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Muammar Bakry
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Majelis Ulama Indonesia Provinsi Sulawesi Selatan Jl. Masjid Raya, Bontoala, Kota Makassar, Sulawesi Selatan, 90156 |
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Parewa Saraq: Journal of Islamic Law and Fatwa Review
Published by Majelis Ulama Indonesia Provinsi Sulawesi Selatan
ISSN : -     EISSN : 29647878     DOI : https://doi.org/10.64016/parewasaraq.v4i1.30
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Parewa Saraq: Journal of Islamic Law and Fatwa Review is a double-blind peer-reviewed journal published by Majelis Ulama Indonesia South Sulawesi Province. The journal publishes research articles, conceptual articles, and book reviews of Islamic law and fatwa review (See Focus and Scope). The articles of this journal are published bi-annually; May and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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The Freedom to Use Social Media in Children from the Contemporary Ulema Perspective: A Case Study in Barru Regency, South Sulawesi Zulhas'ari Mustafa; Rikawati Rikawati
PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW Vol. 1 No. 1 (2022): 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.v1i1.2

Abstract

This study’s main problem was the perspective of contemporary fiqh scholars on the freedom to use social media in children. A qualitative method was adopted using a normative sociological approach, and data were collected through observation, interviews, and documentation. Furthermore, the interviewees consist of children and their parents in Tanete Riaja District, Barru Regency. The results showed that children in Tanete Riaja District, Barru Regency had many positive impacts when viewed from the perspective of contemporary fiqh scholars, including assisting in obtaining information for learning and doing group assignments. There were also negative impacts, such as children’s addiction to social media, eye health problems, and others. As an implication of this study, it is hoped that children can be wiser in using social media. Additionally, parents can supervise their children properly when using social media.
SMS Quizzes with Prizes in the Mass Media: An Analysis of the Indonesian Ulema Council Fatwa Number 9 of 2008 Fadhli Nur; Mulham Jaki Asti
PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW Vol. 1 No. 1 (2022): 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.v1i1.3

Abstract

This study analyzed Indonesian Ulema Council (MUI) fatwa number 9 of 2008 to explore the legality of SMS quizzes with prizes in the mass media. It aims to describe and analyze the law of SMS quizzes with prizes. The library study was adopted, which is the method of collecting data through libraries, books, reading, taking notes, and processing materials. According to the results, the MUI fatwa method in formulating the law of the SMS quizzes with prizes was based on the book of Allah and did not conflict with the benefit of the people. This is evident by the majority of the legal precedents used to formulate the law on the prohibition of these SMS quizzes with prizes referring to the Qur’an. In this case, its form is already included in the prohibited game because there was an element of gambling. When analyzed from the perspective of Uşūl Fiqh, it was included in the sadd al-żarī'ah rules. The prohibition was based on the arguments of the Qur’an, in which some verses explained the prohibition of gambling. Therefore, the decision to ban the game was an appropriate step because there were indications of gambling in the procedure, which negatively impacted society. A follow-up from the government is needed because the MUI has set prohibitions on the game, which contain gambling elements and are very detrimental to the community.
The Implications of Post-Pandemic Religious Life Through the Indonesian Ulema Council Fatwa Concerning Covid-19: A Case Study of the Moslem Community in Makassar Achmad Musyahid; Halim Bahri Darwis; Sulfianti Sulfianti
PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW Vol. 1 No. 1 (2022): 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.v1i1.4

Abstract

This study examined the conditions of religious life in Manggala District during and after the pandemic, especially in worship, as well as the community’s response to the fatwa issued by the Indonesian Ulema Council concerning Covid-19. A qualitative field study was adopted with an interview technique. The primary data were interviews with the Manggala District community, and the secondary included literature, books, journals, and scientific works related to this study. The results showed that the condition of the Manggala District community during Covid-19 in religious matters was significantly impacted and underwent drastic changes, including the implementation of Friday and congregational prayers and the non-observance of Eid al-Fitr and Eid prayers. The worship condition of the people after the pandemic was operating properly and could be implemented as stipulated in Islamic law. Furthermore, there were differences in attitudes among the community. Some agreed, and others disagreed with the issuance of the MUI fatwa on Covid-19 according to their respective reasons.
An Evaluation of Marriage Dowry Using Digital Money from the Perspective of the Four Madhhabs Wijaya, Abdi; Riskah
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 1 (2022): 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.v1i1.5

