Discourse on Fatwa in Contemporary Indonesia: Between Legal Opinion and Legal Binding

Abstract

This paper examines the position of fatwas in Indonesia. The study is since fatwas hold an important role in the social and political life of Indonesia. Using a socio-legal approach, this study finds that fatwas in Indonesia have undergone an interesting development process, evolving from being merely the legal opinions of religious scholars to gaining formal legal recognition as a source of legislation. Despite facing many challenges, this shift in position has gradually occurred, starting in the field of Islamic economics. This reality is influenced by two factors: First, ideologically, Indonesia is a country based on the belief in the One and Only God, where the Jakarta Charter is recognized as the spirit of Pancasila, and the practice of religion is protected by the state. Second, sociologically, Islamic teachings have become a living law that is practiced by society at large. Based on the theory of Living Law, fatwas evolve along with social dynamics and serve as a response to the legal needs of society, reflecting the law that lives within it. As a product of the ijtihad of scholars, fatwas have a significant impact on various aspects of life, including creed, worship, and contemporary social issues. Particularly in the context of Indonesia, fatwas issued by institutions such as the Indonesian Ulema Council (MUI) play a role in shaping public policies and regulations related to Islamic economics, demonstrating the interaction between religious norms and state law.