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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 60 Documents
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Reconstructing Fiqh al-Aqalliyyāt for Muslim Minorities in Europe: Islamic Legal Responses to Islamophobia and Religious Freedom Challenges St. Nasriah; Ayu Rahayu; Tahani Asri Maulidah; Marwah Wahdin
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.v5i2.91

Abstract

Muslim communities in Europe increasingly face complex tensions between religious identity, citizenship, social integration, and the protection of religious freedom. Islamophobia, discrimination, contestation over religious symbols, and debates concerning Muslim integration have exposed limitations in approaches that frame minority Muslim life solely through the binary of assimilation and religious preservation. This study examines how fiqh al-tasāmuḥ (jurisprudence of tolerance) and fiqh al-aqalliyyāt (minority jurisprudence) can be reconstructed to address these challenges while maintaining Islamic normative commitments. Employing qualitative library research, the study analyses classical and contemporary Islamic legal literature alongside scholarly studies on Muslim minorities, religious pluralism, Islamophobia, and citizenship in Europe. A normative-sociological approach is combined with Maqāṣid al-Sharīʿah to assess the compatibility of minority jurisprudence with the objectives of justice, human dignity, religious freedom, social coexistence, and communal welfare. The findings demonstrate that fiqh al-tasāmuḥ provides an ethical-legal framework for managing religious and social diversity, whereas fiqh al-aqalliyyāt offers contextual legal mechanisms for Muslims living under non-Muslim majority jurisdictions. Their integration enables a shift from defensive minority adaptation toward an active jurisprudence of coexistence, citizenship, and mutual recognition. The study argues that a maqāṣid-oriented reconstruction of these two fiqh paradigms can strengthen Muslim religious identity while simultaneously supporting social integration and equal citizenship in contemporary Europe.
The Reframing MUI’s Hoax Fatwa: Qur’anic Foundations of Tabayyun in Contemporary Islamic Law Rukman Abdul Rahman Said; Alamsyah Halim; Ahmad Gibriel RM Saeed; Muh. Darwis
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.v5i2.100

Abstract

The circulation of hoaxes on social media demonstrates that digital information problems concern not only factual accuracy but also moral responsibility, public benefit, communicative propriety, and the prevention of social harm. This article examines how Q. al-Hujurat [49]: 6 is interpreted and transformed into operational norms in the Majelis Ulama Indonesia (MUI) Fatwa No. 24 of 2017 on Law and Guidelines for Social Interaction through Social Media. The study employs library research, thematic exegesis, and qualitative content analysis. Its primary sources comprise Q. al-Hujurat [49]: 6, the commentaries of al-Tabari, Ibn Kaṡir, al-Qurtubi, Tafsir Al-Misbah, and the text of MUI Fatwa No. 24 of 2017. The data were examined by identifying units of meaning, coding epistemic, ethical, procedural, and social categories, comparing exegetical positions, and mapping the transformation of the verse into fatwa provisions. The findings reveal three interpretive movements. First, tabayyun is expanded from examining a report conveyed by a problematic source into a general obligation of caution toward digital content. Second, the verse's structure – linking source, report, action, impact, and regret – Is contextualized through the examination of sanad, matn, time, place, background, and the competence of clarifying authorities. Third, factual verification is integrated with tests of benefit and public appropriateness. The study's novelty lies in formulating digital tabayyun as a layered framework encompassing source validity, content accuracy, contextual precision, public benefit, and publication worthiness. The fatwa therefore does not merely restate the verse's moral message; it operationalizes it as an ethics of producing, consuming, and distributing information in digital spaces.
Ḥifẓ al-Nafs (Protection of Human Life) as a Principle of Fatwa Reasoning: Reconstructing the Hierarchy of Maslahah in Contemporary Islamic Law Sudirman; Muhammad Tawalabeh; Mulham Jaki Asti
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.v5i2.143

