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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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Siyāsah Shar'iyyah Insights into MUI Fatwa on Beggars' Exploitation in Public Spaces in South Sulawesi Province Hasan, Hamzah; Ridwan, Mir’atul Mar’ah; Anas, Muh Fauzi
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 1 (2023): 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.v2i1.16

Abstract

This study aims to describe the views of the Mui Fatwa Authority of South Sulawesi Province Number 1 of 2021 concerning the Exploitation and Activities of Beggars on the Streets to Public Spaces from the Siyāsah Shar'iyah Perspective. In answering this problem, the author uses a normative shar`i approach and an empirical juridical approach. The method of data collection is done by way of interviews, observation, documentation, and literature study. The results of the research show that MUI Fatwa Number 1 of 2021 provides guidelines for Muslims regarding procedures for providing assistance to beggars that are more useful and encourage them to get out of the poverty cycle independently and with justice. Furthermore, the exploitation of street begging activities involving violations of laws is not recommended in Islam. From the perspective of Siyāsah Shar'iyah, the MUI fatwa regarding the prohibition of providing assistance to beggars on the streets can be seen from legal and political aspects. Basically, we as citizens who are good and obedient to religious rules should carry out the fatwa rules that have been issued by the Indonesian Ulema Council and should socialize more to the whole community so that the fatwas that have been issued are better understood and implemented in accordance with the regulations that have been made.
The Role of the Indonesian Ulema Council in Consumer Protection Against Counterfeit Halal Labels in Makassar City: Siyāsah Shar'iyah Perspective Jafar, Usman; Khatimah S, Husnul; Maulidah, Tahani Asri
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 1 (2023): 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.v2i1.17

Abstract

The type of research used is qualitative research (Field Research) with a juridical and shar'i approach. Sources of data obtained directly from research subjects in the field by means of interviews and secondary data obtained from official documents of the Institute for the Assessment of Food, Drugs and Cosmetics of the Indonesian Ulema Council (LPPOM MUI), South Sulawesi Indonesian Ulema Council (MUI South Sulawesi), scientific journals and articles relevant to this study, the data analysis used is qualitative analysis. The research results show that The MUI concept in handling food and beverage products that are not labeled halal, that is, socialize regularly and MUI has the authority to determine product halalness through halal fatwa meetings. Forms of legal protection for consumers for food and beverage products that do not have a Halal Label, as stated in the Law - Law Number 33 of 2014 concerning guarantees for halal products, as well as giving warning letters, sanctions/fines to business actors who do not follow halal procedures. The perspective of Siyāsah Shar'iyah regarding food in Islam has been explained in general in the Qur'an and al-Sunnah, in the form of recommendations for eating what is lawful and good (tayyib) and prohibiting eating what is unlawful.
Fatwa Authority of the Indonesian Ulema Council on the Formation of Religious Regulations in Indonesia: Siyāsah Dusturiyah Perspective Aswan; Ashufah, Abdul Hayyaqdhan
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 1 (2023): 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.v2i1.18

Abstract

This study aims to determine the urgency of MUI fatwas in people's lives and the position of MUI fatwas in the formation of government policies in Indonesia as well as to analyze the formation of government policies on the influence of MUI fatwas studied in Siyasah Dusturiyah's view. The problem in this study is the authority of MUI fatwas in influencing legal politics in Indonesia while the procedure for forming MUI fatwas is not regulated in Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. This research is a library research with a syar'i normative theological approach. Primary and secondary data sources such as: UUD, MUI Fatwa, al-Qur'an, hadith, scientific journals. The results of this study are 1) The urgency of MUI fatwas in people's lives as a guide in finding solutions related to problems using a systematic methodology based on strong propositions for the benefit of the general public, especially Muslims. 2) MUI's fatwa in its position on policy formation is an infra-structural element in the group of institutional interest groups (Institutional Interest Group). 3) MUI fatwas are regulations and laws required by the state in terms of conformity with religious principles and are the realization of community benefit. So that the MUI fatwa is present to assist the government in solving a problem in society, especially Muslims called the ifta institution.
Buying and Selling Followers in the View of National Law and Fatwa of the Indonesian Ulema Council: Comparative Study Kurniati; Imran, Muh. Fadhil Abdillah; Aris, Aryan
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 1 (2023): 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.v2i1.19

