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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 53 Documents
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Fatwa and Legal Reasoning on Inheritance in Temporary Marriage: A Critical Fiqh Analysis of Sayyid Murtaḍā’s Legal Thought Mehrabi, Zahra; Saberi, Hossein; Haeri, Mohammad Hasan
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.62

Abstract

The issue of inheritance in nikāḥ al-munqaṭiʿ/mutʿah (temporary marriage) has long occupied a significant position in both classical and contemporary Islamic jurisprudential discourse, generating diverse and often conflicting legal opinions (ārāʾ) among Muslim jurists. At the core of this debate lies the issue of whether spouses in a temporary marriage are entitled to mutual inheritance, given the contractual, time-bound, and non-permanent nature of the unions. The dominant juristic view generally denies the existence of inheritance in nikāḥ al-munqaṭiʿ unless such rights are explicitly stipulated within the marriage contract. In contrast, a less widely adopted position, most particularly attributed to Sayyid Murtaḍā, affirms the establishment of mutual inheritance between spouses in temporary marriage, provided no contractual clause explicitly negates inheritance. This view has been both supported and criticized within the juristic tradition, largely due to divergent interpretations of scriptural evidence, contractual principles, and the legal consequences arising from the marriage relationship. Therefore, this study aims to systematically examine the theoretical foundations of inheritance in temporary marriage through the analytical framework of the general theory of ʿaqd al-nikāḥ (the marriage contract). The four major juristic theories concerning inheritance in nikāḥ al-munqaṭiʿ were identified and critically mapped, outlining the doctrinal bases and methodological assumptions. An in-depth analysis of Sayyid Murtaḍā’s view was then conducted, including coherence and legal plausibility in light of the essential elements, objectives, and normative implications of marriage as a binding juridical institution. The results showed that Sayyid Murtaḍā position is closely consistent with the general contractual logic of marriage, particularly the presumption of shared marital rights and obligations unless explicitly excluded, thereby reinforcing the theoretical robustness and jurisprudential defensibility within Islamic family law.
Constructing the Framework for Robotics Waqf Fatwa: Contemporary Islamic Jurisprudential Foundations for Accelerating Autism Therapy Hammad, Hamza Abed Alkarim
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.69

Abstract

The rapid integration of artificial intelligence technologies within the global medical landscape has precipitated significant discursive tensions in contemporary Islamic jurisprudence, particularly concerning the ethical boundaries and legal legitimacy of using anthropomorphic robots for highly complex therapeutic purposes. Robotic technologies, such as the NAO model, have been shown to play a crucial role in clinical interactions for children with autism. However, current muʿāmalah (Islamic transactional and social law) literature shows a profound analytical deficit concerning the validity of waqf (charitable endowment) for movable assets that visually intersect with the prohibition of showing animate beings, or taṣwīr (the representation or depiction of living beings). Therefore, this study aims to reconstruct legal reasoning that systematically synchronizes classical philanthropic doctrines with cutting-edge medical technology innovations through a Maqāṣid al-Sharīʿah (the objectives of Islamic law) approach and a comprehensive uṣūliyyah (principles of Islamic legal methodology) analysis of contemporary fatwā (authoritative legal opinions) consensuses. The results showed that the procurement and waqf ofanthropomorphic robots are Sharīʿah-compliant, based on the extension of qiyās (analogical reasoning) to pedagogical instruments and the principle of maṣlaḥah mursalah (unrestricted public interest), particularly in the protection of intellect and life. These considerations are prioritized over classical textual constraints, thereby offering a transformative legal-ethical framework capable of accommodating rapid medical-technological advancement to achieve sustainable human welfare in the digital era.
Negotiating Worship Priorities: A Fiqh al-Awlawiyyat Analysis of Al-Azhar Fatwa on Qurban and Aqīqah within Contemporary Economic Contexts Athambawa, Mahroof; Amin, Abd. Rauf Muhammad
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.70