Abstract

The protection of human life (ḥifẓ al-nafs) occupies a central position within Maqāṣid al-Sharīʿah, yet its methodological status in contemporary Islamic legal reasoning remains insufficiently theorised. Existing maqāṣid scholarship generally presents the five essential protections as a relatively parallel framework, leaving unresolved how priorities should be determined when competing interests arise in concrete legal and ethical contexts. This article examines whether ḥifẓ al-nafs can function as a foundational principle of fatwa reasoning while preserving the normative significance of other maqāṣid. Employing a qualitative doctrinal and conceptual approach, the study critically analyses formative maqāṣid literature, contemporary reformulations, and recent scholarship on human dignity, rights, welfare, and bioethical reasoning. The analysis develops a reconstructed hierarchy in which ḥifẓ al-nafs constitutes the foundational layer, encompassing the protection of human existence, bodily integrity, dignity, and basic agency. Ḥifẓ al-dīn, ḥifẓ al-ʿaql, ḥifẓ al-nasl, and ḥifẓ al-māl are positioned as mutually reinforcing protections that sustain the conditions necessary for meaningful and socially viable human life. The categories of ḥājiyyāt and taḥsīniyyāt are subsequently reconceptualised as degrees of necessity and refinement rather than merely parallel lists of objectives. The study contributes a normative framework for resolving maqāṣid conflicts by establishing a presumptive priority for protecting human life and fundamental integrity when grave and demonstrable threats occur, while requiring proportionality, contextual assessment, and evidentiary justification in conflicts involving other interests. The proposed hierarchy is interpretive rather than a claim of classical consensus and is intended to strengthen the methodological foundations of contemporary fatwa reasoning.
Fatwa and Maisir (Gambling): The Construction of Masculinity in Cockfighting Practices in Bulukumba Regency A. Aidil Fitri; Sakaria; Nuvida Raf; Muhammad Iqbal; Ahmad Arham Mallu
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.v5i2.146

Abstract

Fatwa institutions in Muslim countries have long prohibited maisir (gambling), yet resistance to these fatwas persists, particularly when the practice is deeply embedded in local culture. This article examines the fatwa on maisir issued by the Indonesian Council of Ulama (MUI) and its reception in cockfighting practices in Kindang Village, Bulukumba Regency. It analyzes how the fatwa is produced, understood, negotiated, and applied within the Bugis-Makassar community, and why its influence on local practice remains limited, particularly as social norms such as siri’ na pacce, masculinity, and ‘urf shape acceptance of and resistance to fatwa authority. The study employs a qualitative case study design, drawing on in-depth interviews with local ulama and MUI members, participatory observation, and analysis of fatwa documents. Data were analyzed using Miles and Huberman's interactive model with source and method triangulation. The analysis is grounded in uṣūl al-fiqh, maqāṣid al-sharī‘ah, and the concept of fatwa authority, supported by sociological perspectives on social practice and masculinity. The findings reveal four points. First, cockfighting contains elements of maisir and is therefore ḥarām according to QS. Al-Mā'idah: 90, ḥadīth, and the MUI fatwa. Second, masculinity in cockfighting is constructed through kewasaktian, controlled bravery, and communal honor (siri’ na pacce), which shape how the fatwa is received and contested. Third, the limited influence of the fatwa stems from inadequate socialization, its predominantly normative character, and the absence of enforcement mechanisms. Fourth, cockfighting constitutes ‘urf fāsid and undermines ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-māl. This study contributes a socio-legal framework for understanding resistance to fatwa by integrating maqāṣid al-sharī‘ah with masculinity theory. It offers implications for strengthening fatwa authority and socialization, and recommends contextual and participatory da‘wah approaches.
Silent Treatment in Millennial Families: A Socio-Legal Analysis of Islamic Family Law and Symbolic Interactionism in Medan, Indonesia Achmad Ramadhan Nasution; Ibnu Radwan Siddik Turnip
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.v5i2.147

