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, Yuliatin Yuliatin, Naziro Naziro — Sun, 02 Jun 2024 00:00:00 +0000

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, Azlan Thamrin — Wed, 05 Jun 2024 00:00:00 +0000

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, Natangsa Surbakti, Muchamad Iksan — Sun, 09 Jun 2024 00:00:00 +0000

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.