Abstract

This study aims to determine the position of the four madhhabs and understand their point regarding giving dowry using digital money. The library study method was adopted with a comparative approach. Based on the arguments mentioned by the al-Shafi’i madhhab, giving a dowry using digital money can be used or valid, inasmuch as the contract is in accordance with existing provisions. Therefore, the provision of dowry using digital money is still an agreement between the parties concerned. In this contemporary era, everything will shift to the world of technology or digital, and all possibilities will occur, including the transformation of purchasing and selling tools into digital money. The madhhab priest explains that it is permissible and legal, insofar as it does not deprive him of the rights and obligations in the dowry.
Istiḥālah and Ḍarūrah Theory Approach to the Law on the Use of Vaccines for Astrazeneca Products Abdul Wahid Haddade; Khaerul Anam; Khaerul Anwar
PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW Vol. 1 No. 1 (2022): 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.v1i1.6

Abstract

This study aims to describe and analyze the legal review of istiḥālah and ḍarūrah on the Indonesian Ulema Council Fatwa Number 14 of 2021 concerning the use of the AstraZeneca vaccine. A library study was conducted on some literature using a qualitative descriptive approach. The results showed that the limited supply of vaccines hindered the success of vaccination. Furthermore, the insufficient availability of the lawful and holy Covid-19 vaccine was also a problem encountered, hence the Fatwa Commission of the Indonesian Ulema Council (MUI) issued fatwa Number 14 of 2021. The Central MUI decision allowed the use of the AstraZeneca vaccine based on emergency conditions. They used the rules of istiḥālah and istiḥlāk narrowly and were not enforced because the Astrazeneca vaccine was not made from pork but used pork-derived ingredients. Furthermore, the fatwa was determined using the istinbāţ rules used as guidelines, which included three methods, namely, the bayānī, ta’līlī, and istilahsi. The adopted methodology in issuing this fatwa was the istişlaḥī method or maşlaḥah mursalah. Regarding the Astrazenecase vaccine, the final decision was the same and allowed. However, according to the Central MUI, the permissibility of the Astrazeneca vaccine was an emergency.
Formulation of Iḥdād Rights for Career Women in Counter Legal Draft Compilation of Islamic Law Sohrah; Ridwan, M. Saleh; Musrianaa
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 2 (2022): 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.v1i2.8

Abstract

This study aims to analyze and formulate applicable ihdad rights for career women within the framework of the Counter Legal Draft Compilation of Islamic Law. Counter Legal Draft KHI is a legal product of Islamic law reform in Indonesia. The material contained in the KHI is considered gender bias against women, so CLD-KHI was born which aims to revise the article on gender bias in the KHI. With one of the approaches used in formulating laws based on gender equality so that the role of women in society that has undergone significant evolution, including in terms of education, career, and active participation in economic life does not reduce women's rights. This research is classified as library research type, data is collected by reviewing and reviewing various books that have relevance to the subject matter, and then using primary and secondary data sources, with normative analysis research methods on various sources of Islamic law, legal documents, and related literature. This research also involves a comparative approach to compare the views of different schools of Islamic law regarding ihdad rights and their context in the lives of career women today. The results showed that it is necessary to reformulate ihdad rights in order to accommodate the aspirations and real conditions of career women. This reformulation should take into account just and balanced inheritance rights, without neglecting fundamental principles of Islamic law. In addition, it is also necessary to integrate social, economic, and cultural aspects in consideration of the formulation of new ihdad rights. This research contributes in the face of social change and the demands of gender equality in the context of Islamic law. It is hoped that the resulting ihdad rights formulation can provide guidance for legislators and legal practitioners in developing more inclusive and fair regulations for career women, while adhering to fundamental Islamic legal principles.
Fatwa on Suicide Bombing in Sharia Maqāṣid View Hannani; Damaisar, Reza
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 2 (2022): 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.v1i2.12