Abstract

Silent treatment has become a significant communication problem in millennial families because it can create emotional distance, misunderstanding, and unresolved marital conflict. Previous studies have generally examined silent treatment separately from psychological, communication, or legal perspectives. However, research integrating Islamic family law and symbolic interactionism, particularly among millennial families in Medan, remains limited. This study aims to examine the forms and meanings of silent treatment, its implications under Islamic family law, and its interpretation through symbolic interactionism. This study employed empirical legal research using a socio-legal approach. Primary data were collected from 11 millennial married participants in Medan through in-depth interviews and an online questionnaire. Secondary data were obtained from the Qur’an, hadith, the Compilation of Islamic Law, legislation, and relevant academic literature. The findings reveal two main patterns of silence. First, temporary silence is used to regulate emotions, prevent harmful speech, and prepare for constructive dialogue. Second, prolonged silence is used as punishment, pressure, or emotional withdrawal and can lead to dysfunctional communication. Temporary silence may be acceptable when its purpose and duration are clearly communicated and dialogue is subsequently reopened. Conversely, prolonged punitive silence is inconsistent with mu‘āsyarah bil-ma‘rūf and the Islamic ideals of sakinah, mawaddah, and rahmah. Symbolic interactionism demonstrates that differences between the intended and received meanings of silence can generate negative assumptions and emotional distance. This study contributes an integrated socio-legal framework for distinguishing constructive emotional pauses from harmful silent treatment based on their purpose, duration, effects, and the reopening of communication.
Muslim Community Practice of Ṣalāt al-Janāzah (Funeral Prayer) in the Southern Philippines: A Socio-Legal Study Pahima G. Saguia; Sandra K. Kasan; Rasul A. Gulo; Shahida M. Lintang
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.v5i2.148

Abstract

Ṣalāt al-Janāzah (Funeral Prayer)  is a communal Islamic obligation governed by Islamic legal principles concerning the treatment and burial of deceased Muslims and carried out through community participation and religious authority. This study examined the Muslim community practice of Ṣalāt al-Janāzah in Pageda, Talitay, Maguindanao del Norte, Philippines, focusing on perceptions regarding entitlement to lead the funeral prayer, awareness of its performance, challenges encountered, and interventions perceived to address these challenges. Using a quantitative descriptive research design, the study surveyed 50 selected community respondents, including religious leaders, community members, women, youth, a family member of a deceased person, and a barangay official. Data were collected through a face-to-face questionnaire and analyzed using weighted mean based on five-point response scales. Findings showed that respondents often regarded religious knowledge and recognized religious authority as considerations in determining who should lead Ṣalāt al-Janāzah (M = 3.75). Respondents were fully aware of the performance of the funeral prayer (M = 4.47), while they agreed that religious, cultural, social, and organizational factors present challenges to its implementation (M = 3.94). They also strongly agreed with the proposed interventions (M = 4.84), particularly those involving religious education, qualified guidance, community training, communication, and organized participation. The findings indicate that the practice of Ṣalāt al-Janāzah in Pageda involves the application of Islamic legal and religious principles within a local social context, where religious authority, community roles, cultural practices, and practical circumstances interact. The study contributes to the socio-legal understanding of Muslim funeral practices by demonstrating how Islamic norms are understood and applied within community-based religious practice.
Parental Responsibility for Children's Educational Rights: An Islamic Family Law Perspective among Trading Families in Sei Mencirim Mhd Abdu Syakur; Azwani Lubis
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.v5i2.149

Abstract

Children’s continued schooling does not necessarily indicate that parental educational responsibilities are fully fulfilled when participation in family businesses constrains learning and rest. This study examines parental responsibility for children’s educational rights among trading families in Sei Mencirim Village from an Islamic family law perspective. It employs empirical legal research with a sociolegal approach, using interviews with trading parents, children, and village officials, observations, and documentary research. Qualitative analysis connects field findings with Article 77(3) of the Compilation of Islamic Law and Articles 9(1) and 26(1) of the Child Protection Law, as amended by Law Number 35 of 2014. The findings indicate that parents maintained children’s schooling, but assistance with trading after school, sometimes until nighttime, was associated with reported fatigue, delayed homework, and limited learning support. These conditions reveal shortcomings in everyday educational care relevant to the shared parental responsibility for children’s physical and intellectual development under Article 77(3). The child protection provisions reinforce this assessment through their recognition of educational rights and parental duties of education and care. Economic constraints help explain these arrangements but do not establish that educational responsibilities have been fully fulfilled. The study contributes to contemporary Islamic family law by distinguishing continued educational access from substantive educational care within family businesses. It emphasizes parental arrangements that safeguard learning and rest while recognizing household constraints. The conclusions are limited to the families studied and do not establish economic exploitation.
Protecting Children’s and Women’s Rights: An Analysis of Islamic Family Law on Child Marriage in Indonesia Ricky Ramadona Saputra; Toha Andiko
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.v5i2.156

