FSH Theater, UIN News Online – Faculty of Shari’a and Law (FSH) UIN Jakarta organizes Technical Guidance on Fatwa Compilation in cooperation with Indonesian Council of Fatwa in second floor Theater of FSH Building, Tuesday (03/10/2017). The event was opened by the Vice Dean of FSH for Student Affairs and Alumni Dr Yayan Sofyan MA presented two speakers which are MUI Fatwa Commission Center Dr. KH Abdul Halim and FSH UIN Jakarta Faculty Dr Soffa M.Ag.
In his speech, Yayan explained that this activity is intended for students and FSH students who have attended the lecture up to semester VII. The objective is to technically train how FSH graduates of UIN Jakarta will be able to compose a shohih fatwa, based on Al-Quran and Hadith.
“This activity is divided into several sessions, there are introductory session session on fatwa and MUI, material of law istinbath in fatwa determination, and others related to fatwa based on sharia and law, and MUI,” said Yayan.
On the other hand, Halim said if the position of MUI with its fatwa is equivalent to the position of opinion of jurists, languages, and religions. Strictly speaking, the MUI fatwa is an opinion because it is not a positive law and is not binding. “Therefore, the nature of MUI Fatwa does not have the force of law as positive law in general,” he said.
Halim gave out an example that related to the criminal law, MUI Fatwa cannot become a legal instrument that becomes the basis of a law enforcement effort (such as sweeping) or the basis of the imposition of criminal sanctions.
Soffa added, MUI Fatwa material cannot be adopted into the form of law or local regulations. Because the content of the fatwa is an opinion that is not legally binding, cannot be applied forcefully, let alone be the sole basis of the imposition of criminal sanctions. (usa)