| dc.contributor.author | IFALATIFAFITRIANI, IFALATIFAFITRIANI | |
| dc.date.accessioned | 2017-07-21T03:13:58Z | |
| dc.date.available | 2017-07-21T03:13:58Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/11661 | |
| dc.description | Positionand acceptance on fatwa of Council of Indonesian Ulama (MUI) in Indonesian legal system
are questioned again. Generally fatwa is considered as unforcefull legal interpretations which cannot be
equated with a court decision or qanun (the acts). On Indonesian legal system, MUI and its fatwa position
in Indonesia are complex enough to be classified. On one side, MUI is not a state organ and the productsare
not legally binding, but on the other side, both of them influence State and Muslim citizens legally, socially
and politically. The acceptance of the fatwa by government, either fatwa of Sharia National Board or
Fatwa Commission, is also depend on what State regulated in theActs. It can be influenced by directindirect
legitimation of MUI, and it affects whether adopting fatwa fully or its principle only in the formal
laws. Regarding the acceptance and the position of fatwa in religious court, it is concerned on the Islamic
finance dispute settlement cases. Related to the issue, although fatwa is the sole resource of Islamic transaction
and there is a Compilation of Sharia Economic Law legalized and adopted mostly from the fatwas,
but the used is quiet invisible, especially utilizing fatwa on ‘unlawful act’, particularly claim of ‘it is against
sharia principles’ as its reason of case (fundamentumpetendi). | en_US |
| dc.description.abstract | Positionand acceptance on fatwa of Council of Indonesian Ulama (MUI) in Indonesian legal system
are questioned again. Generally fatwa is considered as unforcefull legal interpretations which cannot be
equated with a court decision or qanun (the acts). On Indonesian legal system, MUI and its fatwa position
in Indonesia are complex enough to be classified. On one side, MUI is not a state organ and the productsare
not legally binding, but on the other side, both of them influence State and Muslim citizens legally, socially
and politically. The acceptance of the fatwa by government, either fatwa of Sharia National Board or
Fatwa Commission, is also depend on what State regulated in theActs. It can be influenced by directindirect
legitimation of MUI, and it affects whether adopting fatwa fully or its principle only in the formal
laws. Regarding the acceptance and the position of fatwa in religious court, it is concerned on the Islamic
finance dispute settlement cases. Related to the issue, although fatwa is the sole resource of Islamic transaction
and there is a Compilation of Sharia Economic Law legalized and adopted mostly from the fatwas,
but the used is quiet invisible, especially utilizing fatwa on ‘unlawful act’, particularly claim of ‘it is against
sharia principles’ as its reason of case (fundamentumpetendi). | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | Fatwa of MUI, Indonesian legal system, Religious court. | en_US |
| dc.title | POSITION AND ACCEPTANCE OF FATWA OF COUNCIL OF INDONESIAN ULAMA (MUI) BY THE STATE IN INDONESIAN LEGAL SYSTEM AND RELIGIOUS COURT | en_US |
| dc.type | Book | en_US |