Abstract

Child marriage in Indonesia persists despite the enactment of Law No. 16 of 2019, which raised the minimum marriage age to 19, partly because the dispensation mechanism allows exceptions to the statutory minimum. This study examines the protection of children’s and women’s rights in the context of child marriage through the lens of Islamic family law. It analyzes the relationship between legal norms and judicial practice, evaluates the consequences of child marriage through the framework of Maqasid al-Shari‘ah, and identifies measures to strengthen legal protection. The study employs normative legal research using descriptive-analytical methods, based on library research and statutory, conceptual, comparative, and case approaches. Legal materials are analyzed qualitatively through systematic classification, interpretation, and deductive reasoning. The findings indicate that declining child marriage rates do not necessarily translate into substantive rights protection. Inconsistencies between the Compilation of Islamic Law and child protection legislation, together with the insufficiently precise definition of compelling reasons for granting marriage dispensations, create regulatory gaps that may undermine children’s rights. Socio-cultural expectations, economic hardship, limited educational opportunities, and family pressures further reinforce vulnerability, threatening the protection of life, intellect, and lineage under Maqasid al-Shari‘ah. This study argues that effective protection requires harmonized legislation, stricter and child-centered judicial scrutiny of dispensation requests, enhanced public education, and sustained support for children already in marriage. It contributes to Islamic family law scholarship by connecting regulatory inconsistencies and dispensation practices with the substantive realization of children’s and women’s rights.
Contract Validity and Fatwa Governance in Sharia-Compliant Fintech Lending Services Restu Fitria Ningsih; Harwis Alimuddin; Ilham Putra Usmayani; Amin Mujahid Bin Hurbi; Reno Ismanto
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.v5i2.157

Abstract

Sharia-compliant fintech lending in Indonesia is intended to provide an alternative to conventional online lending. However, previous studies have largely addressed contractual structures, riba and gharar, or Sharia governance independently, leaving insufficient explanation of why contracts bearing Sharia-compliant labels may diverge from Sharia principles in practice. This article investigates the relationship between contractual validity, the implementation of DSN-MUI fatwas, and digital transaction mechanisms in determining the Sharia legitimacy of fintech lending. It employs normative legal research with qualitative analysis of primary legal materials, including DSN-MUI Fatwa No. 117/DSN-MUI/II/2018, relevant contractual fatwas, OJK Regulation No. 40 of 2024, and legislation governing electronic transactions and personal data. Relevant peer-reviewed literature supplements the legal analysis. The materials are examined deductively and compared across sources. The findings indicate that compliance with the essential elements and conditions of qardh, wakalah bil ujrah, murabahah, mudharabah, and musyarakah does not independently establish substantive Sharia compliance. Contractual legitimacy may be undermined when fees are directly linked to loan principal, partnership arrangements guarantee predetermined returns, or standardized electronic consent obscures material costs and risks. Although Sharia supervision, personal data protection, and ethical debt collection are not constitutive elements of contracts, they remain essential regulatory and consumer protection obligations. This study develops an integrated analytical framework connecting contractual validity, fee transparency, risk allocation, informed consent, and Sharia supervision. As the research does not involve direct observation of fintech platforms, its conclusions address the normative requirements governing contractual design rather than the actual operational practices of specific providers.
Fatwa as a Knowledge Construct: An Epistemological Framework for Assessing Its Validity Rahmatunnair
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.v5i2.162

Abstract

Fatwas play a role in guiding Muslim responses to emerging social, economic, and technological issues. However, their authority should not be assessed solely through normative religious legitimacy; it also depends on the epistemological quality of the knowledge they produce. This study examines fatwas as constructions of Islamic legal knowledge and develops an integrative framework for evaluating their epistemological validity. Employing a qualitative-philosophical approach through library research, it analyses classical and contemporary works on uṣūl al-fiqh, Islamic legal reasoning, epistemology, and theories of knowledge validity. The analysis focuses on the integration of revealed sources—the Qur’an, Hadith, ijmāʿ, and qiyās—with empirical knowledge relevant to contemporary contexts, supported by istinbāṭ al-aḥkām, maqāṣid al-sharīʿah, and rational, interdisciplinary ijtihād. The study proposes four principal criteria for examining fatwa validity: consistency, coherence, correspondence, and argumentative accountability. These criteria assess conformity with Islamic legal principles, logical soundness, empirical accuracy, and methodological transparency. The framework positions fatwas as normative, rational, systematic, and contextually responsive products of Islamic legal knowledge that remain open to academic examination.

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