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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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Public Response to MUI Fatwa No. 83 of 2023: Social Implications in Makassar, South Sulawesi Hawalay, Humaerah; Ramli, Arif Rahman; Handayani, Dwi
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.v3i1.29

Abstract

This study examines public responses to MUI Fatwa No. 83 of 2023, which prohibits transactions with Israeli-affiliated products and emphasizes support for Palestine. The research aims to bridge the knowledge gap regarding how communities understand and implement the fatwa, while also exploring its potential social and political consequences. A qualitative methodology was employed, utilizing observation, interviews, and documentation as data collection techniques. The data sources include primary and secondary materials relevant to the fatwa and its community impact. The findings reveal that the community in Manggala Sub-district understands and accepts the fatwa’s principles. They view it as an essential step in showing solidarity with Palestine, often expressing support through joint prayers, fundraisers, and adherence to the prohibition of Israeli products. Practical implementations of the fatwa, such as organized charity activities, demonstrate a significant level of community engagement.  This research is original in its focus on a localized response to MUI Fatwa No. 83 of 2023, contributing to a broader understanding of the social dynamics surrounding Islamic legal directives. The implications highlight the need for enhanced and sustainable education programs to socialize fatwas effectively. Local governments and the MUI should collaborate to provide direct counseling, community leader training, and support mechanisms for traders to adapt without economic disruption. By addressing these aspects, the study underscores the importance of aligning religious directives with practical societal needs.
The Comparison of Marital Property Division Between Indonesia and Malaysia from the Perspective of Fiqh Rules Alimuddin, Harwis; Syaifuddin; Sucipto
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.v4i1.30

Abstract

The regulations regarding the division of marital property post-divorce in Indonesia and Malaysia are the result of the juristic interpretation by scholars that has been adjusted to the socio-cultural context of the society and subsequently legislated into law. The regulations governing the division of marital property post-divorce in Indonesia refer to Law No. 1 of 1974 articles 34—37 and the Compilation of Islamic Law (KHI) articles 85-97, while in Malaysia it refers to Act 303 Islamic Family Law (Federal Territories) 1984. The majority of scholars in Indonesia and Malaysia analogize it to shirkah abdan (partnership in skill). This research is a literature study using a normative research type with a comparative study approach using the analysis of the principle of al-kharaj bi al-dhaman. This fiqh rules desire that the right to profit must be proportional to the obligation to bear risks. This principle is generally used in matters of transactions. Therefore, if the marital relationship in marital property is analogized to shirkah abdan, then it is only appropriate that this principle can also be applied in the rules of marital property division between spouses. This study concludes that the division of marital property in Indonesia, which adopts a civil law legal system, tends to divide marital property equally. Meanwhile, in Malaysia, which adopts a common law system, it considers the contributions made by the husband or wife. Through the analysis of the principle of al-kharaj bi al-dhaman , the provisions regarding the division of marital property post-divorce by considering the contributions of the husband or wife in marital property are more relevant to this principle.
Between Transaction and Partnership: The Juridical Discrepancy in MLM Member Onboarding Based on DSN-MUI Fatwas in Makassar Misbahuddin; Rifai, Ahmad Faizal; Thahir, Muhammad Nasir
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.v4i1.31

Abstract

This research aims to analyze the recruitment methods used by Multi-Level Marketing (MLM) practitioners and to assess the relevance and compliance of these practices with the contractual provisions outlined in DSN-MUI fatwas. Employing a qualitative research approach, data were collected through observation, interviews, and documentation involving MLM companies in Makassar. The findings reveal that recruitment strategies commonly involve personal selling, hypnoselling techniques, promises of success, and flexing or marketing signaling. Notably, at the closing stage, companies apply the al-Ba’i Murabahah contract with prospective members, framing it as a business partnership within the same company. However, al-Ba’i Murabahah is inherently a transactional contract and not suited for intermediation purposes. The study demonstrates that the application of DSN-MUI fatwa-based contracts in MLM recruitment has not yet fully aligned with Sharia principles, particularly in terms of intermediation contracts. The appropriate model for member recruitment should be based on Mudharabah, where prospective members contribute effort, time, and skills to product distribution without initial capital investment. This study offers a novel critique of fatwa implementation in the context of MLM operations, highlighting the juridical disconnect between theoretical contract types and actual recruitment practices. The findings have practical implications for Sharia supervisory bodies and MLM operators to realign recruitment mechanisms with valid intermediation contracts, ensuring greater compliance with Islamic commercial ethics.
Islamic Guidelines for Digital Commerce: Fatwa MUI No. 146 and its Impact on Indonesia’s E-Commerce Ecosystem Syahruddin, Aqmar; Mubarak, Husni; Ahmad, Kamaluddin
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.v3i1.35

