature review. The approach used is the ushul fiqh approach, and the theory used is istihsan. The primary legal material used is the MUI Fatwa Number 23 of 2021, and the secondary legal material used is books and journal articles. The purpose of this study was to find out the views of the Ulama on the results of the MUI's Ijtihad in establishing Fatwa Number 23 of 2021 so that there is no doubt when carrying out a swab test while fasting and whether this MUI fatwa is relevant to the situation at the time this fatwa was decided. The study's results show that Ulama's views on the results of the MUI's Ijtihad in establishing Fatwa Number 23 of 2021 are divided into two opinions. Most contemporary scholars say that the law on swab testing during fasting does not break the fast. According to the classical ulama, the Hambali and Shafi'i ulama declared it null and void. The Maliki school of thought believes there is a gap for the swab not to break the fast because it is a dry and solid object that does not reach the stomach. The Hanafi school believes that the swab is not invalidated because it does not enter the body perfectly. MUI's decision-making in establishing Fatwa No. 23 of 2021 is considered relevant to the situation when this fatwa was issued. This fatwa is an effort to emphasize the spread of Covid-19.

The Contribution of the MUI Fatwa in Reducing the Culture of Corruption

The MUI fatwa has moral weight and can pressure the government to eradicate Corruption and uphold human rights because it comes from a religious institution. The MUI fatwa against bribery and Corruption can serve as a moral compass for Indonesian people, encouraging them to avoid acts of Corruption in their daily lives. In addition to understanding how MUI fatwas can contribute to efforts to eradicate the culture of Corruption in Indonesia, it aims to research the role that MUI fatwas can play. The research method used is qualitative, with a literature approach and a statutory approach. The study results stated that the MUI Fatwa was essential in eradicating Corruption in Indonesia. The MUI fatwa on prohibiting Corruption and prohibiting bribery advises people not to engage in Corruption and encourages them to live an honest and moral life. Applying the MUI fatwa in public and political life is essential to creating a clean and open culture.Keywords: Contribution; MUI fatwas; Corruption Culture Abstrak:Fatwa MUI memiliki bobot moral dan dapat menekan pemerintah untuk memberantas korupsi dan menegakkan HAM karena berasal dari lembaga agama. Fatwa MUI melawan suap dan korupsi dapat menjadi kompas moral bagi masyarakat Indonesia, mendorong mereka untuk menghindari tindakan korupsi dalam kehidupan sehari-hari. Selain untuk memahami bagaimana fatwa MUI dapat berkontribusi dalam upaya pemberantasan budaya korupsi di Indonesia menjadi tujuan penelitian tentang peran yang dapat dimainkan oleh fatwa MUI. Metode penelitian yang digunakan adalah metode penelitian kualitatif dengan pendekatan literatur dan pendekatan peraturan perundang-undangan. Hasil penelitian menyatakan bahwa Fatwa MUI berperan penting dalam pemberantasan korupsi di Indonesia. Fatwa MUI tentang pelarangan korupsi dan pelarangan praktek suap menasihati orang-orang untuk tidak melakukan korupsi dan mendorong mereka untuk menjalani kehidupan yang jujur dan bermoral. Penerapan fatwa MUI dalam kehidupan publik dan politik juga penting untuk menciptakan budaya bersih dan terbuka.Kata Kunci: Kontribusi; Fatwa MUI; Budaya Korupsi

Relevance of Compliance on Islamic Law by The Construction of MUI DSN Fatwa on Murābahah Financing Products at BMT Khasanah Tawang, Weru

Murābahah is one of the financing products at BMT Khasanah Tawang, Weru Sragen that is most in demand by customers or the public. Basically there are no ribawi provisions from the profits of murabahah transactions. The concept of murabaha contract transactions is more transparent, because murabaha schemes in financial institutions are required to notify customers about price objects or products and agree on the benefits received by the institution. So transactions must be carried out in a trustworthy and honest manner. In Murabahah there are conditions that must be met by financial institutions in Indonesia. According to DSN MUI Fatwa No. 04/DSN-MUI/IV/2000, the first provision of article no 5 that banks buy goods needed by customers on behalf of their own banks, and these purchases must be lawful and free of usury, in other words the bank must first purchase goods or assets ordered by customers legally and free from usury. And in the DSN-MUI fatwa number 17/DSN-MUI/IX/2000, it has been explained in the first decree no. 2 that customers who are unable or unable to pay due to force majeure may not be subject to sanctions. Problems at BMT Khasanah Weru are customers who use capital financing for personal needs. The method used in this research is descriptive qualitative, data collection is done by means of interviews, documentation and observation. The results of the research on the application of Murābahahat BMT Khasanah Tawang, Weru the application of Murabahah financing products is in accordance with DSN MUI fatwa No. 04/DSN-MUI/IV/2000 and DSN-MUI fatwa number 17/DSN-MUI/IX/2000. BMT Khasanah Tawang addresses the problems of customers who use capital financing to buy personal needs with several evaluations.

Analisis Hukum Fiqh dan Hukum Positif Terhadap Nikah Beda Agama

This study examines interfaith marriage from the perspective of fiqh law and positive law. Marriage is the result of affection between a man and a woman, so limiting marriage to religion is one of the conflicts that often occurs, interfaith marriage is something that is difficult to separate, especially those who adhere to the teachings of pluralism in Indonesia. So from here the researcher considers it important to raise the problems that occur in interfaith marriages. In this study the researchers used normative legal research, namely what we know as library law research, namely legal articles carried out by researching based on materials sourced from libraries. Sources of data used by the author of the article in this writing include primary legal materials (binding legal materials). Data collection techniques using library research techniques. The selection of literature is carried out as carefully as possible by considering the author's authority in the field under study. This study also examines in detail the law of interfaith marriage in terms of Islamic law following the as-Syafi'i school, and also links civil law and positive law in Indonesia, as well as the MUI fatwa.

