The Urgency of Cultural Tradition Approaches (‘URF) in Determining Fatwasof the Indonesian Ulema Council (MUI)

  • Alamsyah, Siti Mahmudah

Abstract

Local custom or ‘urf is one of the various aspects that should be kept by the indonesian ulema of fatwa. This article uses cualitative as an approach in determining fatwas of the MUI in the religious and social-cultural field. The MUI in determining fatwas should be based on the principles of prevention (dar'ul mafasid) and caution, which in Islamic law theory is known as the sadduz zari'ah’s method. The method used in tends to be rigid, causing several fatwa law of the MUI not to have a strong argumentation base lack of benefits, irrelevant to scientific and technological progress, and may even cause disharmony in national and state lives. While, the MUI in determining fatwashould bebased on the principles of prevention (dar'ul mafasid) and caution (ihtiyathi), which in Islamic theory is known as the sadduz zari'ah’s method. The method that tends to be rigid, causing several fatwa from the MUI to not have a strong argumentation base, lack of maslahat, irrelevant to scientific and technological progress, and may even cause disharmony in national and state lives. Fatwas that have the potential to cause disharmony are prohibitions on using non-Muslim religious attributes and MUI’s fatwa in East Java which forbids cross-religious greetings.

Published
2020-06-04