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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pengabdian Kepada Masyarakat Indonesia
Muhamad Habib
Fakultas Hukum Dan Bisnis, Universitas Duta Bangsa Surakarta
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Binding Authority of DSN-MUI Fatwas in the National Legal System: An Analysis from the Perspective of Islamic Law and Legislative Theory Karimuddin Abdullah Lawang; Zulfikri Zulfikri; Hadi Peristiwo; La Hanuddin; Nurdianasari Nurdin; Muhamad Habib
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6633

Abstract

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) plays a central role in shaping the principles of Islamic economic law in Indonesia through its fatwas. These fatwas serve as primary references in the practices of Islamic financial institutions. However, the legal status of DSN-MUI fatwas within national legislation remains a subject of debate, particularly regarding their binding authority. This article aims to analyze the position of DSN-MUI fatwas from the perspective of Islamic law and legislative theory within the national legal system. This study employs a qualitative method with a normative and literature-based approach, examining various legal regulations and legal theories. The findings indicate that in Islamic law, fatwas are not absolutely binding unless institutionalized by an official authority. In the national context, DSN-MUI fatwas attain functional binding power as they are used as references in regulatory frameworks by Bank Indonesia, the Financial Services Authority (OJK), and Islamic financial institutions. Although these fatwas do not possess formal legal authority within the hierarchy of national legislation, they have become part of the living law that is internalized in national economic legal practices. Therefore, normative reinforcement is needed through explicit recognition in sectoral regulations to prevent legal vacuums. This study recommends the codification of DSN-MUI fatwas into derivative regulations to enhance their juridical legitimacy in supporting a just and legally certain Islamic economic legal system.
Sosialisasi Silaturahmi Pada Acara Halal Bi Halal Puput Mulyono; Muhamad Habib
Jurnal Pengabdian kepada Masyarakat Indonesia (JPKMI) Vol. 5 No. 1 (2025): April : Jurnal Pengabdian Kepada Masyarakat Indonesia (JPKMI)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jpkmi.v5i1.5681

Abstract

This community service journal article discusses the practice of silaturahmi (social bonding) and the tradition of halal bi halal within Javanese society as part of the Eid al-Fitr celebration. These traditions represent a unique form of integration between Islamic values and longstanding local customs. Using Robert Redfield's theoretical framework of great tradition and little tradition, this article highlights how Islam, as a great tradition, did not replace local cultures, but instead blended harmoniously with the little traditions of the Javanese people. Eid al-Fitr in Java is celebrated with an atmosphere of joy, festivity, and togetherness—often perceived as more vibrant than in Islam’s place of origin. This distinctiveness stems from the culturally sensitive approach of early Islamic scholars and missionaries in Java, who avoided imposing radical changes on local traditions. Instead, they subtly and wisely revived ancient customs by integrating them with Islamic teachings. One notable outcome of this approach is the tradition of halal bi halal, a social innovation that has become a key cultural institution during Eid. It strengthens social bonds, reconnects families and communities, and serves as a medium for reconciliation. Through this lens, the article illustrates how the cultural and religious fusion can foster harmony and enrich religious practices without losing local identity. These findings offer meaningful insights for promoting tolerance and inclusivity in a pluralistic society.
Co-Authors Hadi Peristiwo Karimuddin Abdullah Lawang La Hanuddin Nurdianasari Nurdin Puput Mulyono Zulfikri Zulfikri