PROSEDUR FATWA DSN

Summary

This presentation explains the fatwa issuance process by the Dewan Syariah Nasional (DSN) and Majelis Ulama Indonesia (MUI). It highlights how fatwas are collaboratively developed by experts in Islamic economics and law using ijtihad based on the Quran, Hadith, and other valid sources. The process is responsive, addressing societal needs and issues such as online commerce. Differences in scholarly opinions are reconciled through methods like ajma' al-taufiq or tarjih. The speaker provides an example of a fatwa on online shopping, illustrating how modern issues are addressed through Islamic legal principles.

Takeaways

• 😀 The process of fatwa issuance at DSN-MUI involves a collective effort by scholars and experts in fields like Islamic economics and muamalat fiqh to provide a well-rounded, authoritative decision.
• 😀 Fatwa decisions are derived from the Qur'an, Hadith, Ijma', Qiyas, and other strong legal arguments, ensuring they are grounded in authentic Islamic principles.
• 😀 The fatwa process is responsive, meaning it addresses current societal issues in a proactive and anticipatory manner to prevent future problems.
• 😀 One of the key methods for issuing fatwas is using the concept of Maslahah (public interest), considering both social impacts (macro and micro) and legal perspectives.
• 😀 When scholars disagree, a fatwa is based on a reconciliation of differing opinions through the method of At-Tawfiq (harmonization), aiming to select the strongest argument.
• 😀 In cases where the difference in opinions remains unresolved, the fatwa may use the principle of Tarjih (preference) to select the most convincing legal opinion.
• 😀 Fatwas also rely on scholarly consensus and historical rulings when there is no direct evidence from the Qur'an or Hadith to resolve an issue.
• 😀 Fatwa DSN-MUI emphasizes the use of valid and strong proofs (dalil) from sources like Qur'an and Hadith to ensure the legitimacy and strength of the fatwa.
• 😀 When issuing fatwas, DSN-MUI considers general public welfare and the Maqasid Shariah (higher objectives of Islamic law), ensuring the fatwa serves the broader interest of society.
• 😀 Fatwa texts typically include the legal reasoning (diktum) and clearly define the terms, scope, and rules applicable to the specific issue at hand, such as online transactions in the case of e-commerce.
• 😀 The fatwa process also takes into account the operational realities of modern issues, such as online shopping, by determining if current practices align with Shariah principles and identifying necessary guidelines.

Q & A

What is the role of DSN and MUI in issuing fatwas?

DSN (Dewan Syariah Nasional) and MUI (Majelis Ulama Indonesia) issue fatwas by gathering scholars and experts in Islamic economics and fiqh muamalah to perform ijtihad, a process of reasoning and legal decision-making based on Islamic principles. The fatwas are issued collectively after a meeting, where they consider social impacts, legal principles, and relevant Islamic sources such as the Quran and Hadith.

How is the process of issuing a fatwa described?

The process of issuing a fatwa is described as responsive and anticipatory, addressing current societal issues. The fatwa is based on an analysis of the problem, its social impacts (both macro and micro), and its alignment with Islamic law. Fatwas are then developed through collective deliberations, considering various scholarly opinions and using Islamic legal principles.

What are the key methods used in fatwa issuance?

The key methods include Tasawuran Maslahah (considering societal benefits), analysis of legal issues, review of relevant academic articles, and consideration of previous fatwas. If there are disagreements between scholars, the fatwa is developed using a method of reconciliation (Al-Taufiq) or, if necessary, through a comparison of different opinions (Tarjih), selecting the stronger argument based on Islamic jurisprudence.

How does the DSN MUI handle disagreements among scholars when issuing a fatwa?

If there are disagreements among scholars, the fatwa is developed through a method of reconciliation (Al-Taufiq) or, if no consensus is reached, by comparing the strengths of the opposing opinions using Islamic legal principles (Tarjih). The fatwa will then take the more efficient and contextually relevant opinion, ensuring that the final ruling is consistent with the broader goals of Islamic law.

What is the concept of 'Maslahah' in fatwa issuance?

Maslahah refers to the societal benefit or welfare that is considered when issuing a fatwa. This includes evaluating the social, economic, and ethical impacts of the issue at hand, and ensuring that the solution aligns with the larger goals of Islamic law, such as public welfare and justice.

What happens when a fatwa does not have clear evidence from the Quran or Hadith?

When a fatwa is issued on a topic that does not have clear guidance from the Quran or Hadith, the scholars look for guidance from collective reasoning (Ijma) or previous fatwas. They may also use legal analogies (Qiyas) or resort to broader principles like Istihsan (juridical preference) or Saddu Zariah (blocking the means to harm).

What is the significance of the 'Menimbang' (consideration) section in a fatwa?

The 'Menimbang' section of a fatwa provides the background, rationale, and urgency for issuing the fatwa. It outlines the social, legal, and economic factors that led to the fatwa's formulation, ensuring that the fatwa addresses current issues in society, such as emerging challenges in business practices like online shopping.

How does DSN MUI approach modern issues like online shopping in their fatwa?

The DSN MUI issued a fatwa on online shopping in 2021 because at the time, there were no clear Shariah guidelines on transactions through online platforms. The fatwa addressed the legal aspects of e-commerce, emphasizing the importance of transparency, clarity in transactions, and ensuring that no deceptive practices (Tadlis) occur in online trade.

What is the process for issuing a fatwa on an issue like online shopping?

The fatwa process for issues like online shopping involves evaluating the social impact, the legal framework, and the absence of clear Islamic guidelines. DSN MUI considered the widespread use of e-commerce platforms, assessed potential Shariah violations, and eventually issued a fatwa detailing the permissible conditions for online transactions, such as ensuring clear terms and preventing fraud.

How are fatwas issued in terms of formal structure?

Fatwas are issued in a structured format, starting with a preamble that includes the Bismillah, followed by a consideration (Menimbang) section outlining the issue and rationale. Then, the fatwa outlines the legal basis (Dalil) using Quranic verses and Hadith, followed by scholarly opinions, and concludes with the legal decision (Diktum), which includes recommendations and rulings on the issue.