ETIKA BERFATWA DALAM MASYARAKAT MAJEMUK (STUDI TERHADAP FATWA MAJELIS ULAMA INDONESIA [MUI] PASCA ORDE BARU)

Qomarul Huda, NIM.: 08.31.660/S3 (2018) ETIKA BERFATWA DALAM MASYARAKAT MAJEMUK (STUDI TERHADAP FATWA MAJELIS ULAMA INDONESIA [MUI] PASCA ORDE BARU). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study attempted to examine the fatwas set by the Indonesian Council of Ulama or Majelis Ulama Indonesia (MUI), especially Post-New Order, in particular related to the principles of ethical behavior built by Khaled M. Abou El Fadl, i.e., the principle of honesty, sincerity, wholesomeness, rationality, and self-control. Those ethical principles were used as a signal for a mufti to set his fatwa in order to not fall into authoritarianism (authoritarian attitudes) which could cause a fatwa to lose its authority. In addition, this study also examined the extent to which the fatwa authority levels established by the MUI related to these ethical principles in the context of pluralistic societies in Indonesia. This paper was a library research with a type of qualitative approach that sought to assess from various academic points of view. Data collection was done by literature review techniques in the form of books, journals or related articles with the theme of discussion. Using these principles, the study found that the three fatwas by MUI in Post-New Order, especially in the early of 2000, were considered to violate the above ethical principles. The three fatwas were the fatwa prohibiting Ahmadiyah teachings; religious pluralism, liberalism and secularism; and marriage of different religions. In the fatwa of the Ahmadiyah ban, MUI was considered to violate the principle of self-control, because as a non-structural institution, the MUI had exceeded its authority by obliging the government to implement the fatwa of the Ahmadiyah ban. In the fatwa ban on religious pluralism, liberalism, and secularism, the MUI was deemed not to fulfill the principle of honesty and wholesomeness in presenting data about the concepts and definitions of the three terms. In the religious marriage fatwa, MUI did not fulfill the principle of honesty in expressing the opinions of scholars and commentators on the law of different religious marriages. For the fatwa on halal certification and sharia economy (DSN), MUI was considered not to meet the principle of self-control and honesty, because it was considered to have exceeded the limits of authority and have hidden interests. Moreover, MUI was not a state institution but wanted to monopolize two areas related to public interest. The fatwas of the halal certification and the DSN were also considered to have strong authority in the Muslim community, since the fatwas were supported by the government or law regulations and relatively no controversy in the community. This was in contrast to the Ahmadiyah ban, the prohibition of religious pluralism, liberalism and secularism, and the marriage of different religions that did not have enough authority due to being opposed by some layers of Indonesian Muslim society.

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