Abstract

Legal tensions between qurban and aqīqah under contemporary socio-economic constraints require a systematic reorientation of worship priorities that balances personal devotional obligations with collective social responsibility. Although classical fiqh literature has discussed the legal status of both rituals, scholarly attention to how authoritative fatwa institutions operationalize methodological tools to reconcile normative texts with modern economic realities remains limited. Therefore, this study aims to examine official fatwa issued by Al-Azhar, a leading reference institution in the Muslim world, focusing on how it formulates priority judgments when Muslims face financial limitations. Using a qualitative design, discursive content analysis was applied to selected Al-Azhar fatwa, which integrate the framework of Fiqh al-Awlawiyyat (jurisprudence of priorities) and the Maqāṣid al-Sharīʿah approach to identify the ratio legis (ʿillat al-ḥukm), supporting Al-Azhar prioritization logic. The results showed that Al-Azhar consistently prioritizes qurban over aqīqah. This is reflected through istislāḥī reasoning that emphasizes qurban as a muwaqqat (time-bound) ritual whose benefits extend beyond the individual to broader communal welfare. The prioritization is further reinforced by the ritual strong association with public distribution, poverty alleviation, and social solidarity, making it more consistent with maṣlaḥah ʿāmmah (public interest) in contexts of economic disparity. The results contribute to contemporary Islamic legal studies by clarifying how Al-Azhar negotiates worship conflicts through priority-based reasoning and proposing a practical normative model for lower-middle-class urban Muslim communities in managing competing devotional practices under financial pressure.
Halal Certification for Non-Muslim-Owned Restaurants in Brunei Darussalam: Regulatory Practice, State Mufti Opinions, and Imam al-Nawawī’s Juristic Perspective Mahmud, Hafini bin; Kurniawan, Cecep Soleh; Mohiddin, Hajah Mas Nooraini binti Haji
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.73

Abstract

Halal certification is a central institutional mechanism for strengthening Muslim consumer confidence in restaurants and food premises within Brunei Darussalam. Although halal logo is widely perceived as an assurance of lawful consumption, a critical legal and juristic question of whether halal certification requires the restaurant owner to be a Muslim remains. Therefore, this study aims to examine the practical implementation of halal certification for non-Muslim-owned restaurants in Brunei Darussalam relative to State Mufti opinions and the juristic reasoning attributed to Imam al-Nawawī within the Shāfiʿī legal tradition. A library-based method was used with a qualitative design. Data were collected from classical fiqh texts, contemporary fatwa, national legislation, administrative regulations, and relevant policy documents. The collected materials were then analyzed through content analysis to identify normative arguments, regulatory standards, and points of legal tension. The results showed that Brunei current administrative practice allows halal certification for restaurants owned by non-Muslims under specific procedural and supervisory conditions. However, a significant inconsistency was found between the operational policy and the State Mufti juristic position, particularly concerning ownership, authority over food preparation, and the reliability of compliance. By integrating regulatory analysis with classical jurisprudence, the results contribute to the broader discourse on halal governance, Islamic legal authority, and contemporary policy implementation in Muslim-majority states. In conclusion, this study underscores the need for clearer regulatory harmonization between state fatwa institutions and halal certification agencies to ensure legal coherence and sustained public trust.
Triple Divorce in a Single Utterance in Libyan Dar al-Ifta Fatwas: The Maqāṣid Distribution on Institutional Duality Masuwd, Mowafg; Ayad, Nahid; Alrumayh, Safa; Abdulghani, Naser
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.74

Abstract

This study examines how the Libyan Dar al-Ifta (2012-2016) implements ahkam on triple divorce pronounced in a single utterance (ṭalāq al-thalāth bi-lafẓ wāḥid) or closely related patterns which related to divorce counting. Using a qualitative, document-based design method and juristic content analysis, the study examines a purposive corpus of published fatwas addressing (1) explicit numerical pronouncements “by three”, (2) repeated utterances (ṭāliq / hiya ṭāliq) framed as emphasis versus multiple enactments, and (3) conditional divorce and divorce oaths. Results show that the majority juristic position and authoritative transmissions are used to enforce the fatwa (explicit-number and conditional “three”). Repetition treated as emphasis under constrained intention. Moreover, the study reveals an institutional duality in Libya in which fatwas often enforce conditional or oath-based triggers and count explicit-number pronouncements as three if the awareness is present. On the other hand, Law No. 10 of 1984 limits the effect of numbered divorce to one, prevents conditional divorce and divorce-oath effects. This contradiction between the fatwas and the law is interpreted as a distribution of Maqāṣid across institutions, where prevention and safeguarding the seriousness of divorce language are emphasized in fatwa practice, while harm reduction and family stability are institutionalized through legal policy and procedure. This study, empirically, contributes the ongoing discussions of fatwa reasoning in society and clarifies how the tension between Ibn Abbas hadith and the majority pathway is managed and understood as evidence or an exception rather than a rule.
Re-evaluating Islamic Banking Fatwas in Indonesia: Governance, Legal Certainty, and Global Harmonization in Contemporary Sharia Finance Amiruddin, Muhammad Majdy; Hidayati, Ulfa; Rasyid, Nur Fitriani; Arwin; Faradiba, Besse
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.75