Abstract

The provisions for the implementation of electronic transactions related to buying and selling followers are contained in article 18 which states that if the sale is carried out via the internet, the contract must be in the form of an electronic agreement that is legally binding. The jurists of the Hambali, Hanafi and al-Shafi'i madhhabs say that the object of the contract must be deliverable, the object must be present at the time the contract is performed, and it must not sell something that does not exist such as unfinished fruit (ripe). In contrast to the Maliki Madhhab which allows the buying and selling of immature fruit, on the basis that the immature part is included in the fruit that has already appeared, and only requires that the object must be present at the time of contract at the time of sacrifice of the fruit. In contrast to the view of law number 11 of 2008 where the provisions for the implementation of electronic transactions related to buying and selling followers are contained in article 18 which reads that if the sale is carried out via the internet, the contract must be in the form of an electronic agreement that is legally binding, then the applicable law must be in accordance with the basic principles of international criminal law and there are exceptions in article 20, namely in electronic agreements that With regard to the decision of both parties in relation to the agreement on the execution of the agreement, then the electronic transaction takes place only if the buyer has agreed and accepted the seller's offer. This research is included in the category of library research and uses methodology in the form of juridical, shari'i and sociological approaches. The data sources used are primary data sources, namely hadith, Qur'anic verses and the views of madhab imams while secondary data sources are journals, library books, data collected through reading, studying, and collecting a number of references related to the material. The journal of this study is, sellers and buyers who buy and sell followers to make an agreement before the contract is closed
Comparison of Judges' Decisions on Isbat Nikah in the Marriage of Minors in the Religious Courts of Bulukumba Tarimana, Sitti Fatimah; Rahmi; Mahmusin, Muhammad Arash bin
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 2 (2023): 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.v2i2.21

Abstract

Isbat nikah (isbat of marriage) is needed by some people who do not have a marriage book, because with the approval of the Judge's decision, the party applying for isbat can register their marriage book. This study aims to reveal the judge's consideration in deciding the isbat nikah case of marriage of minors at the Bulukumba Religious Court. This empirical research was conducted at the Bulukumba Religious Court. The research approach is juridical-normative by observing the decision. Data collection techniques in this study are interviews, observation and documentation. The results of the study indicate that the Judge's consideration in deciding the Isbat Nikah Case for Marriage of Minors remains based on Law Number 1 of 1974 on the amendment of Law Number 16 of 2019. Whatever the reason for the litigant in applying for Isbat Nikah when violating the existing law, the judge has the right to decide the case accordingly. The causes of child marriage in Bulukumba Regency are caused by a number of factors, including economy, education and socio-culture. Socio-cultural factors are more often used as a reason by perpetrators of early marriage, with following in the footsteps of parents as the most frequently mentioned factor. An understanding of the changes in the age of marriage rules in Indonesia must be socialised so that there are no violations of the marriage law.
The Position of Panai' Money in the Marriage of the Bugis-Makassar Societ: Fatwa Analysis of the Indonesian Ulema Council of South Sulawesi Province Qayyum, Abdul Rahman; Lanta, Zulkifli; Ramadhan, Muh Ardin Abizal
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 1 (2023): 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.v2i1.23

Abstract

The tradition of panai’ money in South Sulawesi is a form of respect from the party who proposes (men) to women as a form or process of family ties. The main point of this study is how the Position of panai’ Money in the Marriage of the Bugis-Makassar Tribe Community; Fatwa Study of the Indonesian Ulema Council of South Sulawesi Province. This study aims to analyze the fatwa issued by the Indonesian Ulema Council of South Sulawesi Province regarding panai’ money in the marriage tradition of the Bugis-Makassar community. The type of research used in this study is qualitative descriptive research that provides an overview of phenomena and events that occur in a research location based on environmental conditions. The data used in this study are primary data and secondary data that are processed and presented to conclude. The results showed that the position of this panai’ money is a condition in a marriage because if there is no panai’ money then the marriage cannot be done. Islam does not regulate the provision of panai’ money but the law is good, Islam does not prohibit panai money in marriages of the Makassar bugis tribe because no evidence regulates it. Therefore, the MUI in its fatwa states that the law of this panai’ money is mubah, and if it does not burden both parties. The MUI in its fatwa does not state how much must be spent, because it adjusts to everyone's economic conditions.
Legal Protection of the Issuance of Birth Certificates of Children from Unregistered Marriages: An Analysis of Islamic Law and Indonesian Civil Law Nur, Jabal; Lewa, Irfan; Maloko, M. Thahir
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 2 (2023): 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.v2i2.24

Abstract

The issuance of birth certificates for children born from unregistered marriages is a very important issue. In practice, there are still many places where children who will be born in an unregistered marriage relationship cause the absence of a valid certificate. The purpose of this study is to reveal legal protection, both from the aspect of legal status and legal consequences of the issuance of birth certificates of children from unregistered marriages. This paper is a qualitative empirical research with a comparative law approach. Data sources are obtained from interviews and literature studies. The results of the study found that children born from unregistered marriages have legal status as legitimate children of the father and mother because they have fulfilled the pillars and conditions determined by each religion. Every child is entitled to legal protection of their rights by providing a birth certificate as an identity, also makes it easier for children to a public service and get protection from violence and discrimination. As a result of the issuance of a birth certificate of a child from an unregistered marriage, the child will have a birth certificate with only the mother's name listed, resulting in the recognition of nasab or lineage, inheritance rights, maintenance and living expenses, even affection and parental responsibility for the growth and development of the child. The government should make a definite rule regarding the requirements that must be attached in terms of recording the birth certificate of a child born from an unregistered marriage. Legal certainty for the issuance of birth certificates of children from unregistered marriages should be synchronized in accordance with the relevant laws and regulations.
The Fulfillment of Post-Divorce Rights for Former Wives and Children in Bantaeng Regency: A Maqāṣid al-Sharī‘ah Analysis Wahda, Nur Aqiqah; Sabir, Muhammad; Anas, Muh Fauzi
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 4 No. 1 (2025): 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.v4i1.25

