IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah
Vol. 4 No. 1 (2025): Volume 4 Nomor 1 Tahun 2025

Peran Fatwa dalam Menyusun Qanun: Tinjauan Fiqh dan Implikasinya dalam Praktik Hukum

Ratnasari, Ai Reni (Unknown)
Fakhry Fadhil (Unknown)



Article Info

Publish Date
16 Apr 2025

Abstract

The main issue in this study is how the role of fatwa in the process of drafting qanun, as well as its implications in legal practice, especially in the context of the relationship between fiqh, fatwa, and qanun. The purpose of this study is to analyze the interaction between fiqh, fatwa, and qanun in the Islamic legal system, as well as to explore how fatwa can influence legal policies in line with Islamic principles. The research method used is a qualitative approach through literature study analysis and case studies, focusing on the application of fatwa in qanun, particularly in Indonesia. The main results achieved show that fiqh provides the basis for issuing practical fatwas, which then become the basis for drafting qanuns. Although fatwas are not legally binding, they have an important role in shaping public policy, influencing social norms, and providing legitimacy to legislation based on Islamic principles, as seen in MUI fatwas related to zakat and halal products. However, the implementation of fatwa in qanun faces major challenges, such as constitutionality, public acceptance, and the low level of fatwa socialization. 

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Journal Info

Abbrev

JI

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

JThis journal focused on Islamic law on economics and finance studies and present developments through the publication of articles. Specifically, the journal will deal with topics, including but not limited to Islamic law on Islamic Banking, Islamic Marketing, Islamic Human Resources, Islamic ...