Abstract

The rapid expansion of Islamic finance has intensified scrutiny of how religious authority is institutionalized within modern regulatory systems, particularly in Indonesia where fatwas issued by the Dewan Syariah Nasional – Majelis Ulama Indonesia (National Sharia Board - Indonesian Council of Ulama) become binding only after incorporation into regulations issued by the Otoritas Jasa Keuangan (OJK) or Financial Services Authority. This study aims to re-evaluate Indonesia’s Islamic banking fatwa framework by examining its institutional translation mechanisms, degree of alignment with international standards issued by the Accounting and Auditing Organization for Islamic Financial Institutions and the Islamic Financial Services Board, and its impact on substantive maqasid realization. Using a qualitative institutional-regulatory design, the research analyzes 42 DSN-MUI fatwas, 27 OJK regulations, 18 AAOIFI standards, 12 IFSB standards, and Islamic banking portfolio data from 2015 to 2024. The findings indicate that Indonesia’s hybrid model ensures procedural legal certainty and structured fatwa-to-regulation incorporation but exhibits only partial global harmonization and a persistent dominance of debt-based contracts, reflecting a gap between formal compliance and outcome-based governance. Theoretically, the study introduces the concept of regulatory theology to explain how religious interpretation becomes embedded within the regulatory state, extending norm diffusion theory by incorporating epistemic sovereignty as a mediating variable. Practically, the research recommends stronger institutional independence, clearer codification, measurable maqasid performance indicators, and phased harmonization strategies. The originality of this study lies in reframing Islamic banking fatwa analysis from doctrinal validity toward governance-centered institutional performance grounded in empirical regulatory and portfolio evidence
DSN-MUI Fatwas and Islamic Retirement Planning: A Maqāṣid al-Sharīʿah Review of Financial Security among Non-Civil Servant Lecturers in Indonesia Ahyani, Hisam; Harahap, Arifuddin Muda; Mustofa; Rahim, Abdul; Tanjung, Indra Utama; Mutmainah, Naeli; Gumel, Salisu
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): 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.v5i1.78

Abstract

Retirement preparedness among non-civil servant lecturers in Indonesia has emerged as a critical issue due to the absence of comprehensive institutional pension schemes. This study critically examines the role of fatwas issued by the Dewan Syariah Nasional–Majelis Ulama Indonesia (DSN-MUI) in shaping Islamic retirement financial planning, employing a Maqāṣid al-Sharīʿah framework. It focuses particularly on fatwas related to sharia investment, partnership contracts (muḍārabah and mushārakah), and Islamic capital market practices. Using a qualitative socio-legal approach, this research integrates normative analysis of DSN-MUI fatwas with empirical data from interviews with non-civil servant lecturers across several regions in Indonesia. The findings reveal a normative–practical gap: while DSN-MUI fatwas provide comprehensive ethical and legal guidance for halal financial planning, their application in retirement strategies remains partial and adaptive. Lecturers tend to adopt halal investment, productive assets, and entrepreneurial activities; however, these practices are not always directly grounded in specific fatwa reasoning but are mediated by general Islamic economic ethics. From a maqāṣid perspective, this reflects the realization of ḥifẓ al-māl, yet also indicates limitations in the operationalization of fatwa authority in everyday financial decision-making. This study argues that DSN-MUI fatwas function not only as doctrinal legal products but also as instruments of financial governance whose effectiveness depends on institutional dissemination and socio-economic context. By highlighting the gap between normative fatwa frameworks and lived financial practices, this research contributes to contemporary fatwa discourse, particularly in strengthening the role of fatwa governance in Islamic retirement planning and financial policy development.
Gratification and Conflicts of Interest in Islamic Criminal Law Jumarni Dalle; Nusaibah Ummu Imarah; Indasari Palinrungi; Arif Rahman Ramli
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 2 (2026): 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.v5i2.66

Abstract

Although gratification has been extensively examined within anti-corruption and administrative law scholarship, limited attention has been given to its conceptualization as a conflict-of-interest offence within the framework of Islamic criminal law. This study addresses this gap by examining how gratification received by public officials can be reinterpreted through the doctrines of risywah, ghulūl, and khiyānah, while assessing its implications for ethical governance and public accountability. Employing normative legal research with conceptual and doctrinal approaches, the study analyses classical Islamic legal sources, contemporary legislation, fatwas, and relevant scholarly literature using qualitative content analysis. The findings demonstrate that gratification connected to public office constitutes an illicit benefit that transcends cultural expressions of courtesy because it creates institutional conflicts of interest and compromises impartial decision-making. From the perspective of Islamic criminal law, such practices fulfil the substantive characteristics of risywah and represent a breach of public trust (amānah), thereby violating the objectives of maqāṣid al-sharīʿah, particularly the protection of wealth, justice, and public welfare. The study proposes an integrated Islamic governance framework that combines criminal law principles, ethical accountability, and institutional oversight to strengthen anti-corruption strategies. This framework extends existing scholarship by positioning conflict of interest as a central normative category in contemporary Islamic criminal law discourse on public integrity.
Halal and Ṭayyib Governance in Indonesia's Free Nutritious Meal Programme: A Halal Supply Chain Perspective from South Sulawesi Muh Zaitun Ardi; Abdul Rashid Khan; Nadyatul Hikmah Shuhufi; Muhammad Shuhufi; Fatmawati; Mau’idhatul Hasanah Ridwan; Ahmed Medi
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 2 (2026): 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.v5i2.80

