%A NIM.: 23203011125 Nabil Nizam
%O Prof. Dr. H. Kamsi, M.A.
%T DEKONSTRUKSI ANALISIS DAMPAK PEMFATWAAN MAJELIS ULAMA INDONESIA DI BIDANG POLITIK DAN KETATANEGARAAN ERA REFORMASI
%X The fatwas of the Indonesian Ulema Council (MUI), as products of Islamic
law, play a significant role in the Indonesian national legal system, especially given
the country's Muslim-majority population. However, MUI fatwas in the political
and state administration sectors during the reform era have shown disharmony with
existing legal regulations. The fundamental difference lies in the underlying
considerations; legal regulations are based on academic drafts with juridical,
sociological, and philosophical impact analyses, while MUI fatwas are formulated
based on comprehensive studies of fuqaha̅
’ and scholars without a standardized
format. This disharmony is evident in fatwas related to gender reassignment and the
use of voting rights in general elections, which often overlook the state's obligation
to protect citizens' rights.
This research employs a deconstruction approach to the impact analysis
design of MUI fatwas, utilizing the theoretical frameworks of Taqni̅n al-Aḥka̅ m Ibn
al-Muqaffa’, Critical Legal Studies, and Regulatory Impact Analysis. The research
type is normative legal research with a descriptive-analytical nature. The
approaches used include statutory, conceptual, and case approaches. Data sources
comprise primary, secondary, and tertiary legal materials, collected through
document studies and analyzed descriptively-qualitatively.
The research findings indicate that the ratio legis of MUI fatwas in politics
and state administration from 1998-2024, viewed through the lens of Taqni̅n al-
Aḥka̅ m Ibn al-Muqaffa’, reveals diverse patterns of emergence and objectives, yet
often lacks comprehensive integration with the national legal system. The
mechanism of fatwa formation, analyzed using Regulatory Impact Analysis and
Critical Legal Studies, highlights the need for reformulation to achieve harmony.
Therefore, a reformulation of the impact analysis design for MUI fatwas is
proposed, involving the revitalization of the Ma’a̅
la̅
t al-Af ’a̅
l framework and the
modernization of its convergence with Regulatory Impact Analysis, alongside the
practical reformulation of comprehensive MUI fatwa studies.
%K Fatwa MUI, Dekonstruksi, Politik, Ketatanegaraan
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib77221