Abstract

This study aims to explore the impact of Fatwa MUI No. 146 on Sharia-compliant e-commerce transactions in Indonesia, particularly focusing on its economic, legal, and social implications. With the rapid growth of online shopping, this fatwa seeks to address challenges such as fraud, transparency, and the alignment of digital transactions with Islamic principles. The research employs a qualitative approach, combining literature review, field observation, and surveys of online shoppers in Indonesia. Data were analyzed to evaluate the extent to which the fatwa has shaped business practices and consumer behavior in the digital economy. The results indicate that Fatwa MUI No. 146 has significantly contributed to the development of a more ethical and transparent online shopping environment by emphasizing key Sharia principles such as trust, justice, and clarity in contracts. It has particularly enhanced the confidence of Muslim consumers and provided guidelines for small and medium enterprises (SMEs) to access broader markets. The fatwa's role in supporting the digital economy is evident, although challenges remain in educating stakeholders about Sharia-compliant business practices. This study is original in its examination of the intersection between Islamic law and digital commerce, contributing to the discourse on Sharia-compliant e-commerce in Indonesia. Its implications are significant for policymakers, religious authorities, and digital businesses, as it suggests the need for stronger collaboration to promote inclusive and fair digital economic practices in accordance with Islamic values.
Islamic Ethical Guidance in the Digital Age: A Study of MUI Fatwas on Social Media Use in Indonesia Rahman, Abdul; Mulsir Irawanda; Syukri
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.v3i1.38

Abstract

This study aims to examine the Indonesian Ulema Council (MUI)’s fatwas concerning the use of social media, focusing on their ethical foundations, influence on user behavior, and the challenges encountered in their societal implementation. The research seeks to assess how Islamic legal norms are applied to contemporary digital practices and to what extent these fatwas shape public engagement in online platforms. Employing a qualitative content analysis method, the study reviews selected MUI fatwas issued between 2017 and 2023. In addition, semi-structured interviews were conducted with Islamic legal scholars and active social media users to gain insight into public understanding and response to these fatwas. Data were analyzed through thematic coding, supported by relevant Islamic legal theory. The findings indicate that MUI fatwas recognize social media as a neutral tool (mubāḥ) whose moral value depends on its usage. The fatwas emphasize ethical conduct, the avoidance of harmful content, and the promotion of beneficial communication. While the fatwas provide normative guidance aligned with Islamic principles, their practical enforcement is limited by users' digital habits, lack of awareness, and insufficient public dissemination. This study contributes to the growing field of digital Islamic ethics by offering an in-depth look at how formal religious authorities engage with technological challenges. It highlights the need for more effective strategies in communicating religious norms to digitally active Muslim communities, suggesting collaboration between religious institutions, digital influencers, and educational platforms to enhance the social impact of fatwas in the online sphere.
A Fiqh-Based Solution to Worship Practices During the Covid-19 Pandemic and Natural Disasters Aminullah; Gassing, A. Qadir; Syarif, Muhammad Fazlurrahman
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.v4i1.46

Abstract

This study aims to explore the fiqh-based solutions for the implementation of Islamic worship during the Covid-19 pandemic and natural disasters. It examines how Islamic jurisprudence provides flexibility and prioritizes public safety without compromising religious obligations in emergency contexts. Using a qualitative normative approach, this research analyzes primary sources of Islamic law, including the Qur’an, Hadith, and classical fiqh literature, supplemented by contemporary fatwas and scholarly opinions. The study also applies maqāṣid al-sharī‘ah (objectives of Islamic law) principles to interpret worship practices amid health crises and natural disasters. Findings indicate that contemporary ulama universally emphasize the obligation to preserve life (ḥifẓ al-nafs) while maintaining religious duties. Fiqh accommodates emergency circumstances by permitting modifications or delays in worship, such as congregational prayers and fasting, without nullifying their spiritual value. The research highlights consensus on using protective health measures and endorsing vaccination during fasting, emphasizing that safeguarding health takes precedence. This research contributes to the growing body of Islamic jurisprudential discourse by offering a comprehensive fiqh framework tailored to unprecedented global health emergencies and environmental catastrophes. It bridges classical legal principles with modern public health concerns, providing practical religious guidance in times of crisis. The study serves as a reference for policymakers, religious authorities, and Muslim communities to develop informed, flexible worship protocols during emergencies. It also encourages further research into fiqh responses to socio-religious challenges beyond health crises, such as in economic and family law during pandemics or disasters.
The Compliance with Tarjih Fatwa on the -18° Dawn Criterion: A Study of Muhammadiyah Mosques in Gowa Regency Fikri, Mursyid; Indriana; Syarif, Muh. Rasywan; Lubis, Arjuna Hiqma
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.v4i1.47

