Sakaria
Universitas Hasanuddin, Indonesia

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Fatwa and Maisir (Gambling): The Construction of Masculinity in Cockfighting Practices in Bulukumba Regency A. Aidil Fitri; Sakaria; Nuvida Raf; Muhammad Iqbal; Ahmad Arham Mallu
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 2 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v5i2.146

Abstract

Fatwa institutions in Muslim countries have long prohibited maisir (gambling), yet resistance to these fatwas persists, particularly when the practice is deeply embedded in local culture. This article examines the fatwa on maisir issued by the Indonesian Council of Ulama (MUI) and its reception in cockfighting practices in Kindang Village, Bulukumba Regency. It analyzes how the fatwa is produced, understood, negotiated, and applied within the Bugis-Makassar community, and why its influence on local practice remains limited, particularly as social norms such as siri’ na pacce, masculinity, and ‘urf shape acceptance of and resistance to fatwa authority. The study employs a qualitative case study design, drawing on in-depth interviews with local ulama and MUI members, participatory observation, and analysis of fatwa documents. Data were analyzed using Miles and Huberman's interactive model with source and method triangulation. The analysis is grounded in uṣūl al-fiqh, maqāṣid al-sharī‘ah, and the concept of fatwa authority, supported by sociological perspectives on social practice and masculinity. The findings reveal four points. First, cockfighting contains elements of maisir and is therefore ḥarām according to QS. Al-Mā'idah: 90, ḥadīth, and the MUI fatwa. Second, masculinity in cockfighting is constructed through kewasaktian, controlled bravery, and communal honor (siri’ na pacce), which shape how the fatwa is received and contested. Third, the limited influence of the fatwa stems from inadequate socialization, its predominantly normative character, and the absence of enforcement mechanisms. Fourth, cockfighting constitutes ‘urf fāsid and undermines ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-māl. This study contributes a socio-legal framework for understanding resistance to fatwa by integrating maqāṣid al-sharī‘ah with masculinity theory. It offers implications for strengthening fatwa authority and socialization, and recommends contextual and participatory da‘wah approaches.