KONTRIBUSI FATWA MAJELIS ULAMA INDONESIA DALAM PEMBENTUKAN HUKUM POSITIF DI INDONESIA

Abstract

The Republic of Indonesia is a constitutional state, where all actions and behavior must
be based on law. Muslims in Indonesia often face problems due to technological advances
and times that require legal certainty in accordance with Islamic law. In order to deal with
this problem, the Indonesian Ulema Council as an institution engaged in the field of religion
as well as a government partner provides answers through fatwas. Fatwas in positive law
occupy a position as a source of law and cannot be enforced. Therefore, fatwas must be
transformed into positive law.
This type of research is normative research, where this research uses a research
methodology of the legal principles that exist in the formation of legislation, namely the
principle of openness and the principle of legal certainty. The data source used was
secondary data, with the literature review method, after the data was collected then analyzed
to draw conclusions.
From the research results, it is concluded that, First, the Indonesian Ulema Council is
not a state institution, it is in the infrastructure element (the socio political sphere), more
precisely non-governmental organizations (NGOs). Second, the contribution of the MUI fatwa
in the formation of positive law in Indonesia is quite influential, this can be seen by the birth
of various kinds of laws and regulations whose source comes from the MUI fatwa itself,
considering the MUI fatwa in Islamic law as a source of law and in positive law in Indonesia
can be categorized as a source of law in the form of legal or religious doctrine / opinion.
Keywords: Positive Law - Fatwa - Indonesian Ulema Council