Abstract

The Free Nutritious Meal Programme (MBG), as a national public food policy, has been examined predominantly from nutritional, public health, and socio-economic perspectives, while the dimension of ḥalāl–ṭayyib governance across the entire supply chain remains largely underexplored. This gap is significant because ḥalāl–ṭayyib assurance constitutes an essential component of Muslim consumer protection and public welfare within the framework of Maqāṣid al-Sharīʿah. This study aims to analyse the implementation of ḥalāl–ṭayyib governance in the MBG supply chain in South Sulawesi, identify critical ḥalāl control points throughout the upstream and downstream supply chain, and develop an integrated ḥalāl governance model for public food programmes. Employing a multi-site qualitative case study with a socio-legal approach, the research draws upon in-depth interviews, non-participant observations, and document analysis conducted in Makassar, Gowa, Maros, and Bone Regencies. The data were analysed using the interactive model of Miles, Huberman, and Saldaña through systematic coding and thematic analysis. The study adopts the ḥalāl supply chain, the ḥalāl assurance system, and Maqāṣid al-Sharīʿah as integrated analytical frameworks. The findings reveal substantial governance deficiencies, reflected in inadequate supplier ḥalāl certification, limited ḥalāl traceability, insufficient ḥalāl audit mechanisms, risks of cross-contamination in Satuan Pelayanan Pemenuhan Gizi (SPPG) kitchens, and the absence of integrated ḥalāl logistics and digital monitoring systems. Furthermore, the programme has significantly contributed to ḥifẓ al-nafs, ḥifẓ al-ʿaql, and ḥifẓ al-nasl through improved nutritional fulfilment and human development. However, ḥifẓ al-dīn remains inadequately safeguarded due to the absence of a comprehensive and systematic ḥalāl assurance framework. The principal contribution of this study is the development of an Integrated Ḥalāl–Ṭayyib Governance Model for Public Food Programmes, which integrates the ḥalāl supply chain, the ḥalāl assurance system, and Maqāṣid al-Sharīʿah within a comprehensive public food governance framework. The study advances the literature by extending ḥalāl governance beyond the commercial food industry into the domain of Islamic public food governance. It also offers practical policy recommendations by emphasising the importance of digital ḥalāl traceability, risk-based ḥalāl governance, and institutional coordination among the National Nutrition Agency (BGN), the Badan Penyelenggara Jaminan Produk Halal (BPJPH), the Majelis Ulama Indonesia (MUI), local governments, and supply chain stakeholders to strengthen sustainable ḥalāl public food governance.
The Maqāṣid al-Sharī'ah Approach in Contemporary Islamic Fatwas: A Systematic Review of Methodological Integration and Jurisprudential Coherence Ahmad; Akbar; Andi Abdul Kadir Andi Kitta
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 2 (2026): 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.v5i2.99

Abstract

The application of maqāṣid al-sharīʿah in contemporary fatwa issuance has become an important methodological development in Islamic jurisprudence, particularly in addressing emerging issues in family law, finance, healthcare, technology, and environmental governance. This systematic review evaluates how maqāṣid-based reasoning is applied, justified, and methodologically integrated in contemporary fatwa discourse. A comprehensive search of Semantic Scholar using five search strategies identified studies on maqāṣid al-sharīʿah, fatwa formulation, and contemporary Islamic law. After screening 138 deduplicated records, 90 studies met the inclusion criteria. Two reviewers independently conducted study selection and data extraction, while risk of bias and certainty of evidence were assessed using domain-specific criteria and the GRADE framework. The included studies primarily addressed family law (32%), finance (24%), healthcare (10%), technology (8%), food and ḥalāl (6%), environmental governance (4%), and other issues. Findings indicate that the classical five objectives of maqāṣid—ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-ʿaql, ḥifẓ al-nasl, and ḥifẓ al-māl—remain the dominant analytical framework, although recent scholarship increasingly recognises ḥifẓ al-bīʾah (environmental preservation) as an emerging objective. Across jurisdictions, including Indonesia, Malaysia, Egypt, and Iran, significant tensions persist between formal legal compliance and substantive ethical objectives, while institutional procedures for implementing maqāṣid-based fatwas remain inconsistent. Although maqāṣid al-sharīʿah demonstrates substantial adaptability to contemporary legal challenges, methodological standardisation across fatwa institutions is still limited (very low certainty of evidence). The review recommends developing harmonised methodological guidelines and strengthening institutional coordination to improve the consistency, transparency, and effectiveness of future fatwa formulation.

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