READING FATWAS OF MUI A PERSPECTIVE OF MAṢLAḤAH CONCEPT

Human benefit and goodness are the main objectives of every form of regulation, including the fatwas of the Council of Indonesian Ulama (MUI). One of the fatwa fields issued by MUI is family law. The main focus of this paper is to reread and analyze the fatwas of the MUI in the field of family law with the perspective of the concept of majority fuqaha masses which have also been published in the MUI Fatwa concerning the Maslahat No. 6 / MUNAS VII / MUI / 10/2005. These fatwas, are seen using the concept of maslahat, sometimes include to the category of maṣlaḥahmu‘tabarah, maṣlaḥahmursalah, and there are indications of several fatwas that include to the category of maṣlaḥahmulghah. The fatwas of the MUI in the field of family law referred to in this article is a fatwa on Abortion, concerning Differential Marriage, about Different Religions, About Marriage Under the Hand (sirri, not recorded), and about Tourism Marriage.

The MUI in its fatwa guideline states that the fatwa issued must be through the established legal procedure (istidlāl), which must be based on the Qur'an's argument, the hadith which is mu'tabar and must not conflict with the benefit of the people.
Related to the last condition, that is, it must not conflict with the benefit of the people, the writer has two assumptions, first, that which should not conflict with the benefit of the people is the argument of the Qur'an and hadith. Second, that which should not conflict with the benefit of the people is the product of the MUI fatwa. The first assumption has the understanding that benefit is the main argument for the other two arguments. 2 Amin at.all., Himpunan Fatwa Majelis Ulama Indonesia Sejak 1975, 14. 2 This concept is stated by Najm al-Dīn al-Ṭūfī when describing maṣlaḥah as the basis of the main law. Regarding al-Ṭūfī can be read in Najm al-Dīn al-Ṭufī, Sharḥ al-Arba"īn al-Nawāwī in MuṣṭafāZayd, al-Maṣlaḥah fi al-Tashrī' al-Islāmī wa Najm al-Dīn al-justified where the priority is given to the text.
The second assumption has the understanding that the fatwa issued by the MUI must not conflict with the benefit of the people. The main object in the second sense is about the results or product of the fatwa. The main proposition in this sense is the Qur'an and hadith, then the results of the taking of the two arguments which will be used as a determination of fatwa. Thus the fatwa is considered to have accommodated benefit, or in other words reality or context must be subject to the text. Whatever the condition of the community, it still must be subject to the existing texts because they are considered to contain benefits. The question that arises next is what if it turns out that the text (naṣṣ) is contrary to benefit? Which is the main proposition in the case? Related to the case, there are two answers, first, that the provision of texts must still be used as a proposition, which is why the benefit of the people must obey and comply with the provisions of the text. The second relates to the first assumption that the benefit of the people must take precedence over the Ṭūfī(Kairo: Dār al-Fikr al-"Arabī, 1964).Najm al-Dīn al-Ṭufī, SharḥMukhtaṣarRauḍah(Beirut: Mu"assasah al- Risālah, 1990). MaskurRosyid, ImplementasiKonsepMaslahat al-Ṭūfīdalam Fatwa MUI (2005-2010 (Magelang, NgudiIlmu, 2013).  Law and Society 12, 2, Leiden (2005). 6 Al-Ghazzālī's opinion which is used as one of the bases for determining the fatwa is taken from his essay entitled al-MustaṣfāJuz I pages 286-287 as follows. ‫ام‬ ‫املصلحت‬ ‫فهي‬ ‫عباسة‬ ‫فى‬ ‫الاصل‬ ‫عن‬ ‫جلب‬ ‫منفعت‬ ‫او‬ ‫دفع‬ ‫مضشة‬ etc. 7 Al-Shāṭibī in al-MuwāfaqātJuz II, 39-40 he stated that every basis of religion (benefit) which was not appointed by a particular nass and he was in line with the act of sharak and its meaning was taken from the arguments of the sharak, then that was true, could be used as a legal basis and reference. Thus if the problem -based on the conclusions of several arguments -can be ascertained the truth. Because the arguments do not have to show legal certainty on their own without being combined with other arguments, because that is difficult to happen.Al-Shāṭibī, Al-Muwāfaqāt fi Uṣūl al-Aḥkām (Mesir: Dār al-Fikr, 1341 H), II, 39-40. This statement was quoted by MUI as one of the basis of the fatwa, K.H. Ma"ruf Amin at.all., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 489. 8 K.H. Ma"ruf Amin at.all., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975 In Opwis' research it was said that Khallāf in his perspective on maslahat preferred to affirm the conventional theory which was assumed to be established rather than formulating a new theory, Felicitas Meta Maria Opwis,"Maṣlaḥah in Contemporary Islamic Legal Theory" 190. Jurisprudence which discussed again about maṣlaḥah with terms maṣlaḥah mursalah and at the same time completely refused the use of maṣlaḥahmulghah. This is what happened in the MUI fatwa on the criteria of the maṣlaḥah who want to reaffirm the maṣlaḥah theory that has been put forward by the jurists. That the benefit received is a problem that is in line with the text or in line with the intent contained in the text, so that the problem that conflicts with it must be rejected.