Abstract

The legal methodology of halalizing suicide bombings through fatwas has become a very worrying problem to date, making some people affected by the fatwa suicide bombing. This article aims to identify the basis for suicide bombing fatwas. This study discusses the methodology used by clerics to legalize suicide bombings. The controversial phenomenon of suicide bombings within the framework of Islamic law requires an approach based on the main principles of Sharia Maqāṣid. The main purpose of Islamic law is to protect the five fundamental maqāṣid (purposes): religion, soul, reason, heredity, and property. In this context, fatwas on suicide bombings have given rise to various views among Muslim religious scholars and thinkers. This type of research uses a type of qualitative research with library research methods that take from journal books and other books or we know as descriptive qualitative research types. Through a descriptive-analytical approach, this study outlines the arguments used by opinions that consider suicide bombing as a form of legitimate struggle and opinions that reject it as a violation of humanitarian and religious principles. The results showed that opinions that saw suicide bombings as an act that violated the principles of Sharia Maqāṣid were more strongly supported. These actions threaten key values such as the protection of life and reason, and disrupt the harmony of society. Although the arguments of supporters of suicide bombings often refer to extreme situations and occupation, Sharia Maqāṣid analysis shows that such goals do not justify the sacrifice of innocent lives. Fatwas on suicide bombings must be assessed through the lens of Sharia Maqāṣid in order to understand their impact on the main objectives of Islamic law. Views that promote human, peaceful, and just values are more consistent with the principles of Sharia Maqāṣid, while views that justify acts of indiscriminate violence should be examined more deeply in the context of their legitimacy and implications for society and religion as a whole.
The Husband's Obligation to Provide for His Wife in Ṣīgat Taklīk Ṭalāk: Analysis of the Madhhab of Jurisprudence Maloko, M. Thahir; Darsa, Muh Ikhwan; Cahyani, A. Intan
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 2 (2022): 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.v1i2.13

Abstract

This article analyzes the husband's subsistence obligations to his wife in divorce proceedings from the point of view of different schools of fiqh. Livelihood is a fundamental right for women in Islam, and this provision has significant implications for divorce situations. The main purpose of this study is to analyze the various schools of thought regarding the husband's subsistence obligations towards his wife during and after the divorce process. The research method used is a comparative analysis of the views of the four major madhhabs of Jurisprudence: Hanafi, Maliki, al-Shafi'i and Hanbali. This article discusses various madhhabs and interpretations regarding whether the husband's obligation to provide for his wife after the declaration of divorce. The results of the analysis show that there are significant differences between madhhab scholars in understanding the husband's obligation to provide in the context of talaq. There are those who argue that this obligation to provide for a certain period after the divorce statement, while there are also those who argue that the obligation to pay income will end by itself. This article aims to provide a deeper understanding of the different views of madhhab scholars on the obligation to provide for wives and husbands during the taklīk ṭalāk period. In addition, this article provides insight into how these traditional views can be adapted to changing social and legal circumstances over time.
Sinovac Vaccine According to the Fatwa of the Indonesian Ulema Council Number 2 of 2021 Sharia Maqāṣid Perspective Kara, Siti Aisyah; Indah, Nur
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 2 (2022): 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.v1i2.14

