Parewa Saraq: Journal of Islamic Law and Fatwa Review

Reassessing Maslahah in Islamic Legal Adaptation

2025-07-04T09:32:11+07:00

The purpose of this study is to reassess the application of the maslahah (public interest) framework in a minority Muslim setting, specifically through an analysis of the 2023 MUI South Sulawesi Fatwa (No. 003) regarding the permissibility of selling crops for pig feed in Toraja. By examining this fatwa, the study aims to contribute to the broader discourse on how Islamic legal reasoning adapts within pluralistic and socio-economically diverse contexts. The research employs a qualitative methodology that combines library research and field study. The library research encompasses Islamic legal sources, previous fatwas, and scholarly literature on maslahah (public interest) and transactions involving prohibited elements in Islam. The field study complements this with interviews involving MUI South Sulawesi scholars and Muslim community members in Toraja, providing insights into both the rationale behind the fatwa and the community’s reception. The findings demonstrate that the fatwa represents a shift from the conventional reliance on blocking the sadd al-dharī‘ah (means to harm) toward a more pragmatic application of maslahah (public interest) and istihsān (juridical preference). By allowing the sale of crops for pig feed, the fatwa acknowledges the socio-economic realities faced by minority Muslims in Toraja and highlights the adaptability of Islamic law in non-majority settings. The originality of this study lies in situating the fatwa within the lived experiences of minority Muslims, showing how maslahah (public interest) functions beyond abstract legal theorization. The implications extend to the development of a more contextual and responsive Islamic jurisprudence that remains relevant to diverse Muslim communities navigating pluralistic societies.

Deauthorizing Fatwa on Money Politics

2025-11-18T20:04:32+07:00

The recurring phenomenon of money politics in every electoral contest in Indonesia reflects a persistent tension between religious moral authority and electoral political rationality. Although Nahdlatul Ulama (NU), Muhammadiyah, and the Indonesian Ulema Council (MUI) have issued fatwas forbidding money politics as a form of risywah (bribery) that contradicts Islamic principles of justice and trustworthiness, the practice continues to flourish at the grassroots level. This research departs from a central question: why is the fatwa on money politics issued by major Islamic institutions in Indonesia ineffective in shaping the political behavior of the ummah in the Reformasi era? Using a qualitative method framed within the sociology of fatwas and the politics of Islamic law a combined analytical lens that examines fatwas as both normative-legal texts and socio-political instruments, this study analyzes fatwa documents, organizational publications, and elite as well as community responses to the practice of money politics. The findings reveal a process of deauthorization of fatwas, namely the weakening of religious moral authority under the growing dominance of transactional democratic logic and pragmatic electoral rationality. Fatwas function more as symbolic moral references than as effective instruments capable of transforming political behavior. These findings highlight the need to reorient religious authority from a purely normative approach toward an ethical-political praxis that is more responsive to contemporary socio-political realities. The study contributes theoretically by expanding the understanding of the relationship between religion and politics in Indonesia and by enriching scholarly discussions on the effectiveness of fatwas within the modern democratic sphere.

Digital Transformation of Fatwa Authorities

2025-11-18T20:03:03+07:00

This study examines the transformation of the fatwa methodology of three major Islamic institutions in Indonesia, namely the Indonesian Ulema Council (MUI), Bahtsul Masā'il Nahdlatul Ulama (NU), and the Tarjih and Tajdid Council of Muhammadiyah in responding to digital transformation through the maqāṣid al-sharī'ah approach. This study uses a qualitative method based on a literature review of fatwas, institutional documents, and the latest academic literature on the epistemology of Islamic law in the digital era. The results of the analysis show that the three have different but complementary epistemological characteristics. The MUI presents an institutional maqāṣidī approach with a regulatory orientation, while NU maintains a model of ijtihād jamā'ī based on classical scientific traditions with a communitarian character. while Muhammadiyah develops an integrative rational framework through the bayānī, burhānī, 'irfānī model that is adaptive to developments in science and technology. In the context of digitalization, all three face the same challenge, namely maintaining scientific authority and the credibility of fatwas amid the proliferation of algorithms and religious content. However, this study emphasizes that the integration of maqāṣid al-sharī'ah values is key to balancing the authenticity of Islamic law and the demands of digital modernity. Therefore, the future direction of fatwa development should not only focus on the digitization of information systems, but also on the reconstruction of epistemological ijtihad towards a responsive digital maqāṣidī fiqh.

Fatwa and Virtual Reality

2025-12-15T21:02:59+07:00

This study aims to explore the relevance of Maqāṣid al-Sharīʿah in facing the challenges and opportunities presented by the Metaverse, as well as offering an adaptive Islamic legal framework for the virtual world. In an increasingly complex digital era, challenges such as the spread of false information, identity manipulation, digital addiction, economic exploitation, and negative impacts on family relationships have become major issues that require a Shariah-based approach. This study uses a literature analysis method by reviewing previous relevant and in-depth research on Maqāṣid al-Sharīʿah, digital technology, and contemporary issues in the Metaverse. The results show that Maqāṣid al-Sharīʿah can be flexibly applied in five main dimensions: protection of religion (al-dīn), life (al-nafs), reason (al-‘aql), offspring (al-nasl), and property (al-māl). Protection of religion includes the development of virtual spaces that support interactive education and da'wah. The protection of life includes the psychological well-being of technology users through moderation and digital literacy. The protection of reason emphasises the importance of information verification to prevent hoaxes and manipulation. The protection of offspring focuses on Islamic-based platforms to support children's education and strengthen family values. The protection of property highlights the need for Shariah regulation in digital economic transactions to ensure fairness and transparency. This study concludes that Maqāṣid al-Sharīʿah is not only relevant but also capable of becoming an ethical and normative foundation for creating an ethical, inclusive Metaverse ecosystem that is in line with Islamic values. This study also opens up opportunities for further study on the practical implementation of Islamic law in the virtual world.

Fiqh al-Bī’ah and Mining Concessions

2025-09-30T20:31:53+07:00

This study examines the responses of Nahdlatul Ulama (NU) and Muhammadiyah to Government Regulation Number 25 of 2024, which grants mining concession permits to Islamic community organizations, by employing the perspective of fiqh al-bī’ah (Islamic environmental jurisprudence). Using a descriptive qualitative method with a literature-based approach, the research analyzes primary data in the form of official statements and fatwas issued by NU and Muhammadiyah, as well as secondary data from academic literature, policy documents, and studies on mining governance and environmental ethics. The findings reveal that both organizations accept the mining concession policy conditionally, emphasizing the readiness of human resources, institutional capacity, and a strong commitment to environmental protection as fundamental requirements. Their responses consistently underline that mining activities must adhere to the principles of fiqh al-bī’ah, particularly environmental stewardship, social justice, and the pursuit of public welfare (maṣlaḥah). The originality of this study lies in its integration of Islamic environmental jurisprudence with public policy analysis to assess the role of religious mass organizations in extractive industry governance. The study implies that Islamic organizations can function as moral and ethical agents in promoting environmentally responsible mining practices, while also highlighting the importance of embedding Islamic environmental values within natural resource management policies in Indonesia.