Although not only bound by one school, for example the al-Shāfi"ī school or the Mālikī school, but the MUI did not dare to get out of the opinion of the priests of the school. In this matter, Nadir said that most of the MUI fatwas constituted a repetition of what had been explained by the previous clerics and there was no new fatwa issued by the MUI. 10 It seems that this opinion is correct but not one hundred percent because in some cases there are cases that have never before existed and have never been explained by the scholars. 11 10 Nadirsyah Hosen, "Behind the Scenes: Fatwas of Majelis Ulama Indonesia 1975-1998"Journal of Islamic Studies, 15:2. 2004 Some of these new cases include cases of food and medicine, as well as labeling or halal certificates for processed food. More complete reading; K.H. Ma"ruf Amin at all., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 593-etc.. Back to the theme of the problem used by the MUI, that in terms of not being contradictory to the text of the MUI it does not explain in detail about the intended text. However, by looking at the guidelines used by MUI, which is in line with the number of scholars, it can be concluded that the texts in question are texts that qaṭ'ī is not the ẓannī. In this connection, the MUI explained that Islamic law is divided into two, first qaṭ'ī laws and the two ẓannī laws, without further explaining the understanding of both. 12 The possibility of two divisions of Islamic law is in line with the meaning of the texts qaṭ'ī and ẓannī.
Because then the MUI said that if it turns out the problem posed after being examined is a problem with the qat'ī law and found in ijmā" which is mu'tabar then the fatwa must be reported as it is and does not need to do ijtihād because the law which is qaṭ'ī is assumed to be a law may be contested. 13 On the other hand, if the problem is included in the legal issue that is ẓannī, then the MUI will carry out ijtihad. the contents of the verse are not different from those found in the surah al-An"ām above, namely the prohibition of killing a soul that is forbidden by Allah except for justified reasons. 21 The verse in the surah contains the life after death. This is true, to convince those who doubt the resurrection after the death of God then to continue by explaining the beginning and process of human creation. 22 This verse only explains about the process of human creation, and does not explain the topic of discussion, namely the law on abortion. 23  Explicitly, the problem of abortion is not mentioned in the Qur'an above, so the law of temporary abortion is analogous to the law of killing. That is, the qiṣāṣ

Marriage
Interfaith marriage is an old issue but always a hot issue to be discussed. 32 The problems of interfaith marriage will be Discussions about interfaith marriages in DewiSukarti's research fall into three categories. First, the category of liberals, which tries to harmonize the text with universal human rights, especially related to marriage. According to this group, religion cannot be used as a partition to carry out marriage, so even though it is different in religion, a woman and a man can still have a marriage. Second, the conventional category. This group tries to safeguard the values in the text while separating them from human rights. This means that interfaith marriage in the view of the second group cannot be done. Third, the category of secular agnostics, which views the issue of marriage as a personal matter of man, therefore religion cannot interfere.     Amin et al.,Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 481. 55 This maṣlaḥah belongs to the type of mulghah because it is contrary to Nash. The majority of scholars agree not to allow use as a legal proposition. 56 QS. Al-Mā"idah (5) Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 483. 61 The verse in surah al-Nisā 'explains about the parts of each of the ahl heirs. The problem regarding inheritance of different religions is not explained in the verse. The provisional conclusion of the verse says that even though heirs and heirs of different religions, each has the right to inherit. 62  The word millatayn in the hadith means two different religions namely infidel and Islam so that the content is the same as the previous hadith which states the prohibition of mutual inheritance between Muslims and non-Muslims. The hadith has two strengths in terms of sanad, the first is considered as a legitimate hadith, and the second is considered as ḥasan hadith. More complete reading; al-Kaḥlānī, Subul al-Salam, III:99. 65 The MUI's decision on the inheritance of different religions in K.H. Ma"ruf Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 485. found in the Surah al-Nisā'verse 11, but also in verses 8, 12, and 13. The whole verses only regulate inheritance in general, and are related to cases that are currently  Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975,531. marriage as one of the signs of God's power so that by marriage humans will feel at ease, 75 then the second verse is a general rule that every human being is obliged to obey to Allah, Rasul, and ulilamri (government). 76 Amin at.al, Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 532. 78 This hadith is popular as a sign of the criteria for the candidate pair covering four things; wealth, manners, appearance and religion. But closed with ‫فاظفش‬ ‫بزاث‬ ‫ن‬ ‫الذ‬ ‫جشبذ‬ ‫ذاك‬ which carries the similarity of religion as a basis for carrying out marriage.K.H. Ma"ruf Amin at.al, Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 532. 79 This hadith is mentioned as the first step in the marriage recording law, namely. ‫اولم‬ ‫ولى‬ ‫بشاة‬ namely regarding the order to announce marriage. See; K.H. Ma'ruf Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975, 533. 80 The content of the hadith is almost the same as the previous hadith, namely the command to announce marriage, only if the previous hadith uses the editorial word "walimah", then the method of announcement contained in this hadith is with musical instruments such as tambourine. It is important to note that undermarriage or sirri marriage is defined as a marriage that has fulfilled all the terms and conditions of marriage stipulated in conventional Islamic law. This is important, because this definition is different from that given by traditional jurists as a marriage that is kept secret by the parties, such as being kept secret to family, society, or the general public. So that the ambiguity of marriage under the hands or sirri marriage need not be discussed again.
