IDEOLOGI NEOLIBERALISME DAN POPULISME DALAM FATWA-FATWA EKONOMI MAJELIS ULAMA INDONESIA (MUI) TAHUN 1990-2005

MUH NURSALIM, MAG, NIM. 01300009 (2015) IDEOLOGI NEOLIBERALISME DAN POPULISME DALAM FATWA-FATWA EKONOMI MAJELIS ULAMA INDONESIA (MUI) TAHUN 1990-2005. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the 1990s Islamic economics began to rise in Indonesia characterized by the establishment of Muamalat Bank. To strengthen aspects of sharia, council of Ulama Indonesia (MUI) formed the National Sharia Board (DSN). With the presence of DSN, there were three types of fatwa issued by MUI, ie, Halal (kosher) fatwa, fatwa from the MUI fatwa commission, and fatwa of DSN. At the same time, the direction of the Indonesian economy tended toward neoliberal marked with the approval of the free market at the APEC summit in Bogor in 1994. Based on the facts that simultaneously occurred, this study examined the direction of the economic ideology of the MUI fatwas related to the economy. This study was a normative legal research. The data were obtained from books of MUI fatwa collection, MUI DSN fatwa collection and Indonesia Halal Product List. The analysis used was three, namely 1) critical analysis of Roberto Mangabiare Unger that reviewed not only laws which were not merely in objective-formal ways but criticized socially to ultimately find their ideological alignments. This analysis technique was in line with legal thought of Louay Safi „an integrated approach to Islamic law and social inference‟; 2) comparing with similar fatwa from another fatwa institution both domestic and overseas; and 3) analysis of maqa>s}id asy- syari>’ah. Because MUI fatwa associated with economy consisted of 2,724 pieces, not all of them were discussed. The first step was grouping according to the tendency of ideology and the second step was the sample taken from each group to be studied. To determine the criteria fatwa tending to ideology of neoliberalism used Mansur Fakih criteria on elements of neoliberalism, while populism criteria used the characteristic parameters of populism by F. Wahono, and the criteria not included in both categories were put into neutral ideology group. This study found that the majority of the economic ideology characters associated with the MUI fatwa was neutral economy by 87.4%, while those indicated to the economic ideology of neoliberalism were 12.4% and those indicated to the economic ideology of populism was 0.2%. Impregnation of economic ideology of neoliberalism and populism was seen in the preamble and when the issuance of the fatwa. The factors that caused impregnation of economic ideology of neoliberalism and populism in the MUI fatwa related to the economy were that because the MUI Fatwa Commission only used the criteria of halal-haram in substance in the case of foods, beverages, pharmaceuticals and cosmetics, without considering other impacts, eg, health, environment and national interests. As for the fatwas related to Sharia business of DSN, MUI only examined aspects of contracts to avoid riba (usury), garar, tadlis and gambling. In addition, MUI also used hilah to get out of the status of usury. This research is expected to contribute to the project of science Islamization, especially economy.

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