Jurnal Litigasi Amsir
Vol 12 No 2 (2025): Februari

The Legal Status of MUI Fatwas within the Indonesian Legal System

Wiwin, Wiwin (Unknown)



Article Info

Publish Date
03 Aug 2025

Abstract

This study examines the legal status of fatwas issued by the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) within Indonesia’s regulatory system. The research aims to identify the legal position of MUI fatwas in the Indonesian legal hierarchy and to analyze their juridical nature within the national legal framework. Employing normative legal research methods, this study adopts a statute-based and analytical approach, focusing on statutory regulations, legal doctrines, and relevant legal theories. The findings indicate that MUI fatwas do not constitute formal legislation and thus lack general binding legal force, as they are not issued by state-authorized bodies nor do they fulfill the formal requirements of written law. Nevertheless, MUI fatwas retain significant value as material legal sources and interpretive guidance, particularly for Indonesian Muslims and institutions such as Religious Courts. The nature of MUI fatwas is that of internal religious opinions non binding and applicable only to those who recognize the moral or religious authority of the MUI. Therefore, MUI fatwas are persuasive and moral-religious in character, rather than coercive like state enacted positive law.

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...