Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Moderasi Fatwa: Telaah Kritis atas Keputusan Fatwa Majelis Ulama Indonesia Provinsi Jambi tentang Pengalihan Harta Wakaf

Muhammad Sibawaihi — 2024-06-02

In 2021, the Indonesian Council of Ulama (MUI) of Jambi Province issued a fatwa permitting the transfer, exchange, or alteration of waqf assets to enhance their value and utility. This stands in contrast to the Shafi’i school of thought, which is predominantly followed by Muslims in Indonesia, where such actions are generally discouraged. This study aims to explore the legal methodology employed by the MUI of Jambi Province and to elucidate the principles of religious moderation inherent in their decision. The research utilizes a case study design, relying on interview data from MUI officials and document analysis of the issued fatwa and other relevant materials. The findings indicate that, although this fatwa initially appears to contradict the Shafi’i doctrine, it is procedurally sound, employing the methodologies of bayani, ta’lili, and istishlahi. Substantively, it aligns with the Quran, Hadith, and the views of both classical and contemporary scholars, strongly supporting the principle of public interest (maslahah). Moreover, the fatwa reflects significant aspects of religious moderation, particularly inclusivity, respect for tradition, and adaptability to social change.

Anomali Fatwa Majelis Ulama Indonesia dalam Sistem Hukum Indonesia: Telaah Hukum Responsif

Dirga Achmad — 2024-06-05

As an independent social organization, the Indonesian Council of Ulama (MUI) provides facultative religious opinions. However, the psychological response of society often elevates these opinions or fatwas beyond mere guidance, with many being formalized by the government into legislation, particularly in the fields of Islamic economics and finance. This article aims to elucidate the role of MUI fatwas within the social fabric and collective consciousness of Indonesian society, which is formally regulated by its own legal system. Employing a normative-empirical approach, this study finds that the MUI, as a social organization, is more accurately categorized as a Quasi NGO (Quango) rather than a typical NGO. MUI fatwas are not part of Indonesia's binding legal system; they are instead responsive, recommendatory, and facultative. Nonetheless, MUI fatwas play a significant role in regulating various aspects of Muslim community life, especially in the domains of muamalah, such as halal product certification, Islamic economics, and Islamic banking.

Maqashid Syariah dalam Perlindungan Hukum terhadap Korban Prostitusi Online di Jawa Tengah

Handoyo Subeno — 2024-06-09

This study delves into the legal protection afforded to women who are This study investigates the legal protection aspects for women victims of online prostitution and the Islamic legal perspective on such cases. The research employs a mixed-methods approach, combining legislative analysis and case studies from the PPA Unit of Subdirectorate IV/Renakta, Ditreskrimum, Central Java Police. The study reveals a need for legal certainty in protecting women victims of online prostitution, as current criminal laws do not target the users of such services. Existing legal instruments only address pimps and commercial sex workers. Legal protection is formulated through regulations and sanctions, including preventive and repressive approaches. Challenges include limited compliance by perpetrators, insufficient attention from law enforcement officers, and a lack of investigative knowledge in handling these cases. Proposed solutions encompass restitution, rehabilitation, repatriation, and social reintegration. From an Islamic legal perspective, victim protection refers to the concept of restitution, as articulated through diat and al-gharamah al-maaliyah.

Moral Politik Hukum Islam: Menyeimbangkan Hak Asasi Manusia dan Konservasi Lingkungan

Nur Sulistiyaningsih — 2024-06-14

The global dialogue on balancing economic development, human rights protection, and environmental preservation necessitates contributions from religions with their universal values. This article elucidates the role of Islamic law in maintaining the balance between human rights and environmental sustainability through political practices and policies in Indonesia. This study employs a descriptive-analytical method with a qualitative approach. Data collection is conducted through literature review and analyzed using content analysis. The findings of this research indicate that the concepts of maslahah (public interest) and maqasid al-shariah (objectives of Islamic law) have played a crucial role in providing fundamental principles for various sustainable policies. Islamic legal politics, through the principles of tawazun (balance) and avoiding harm, have fostered a restraint from excessive exploitation of natural resources to maintain ecological balance. The principles of maslahah and maqasid al-shariah offer a strong ethical and moral foundation for sustainable policies and support global efforts towards environmental sustainability and social welfare.

Inkoherensi Fatwa Majelis Ulama Indonesia tentang Dukungan terhadap Perjuangan Palestina dan Sertifikasi Produk Halal

Muamalah Rosita — 2024-06-16

Fatwa Number 83 of 2023 by the Indonesian Council of Ulama (MUI) prohibits transactions with products affiliated with Israel, while Law No. 33 of 2014 on Halal Product Assurance, which grants MUI the authority to issue halal certification, does not include such a prohibition. This study examines the applicability of MUI Fatwa No. 83 of 2023 regarding the certification of products affiliated with Israel, using a juridical-empirical research method with a qualitative approach. The research concludes that there is no clear legal consequence for the halal certification of products affiliated with Israel following the issuance of the fatwa. The MUI has not provided clarity regarding the prohibition of using halal products affiliated with Israel, resulting in legal uncertainty and ambiguity about the halal status of these products and whether they will be accepted for halal certification. There are no derivative regulations regarding the halal certification status of products affiliated with Israel, leading to differing interpretations among halal support institutions. One institution includes products affiliated with Israel on a list of products deemed unfit for certification, while another considers them eligible for certification.