Abstract

Differences of opinion regarding the determination of dawn time in Indonesia have become increasingly prominent, especially after Salafi groups claimed that the dawn time determined by the Ministry of Religious Affairs (KEMENAG RI) using the -20° criterion is 15–23 minutes too early. In response, Muhammadiyah conducted further research based on the recommendations of the 27th National Conference of Tarjih (Munas Tarjih) held on April 1–4, 2010. The research led to the Tanfidz Decision of the XXXI Tarjih National Conference, which concluded that the previously used dawn criterion was too early by about 8 minutes. As a result, Muhammadiyah adopted the -18° criterion as a more accurate standard and instructed all levels of its organization to follow this guideline in determining prayer times. This study aims to analyze the level of understanding and compliance among Muhammadiyah members regarding the Tanfidz Decision on the -18° dawn criterion. It also seeks to identify the obstacles faced in implementing the decision, particularly by mosque administrators in Muhammadiyah mosques in Gowa Regency. Using a qualitative approach and a case study method, data were collected through in-depth interviews and observation of dawn time practices. The findings show that most Muhammadiyah members in Gowa Regency understand and comply with the new guideline. However, several technical and social challenges remain, including limited access to precise observational tools and varying levels of understanding among mosque administrators. Nevertheless, the majority of Muhammadiyah mosques have made efforts to implement the -18° criterion in accordance with the directives of the Muhammadiyah Central Leadership.
The Criminalization of YouTube Prank Content: A Legal Review through Indonesian ITE Law and Islamic Criminal Law in the Digital Era Faizatul Nasifa; Nurjannah, ST.
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 2 (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.v3i2.27

Abstract

This study aims to analyze the legal status of prank content produced by YouTubers, particularly through the lens of Indonesia’s Electronic Information and Transactions Law (ITE Law) and Islamic Criminal Law. The research is motivated by the rise of prank videos that potentially cause harm and violate ethical and legal norms. Using a qualitative library research method grounded in a normative juridical approach, this study employs three legal perspectives: the statute approach, case approach, and syar’i (Islamic legal) approach. Data were sourced from primary, secondary, and tertiary legal materials and analyzed using descriptive-analytical techniques. The findings reveal that although the ITE Law does not explicitly regulate prank content, certain prank videos—such as those created by YouTuber Ferdian Paleka—fulfill the criteria for violations under Article 27 paragraphs (1) and (3), in conjunction with Article 45 paragraphs (1) and (3) of the ITE Law, concerning indecency, defamation, and public humiliation. From the perspective of Islamic Criminal Law, such pranks are categorized as jarimah ta’zir, crimes that are harmful but whose punishments are not explicitly defined in primary texts, leaving sentencing to the discretion of the judge. This study contributes to the discourse by integrating modern digital behavior with classical Islamic legal theory. It also underscores the growing application of restorative justice as an alternative legal mechanism in resolving content-related offenses online, highlighting the need for preventive and rehabilitative legal strategies.
Fatwa on Cryptocurrency as Digital Assets: An Islamic Perspective Amidst Indonesia’s Regulatory Landscape Latang, Muhammad Aslam; Fathurrahman; Muhammad Faried
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 2 (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.v3i2.32

Abstract

This study aims to analyze the Islamic legal rulings on cryptocurrency as established by the 7th Ijtima Ulama Fatwa Commission of Majelis Ulama Indonesia (MUI) held in November 2021. The research focuses on clarifying the status of cryptocurrency in Islamic law amid growing digital financial innovations. Methodologically, the study employs a qualitative approach based on an in-depth review of fatwas, Islamic jurisprudence, and Indonesian legal frameworks, supported by deliberations involving over 700 scholars, religious leaders, and academics. The findings reveal that MUI declared the use of cryptocurrency as a digital currency haram due to the presence of gharar (uncertainty), dharar (harm), and incompatibility with Indonesian monetary regulations. Similarly, cryptocurrency transactions as commodities or digital assets are deemed invalid because of gharar, dharar, and qimar (gambling), as well as failure to meet the shariah condition of sil’ah (clear ownership). However, an exception applies to cryptocurrencies backed by clear underlying assets, definite value, and proven benefits, which may be permissible. This research contributes original insight into contemporary Islamic finance by addressing cryptocurrency’s evolving legal status within Indonesia’s socio-legal context. The results serve as essential guidance for Muslim communities and policymakers in navigating digital finance consistent with shariah principles.
Umrah COD and Its Legal Standing in Islamic Law: Navigating Contractual Innovation in Contemporary Worship Economy Ismail, Ahmad; Nur, Salahuddin; Alfadil S., Muhamimin
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 2 (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.v3i2.37

Abstract

This study aims to examine the legal status and operational mechanisms of the Umrah Cash on Delivery (COD) system within the framework of Islamic jurisprudence. As digital technologies reshape the landscape of religious travel, the emergence of Umrah COD—where payment is made after the delivery of travel documents or services—presents both innovative solutions and potential juridical challenges. Using a qualitative-descriptive method, the research relies on document analysis, including fiqh texts, contemporary fatwas, and digital platform policies. It investigates the compatibility of Umrah COD with sharia principles, particularly regarding contractual obligations, gharar (uncertainty), and consumer protection. Findings reveal that Umrah COD may be considered permissible under Islamic law if the contract fulfills core conditions such as mutual consent, clarity of terms, and absence of deception. The role of digital platforms in facilitating transparency and accountability is also emphasized as a supporting factor in ensuring sharia compliance. This study contributes original insights by addressing a relatively underexplored intersection between digital commerce and religious travel through a fiqh-based lens. The implications are significant for regulators, travel agents, and Muslim consumers, offering guidance for developing ethically sound and legally valid practices in the evolving Umrah economy.

Page 3 of 4 | Total Record : 40

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