Penyuluhan dan Sosialisasi Fatwa MUI No. 32 Tahun 2022 Tentang Pelaksanaan Ibadah Kurban Saat Kondisi Wabah Penyakit Mulut Dan Kuku

This activity aims to provide counseling and socialization of MUI Fatwa No. 32 of 2022 concerning sacrifices during an epidemic of mouth and nail disease. This is important to do considering the lack of public information regarding guidelines for the implementation of qurbani from animal selection, quarantine to standardized slaughter according to Islamic law, especially during the outbreak of mouth and nail diseases that attack split-toed/even hoofed animals such as cattle, buffalo, sheep, goats, deer, camels, and includes wild animals such as elephants, antelopes, bison, deer, and giraffes. Community service was carried out at the Al-Hidayah Taklim Council, Ngasem Village, Colomadu District, Karanganyar Regency, Central Java with 50 participants. Prior to the activity, participants were given a pre-test to measure basic understanding of the sacrificial procedure, then a post-test was conducted to measure changes in understanding after technical socialization is carried out. The results of this activity showed an increase in people's understanding of the procedure for sacrificing from elections, quarantine, to slaughtering sacrificial animals and how the MUI fatwa no. 32 of 2022 can be applied as a reference in the implementation of sacrifice in the midst of an outbreak of mouth and nail disease in sacrificial animals.

Fiqh Muamalah Drugs in Shari’ah Perspective

Recently, there have been pros and cons about using one of the vaccines, namely the Measle-Rubella vaccine. The results of the examination carried out by LPPOM MUI, this vaccine was positive for containing pork. One of the fatwas regarding halal certification is fatwa number 02 of 2021 concerning Covid-19 Vaccine Products from Sinovac Life Sciences CO.LTD. China and PT. Bio Farma (Persero). This current study will group the topics of fiqh muamalah research on drugs to find out the existing research map. By using qualitative research with analysis content and focus discussion groups with economists, the articles used are 17 articles published in journals in Indonesia from 2018 to 2021, the topic of this muamalah fiqh research consists of 4 topics, namely 1) Maqasid shariah against MUI Fatwa Number 02 of 2021, MUI Fatwa Number 33 of 2018, and MUI Fatwa No. 04 of 2016; 2) Public perception of the use of the measles rubella vaccine; 3) The use of vaccines as an alternative treatment in the perspective of sharia law; and 4) Health services in an Islamic perspective. Some topics that are suggested for further research include further deepening or collecting DSN fatwas related to the use of vaccines. Keywords: Muamalah Fiqh, Medicine, Sharia, Halal

ANALISIS PENERAPAN SHARIA COMPLIANCE DALAM PRODUK PEMBIAYAAN AKAD MURABAHAH

This study aims to describe the role of the Sharia Supervisory Board (DPS) towards sharia compliance and to analyze the application of sharia compliance in murabaha contract financing products. The research method used is normative legal research with a qualitative approach. In this study, researchers examined concrete legal regulations and substantial regulations accompanied by supporting literature in the form of literary sources that were relevant to the research object being discussed. The results of the study show that the existence of the Sharia Supervisory Board (DPS) is to guarantee and supervise Islamic banks so that they remain in the corridors of Islamic law. The role of the Sharia Supervisory Board (DPS) is very crucial in the implementation of sharia compliance in Islamic banks in Indonesia. The role of the Sharia Supervisory Board (DPS) at the technical level of banking operations is very important considering the duties, responsibilities and authorities they have. The Sharia Supervisory Board (DPS) in carrying out their duties can be active or responsive. The Sharia Supervisory Board (DPS) must actively supervise, collect data, analyze and correct various findings of sharia non-compliance in an Islamic bank. Financing with a murabaha contract that has been practiced by Islamic banking has deviated from several provisions in the DSN MUI Fatwa and there is a conflict with the legal terms of a sale and purchase agreement with a murabaha contract, namely the bank fully represents the customer to buy and receive goods from suppliers and gives the right to carry out deed of sale and purchase for and on behalf of the customer himself directly with the supplier. Islamic banks should first buy the object before the object is sold to the customer and also in this practice only one sale and purchase transaction, namely between the supplier and the customer. Based on DSN MUI Fatwa No. 04/DSN-MUI/IV/2000 concerning Murabahah, murabahah financing must occur in two sale and purchase agreements.

Offering Sharia Securities Through Technology Based Crowdfunding Services Based on Sharia Principles According to MUI Fatwa

This study aims to provide an understanding to the public regarding sharia securities offerings to avoid losses through crowdfunding services as organizers of legal entities that provide, manage, and operate crowdfunding services. This study used a qualitative method by reviewing related literature on information technology-based crowdfunding services based on sharia principles. Fatwa of the National Sharia Council (DSN) MUI FATWA NO: 140/DSN-MUI/VIII/2021 concerning Information Technology-Based Financing Services based on Sharia Principles explaining that sharia securities services through crowdfunding must avoid usury, graham, and deadlines. This research makes investing in sharia securities in technology-based crowdfunding services based on sharia principles easier. This research has implications that it can make a significant contribution in protecting investors oriented to sharia principles, can have an impact on increasing public trust in crowdfunding services provided by legal entities and has an impact on increasing access to Islamic finance for individuals and groups who want to fund or finance projects in accordance with sharia principles.