Underhand marriage is studied with the theme of Sirri marriage and is closely related to the function of witnesses in marriage. Al-Sarakhsī states that in the Ḥanafiyyah perspective, the witness is one 85 The decision of the MUI fatwa on marriage is under the hands of the first point in K.H. Ma"ruf Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975,534. 86 The decision of the MUI fatwa on marriage is under the hands of the second point in K.H. Ma"ruf Amin et al., Himpunan FatwaMajelis Ulama IndonesiaSejak 1975,534. of the pillars in marriage, 87   . Muḥammad bin Idrīs al-Shāf"ī, al-Umm (T.tp: tp, t.th), V: 19, 151. 91 This opinion is based on the hadith also used by al-Shāfi"ī above. Ibn Qudāmah, al-Mughnīwa al-Sharḥ al-Kabīr (Beirut: Dār al-Fikr, 1984    if applied to the current conditions. Such marriage is unconsciously detrimental to many parties, so the old paradigm must be changed by adding one condition, namely that marriage must be listed.

Fatwa About Tourism Marriage
Tourist   Besides being ḍarūrī, it is also kulliyāt, and qaṭ'iyyāt. 104 104 The requirements for the three criteria are different from one character to another. Al-Ghazzālī, The requirement is that it is applied by al-Ghazzālī as a provision that must exist when it will be used as a legal proposition. 105 The example he put forward was related to the ability to kill a Muslim who became a prisoner of war and made their shield. The killing ability is based on the assumption that by not killing these prisoners, the lives of the Muslims can be dangerous. 106 Therefore, the terms ḍarūrī, kullī, and qaṭ'ī must absolutely be present in maṣlaḥahmursalah.
The majority of scholars also agreed on the inability to use maṣlaḥahmulghah as a legal proposition. 107 MaṣlaḥahMulghah is interpreted as a benefit that is contrary to the existing argument. It can also be interpreted as a problem which is clearly The fatwa of the MUI which is the main concern of this paper will be grouped through the classification of the maṣlaḥah 108 See for example in the "limit theory" proposed by Shahrur, which states that in terms of inheritance women can be equal to men, meaning 1: 1 with men. Of course this is contrary to the text which states that women are half a part of men. This theory uses contemporary reading (qirā'ahmu'āṣirah) rather than using the traditional maslahat approach. Through this paradigm, he tries to position the text as a flexible proposition, meaning that a law sometimes moves at the lower and upper limits so that the legal provisions can be looser and more flexible. MuḥammadShahrūr, NaḥwaUṣūlJadīdah al-Islāmī: Fiqh al-Mar'ah (al-Waṣiyyah, al-'Irth, al-Qawāmah, al-Ta'addudiyyah, al-Libās) (Suriyyah: al-Aḥālīlī al-Ṭabā"ahwa al-Nashrwa al-Tawzī", 2000), 222. MunawwirSjadzali was mentioned as a national figure who also tried to actualize maslahat, as Shahrūr, Sjadzali also offered the concept of al-Musāwah in inheritance, namely 1: 1 between women and men, see  The fatwa reads "Abortion is unlawful since the occurrence of implantation of blastocyst on the mother's uterine wall (nidasi)". K.H. Ma"ruf Amin et al., Himpunan Fatwa Majelis Ulama IndonesiaSejak 1975, 462. 110 The fatwa reads "Islamic inheritance law does not give mutual inheritance rights between people of different religions (between Muslims and non-Muslims)". K.H. Ma"ruf Amin et al., Himpunan Fatwa Majelis Ulama IndonesiaSejak 1975, 485. 111 The fatwa reads "Tourism marriage as referred to in the general provisions of the law is haram because it is the marriage of mu'aqqat (temporary marriage) which is one form of mut'ah marriage". K.H. Ma"ruf Amin et al., Himpunan Fatwa Majelis Ulama IndonesiaSejak 1975, 566. because it has the same "illat (ratio legist) law, which is both giving a period of time.
Because marriage is punished illegally, tourist marriage is also the case. This fatwa is the same as the MUI concept about maṣlaḥah.
The fourth fatwa that uses the  Amin et al., Himpunan Fatwa Majelis Ulama IndonesiaSejak 1975, 534. 113 The fatwa is contained in the MUI fatwa on marriage under the second hand as follows. "Marriage must be officially registered with the authorized agency, as a preventive step to reject the negative impact (maḍarrah) (sadd li al-dharī'ah)." K.H. Ma"ruf Amin et al., Himpunan Fatwa Majelis Ulama IndonesiaSejak 1975, 534. relevant to the present age because it corresponds to space and time.
Third, the fatwa of the MUI which uses maṣlaḥahmulghah as the basis of its fatwa is two fatwas. The first fatwa concerning the ability to have an abortion is because of the elements ḍarūrī, qaṭ'ī, ḥājī,