2023-11-23 15:26:47
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Anis Masykhur
Doctor of Islamic Law at UIN Sunan Gunung Djati Bandung
Faculty Lecturer. Syariah UIN Syarif Hidayatullah Jakarta
PUBLICATION MUI fatwa No. 83 of 2023 concerning the Law on Support for Palestinian Fighters has sparked controversy in society. Point No. 3, which states that “Supporting Israeli aggression against Palestinians or parties who support Israel, either directly or indirectly, is haram,” is understood in various ways.
read also: MUI Fatwa on Boycotting Israeli Products, This is Buya Yahya’s Response
However, the first verbal explanation that stated that buying products affiliated with supporters of Israel meant supporting them indirectly had serious repercussions.
This fatwa provoked a sharp polemic in society, because if explained in more detail, most of the things around Indonesian society were clearly affiliated. There are those who try to “escape” from the fatwa by saying that the fatwa is not binding, it may or may not be obeyed.
This article does not intend to sharpen the debate between whether or not it is permissible to buy affiliated products, but rather on the positioning of fatwas in Islamic law. The issuance of a fatwa from a person or group of mujtahid scholars must be carried out carefully and cautiously, because it will become the legal basis for the implementation of a Muslim’s worship.
So it is said that if a scholar is “extravagant” in issuing a fatwa, it also shows carelessness and stupidity. In the history of the production of Islamic law, the opinions of mujtahids always start from a fatwa and then compiled by their students and then become “legal rulings” which are then used as a basis (jurisprudence) in the implementation of worship.
read also: MUI Issues New Fatwa: It is Haram to Support Israeli Aggression against Palestine
For example, the scholars issued a fatwa on the obligation to perform salat by digging from several commands of Allah SWT in the Al-Quran (among them) QS 2: 43, “And establish salat, and pay zakat, and bow down with those who bow down.”
The mujtahid scholars then issued the rule “al-ashlu fi al-mri lil wujub”, which means that in fact the order indicates an obligation. That is the basis of the fatwa on the obligation of prayer. Then, later people understand that prayer is obligatory worship, because of the fatwa which is the product of the ijtihad of the scholars.
#Fatwa #NonBinding