Abstract

This study aims to analyze views on the use of the Sinovac vaccine based on the Fatwa of the Indonesian Ulema Council Number 2 of 2021 with the perspective approach of Maqasid Al-Syari'ah. Maqasid Al-Shari'ah is a conceptual framework in Islamic law that emphasizes the maintenance of fundamental goals, including religion, soul, reason, heredity, and property. In the context of the COVID-19 pandemic, vaccination has become a global debate, including the Sinovac vaccine. Through document analysis, the fatwa was analyzed in relation to the principles of Maqasid Al-Shari'ah in order to understand the extent to which the view supports the use of the Sinovac vaccine. In answering these problems and descriptive data analysis, the author uses a juridical normative approach. This research is classified as library research with a type of qualitative description research, where data is collected by quoting, adapting, and analyzing content (content analysis) of literature that is representative and has relevance to the problem discussed, then reviews and concludes it. Researchers found that vaccination has goals including stimulating the immune system, reducing the risk of transmission, reducing the severe impact of the virus and achieving herd immunity. In determining the halality of the COVID-19 vaccine, using the opinions of scholars who emphasize that treatment for illness and guarding against outbreaks is mandatory. Then use the concept of istihalah. And finally, the conclusion of jurisprudence related to vaccines is based on general rules of jurisprudence decision-making by authorities and experts in their fields. Maqasid al-Sharia against MUI fatwa number 2 of 2021, is the implementation of preserving the soul (hifz al-nafs). Vaccination efforts are part of achieving benefits by rejecting harm. Maqasid al-Sharia in this case is a special purpose where the desired ways of shari' protect the soul / self (Hifz al-nafs) from contracting covid-19. The fatwa also places emphasis on health care, life protection, and public benefit. Despite questions about the efficacy and halality of vaccines, the fatwa provides a foothold that in emergency situations, safeguarding public health and safety is a key principle. This research provides insight into how the interpretation of Maqasid Al-Shari'ah in fatwas can help formulate guidelines in dealing with contemporary issues such as the use of vaccines in a public health context
Public Perception of MUI Fatwa Number 1 of 2021 concerning Giving Money to Beggars in Makassar City, South Sulawesi: Perspectives on Positive Law and Islamic Law M, Ramadhani.
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 1 No. 2 (2022): 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.v1i2.15

Abstract

This study aims to analyze public perceptions of MUI Fatwa Number 1 of 2021 which regulates giving money to beggars from the point of view of positive law and Islamic law. In social and religious contexts, the issue of giving money to beggars has become a complex debate with significant social and economic implications. This study uses a comparative legal approach between positive law and Islamic law to understand the prevailing legal view. The research method used is a qualitative approach by collecting data through in-depth interviews and analysis of documents related to fatwas and related regulations. The study respondents consisted of various walks of life, including academics, legal practitioners, and religious leaders. The results of the analysis show variations in views in society regarding the effectiveness and compliance with MUI Fatwa Number 1 of 2021 on positive legal considerations, while other views refer to interpretations of Islamic law and social values. From a positive legal perspective, the fatwa reflects an attempt to regulate the practice of giving money to beggars in order to address potential exploitation and abuse. However, from the perspective of Islamic law, there are nuances of humanity and solidarity that must be taken into account in the context of giving alms. This study also illustrates how people's views can be influenced by cultural factors, social environment, and religious understanding. The results of the study show that MUI fatwa Number 1 of 2021 concerning Exploitation and begging activities on the streets and public spaces turns out that there are still many who do not know about the existence of the fatwa, and do not agree with the existence of the fatwa. The existence of a haram fatwa regarding giving money to beggars is done to stop human exploitation, the fatwa is the result of a study. The issuance of MUI Fatwa number 1 of 2021 concerning exploitation and begging activities on the streets and public spaces to support Regional Regulation Number 2 of 2008 concerning the development of street and sprawl children so that the government prioritizes making programs that further suppress high social problems. While in Islamic law, MUI fatwas do not contradict Islamic law. The fatwa does not necessarily prohibit Muslims from giving or receiving alms in its entirety or universally. Only in certain places and through other means. The implication of this research is that in upholding law and justice, law enforcement should conduct socialization related to legal problems that often occur, so that ordinary people can understand the legal consequences they cause in public life.

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