Abstract

This study investigates the public understanding and practical realization of post-divorce rights for ex-wives and children in Bantaeng Regency, where 379 divorce cases were recorded in 2022. Despite clear legal provisions, many of these rights remain unfulfilled, reflecting a gap between legal rulings and social implementation. The purpose of this research is to examine how the local community perceives and practices the fulfillment of these rights in light of Maqāṣid al-Sharī‘ah, the higher objectives of Islamic law. This study investigates the public understanding and practical realization of post-divorce rights for ex-wives and children in Bantaeng Regency, where 379 divorce cases were recorded in 2022. Despite clear legal provisions, many of these rights remain unfulfilled, reflecting a gap between legal rulings and social implementation. The purpose of this research is to examine how the local community perceives and practices the fulfillment of these rights in light of Maqāṣid al-Sharī‘ah, the higher objectives of Islamic law. The findings reveal a significant disconnect between legal provisions and societal behavior. Although the Bantaeng Religious Court implements Supreme Court Circular (SEMA) No. 1 of 2017, which mandates the inclusion of post-divorce obligations (e.g., maintenance of iddah, mut'ah, and child support) in court verdicts, enforcement remains weak. When fathers neglect their responsibilities, mothers are often unaware of their right to request legal execution of these obligations. This research contributes original insights into the socio-legal dynamics of post-divorce justice in rural Indonesia. It highlights the need for broader legal literacy and institutional support. The study recommends that legal authorities and local governments actively disseminate information about SEMA No. 1 of 2017 to ensure post-divorce rights are properly understood and enforced.
A Sharia-Based Solution to Family Planning: The Use of Temporary and Permanent Contraceptives in Light of the Legal Maxim al-Ḍararu Yuzāl Astarina, Eva; Akmal, Andi Muhammad; Asni
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 1 (2024): 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.v3i1.26

Abstract

This study explores the permissibility and ethical considerations of contraceptive use, particularly sterilization methods like vasectomy and tubectomy, in Islamic law. The research focuses on how the Islamic legal principle al-ḍararu yuzāl (harm must be removed) applies to family planning practices, with an emphasis on temporary versus permanent contraceptive methods. It aims to offer a comprehensive understanding of how Islamic law addresses reproductive health while preserving marriage and family integrity. Using a qualitative, normative juridical approach, the study analyzes Islamic legal texts, including Qur'anic verses, Hadiths, and fatwas, in relation to contemporary contraceptive issues. A comparative analysis is employed to assess the views of Islamic scholars on contraceptive use, particularly on permanent methods like sterilization. The study also incorporates empirical data from fatwas, legal documents, and contemporary legal debates. The findings show that Islam allows the use of temporary contraceptives for birth regulation, especially for socio-economic reasons, such as ensuring adequate child care and education. However, permanent methods like sterilization are generally prohibited as they contradict the main purpose of marriage—procreation. Exceptions exist in cases of necessity, such as protecting maternal health or preventing hereditary diseases. The paper contributes to the field by offering a nuanced analysis of Islamic law regarding both temporary and permanent contraceptives, and it provides practical insights for policymakers and health professionals. The study suggests that Islamic law can offer a balanced approach to family planning, ensuring individual rights and societal welfare.
Ismail Al-Zain's Fatwa on Tajdīd al-Nikāh: Legal and Social Analysis of Remarriage Practices at KUA Walenrang in Luwu Regency Desrianti, Desrianti; Ridwan, Muhammad Saleh; Qayyum, Rahman; Nusair, Abuyamen
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 1 (2024): 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.v3i1.28

Abstract

This study examines Ismail Al-Zain's fatwa on tajdīd al-nikāh and its relevance to remarriage practices at the Office of Religious Affairs (KUA) in Walenrang District, Luwu Regency, particularly among serial marriage perpetrators requiring official marriage registration. The research employs a field research method, combining a phenomenological approach to explore individual experiences with tajdīd al-nikāh and a normative juridical approach to analyze the issue through Islamic law, including the Qur'an, hadith, fiqh rules, and scholars' opinions. The findings reveal that while Ismail Al-Zain's fatwa permits tajdīd al-nikāh as jawāz (allowed), it should be avoided unless critically necessary. At the KUA of Walenrang, tajdīd al-nikāh is implemented not only to fulfill marriage registration requirements but also to address doubts about the validity of harmony and conditions in serial marriages. This practice is more accurately termed i'ādah al-nikāh, aiming to ensure compliance with Islamic legal requirements and resolve ambiguities associated with serial marriage legality. This study offers original insights into the practical and legal nuances of tajdīd al-nikāh versus i'ādah al-nikāh in the context of marriage registration. The findings underscore the critical role of legal clarity in protecting the rights of spouses and children and preventing future disputes in family law. The research highlights the importance of ensuring correct and legal marriage processes to address legal and social challenges in contemporary Islamic family practices.

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