Book contents
- Frontmatter
- Contents
- Acknowledgements
- Introduction
- 1 Understanding Religious Mode of Thought
- 2 Fatwa in Islamic Legal Theory and Indonesian Legal System
- 3 The Dialectics of Religious Pluralism: The Fatwa and its Challengers
- 4 The Fatwā on Sectarianism and its Social Implications
- 5 Fatwa of Bath al-Masail Nahdlatul Ulama’
- 6 The Fatwa of Majelis Tarjih Muhammadiyah
- Conclusion
- Appendix: Fatwa of Majelis Tarjih 1999-2010
- Bibliography
- Index
- Frontmatter
- Contents
- Acknowledgements
- Introduction
- 1 Understanding Religious Mode of Thought
- 2 Fatwa in Islamic Legal Theory and Indonesian Legal System
- 3 The Dialectics of Religious Pluralism: The Fatwa and its Challengers
- 4 The Fatwā on Sectarianism and its Social Implications
- 5 Fatwa of Bath al-Masail Nahdlatul Ulama’
- 6 The Fatwa of Majelis Tarjih Muhammadiyah
- Conclusion
- Appendix: Fatwa of Majelis Tarjih 1999-2010
- Bibliography
- Index
Summary
In examining legal opinion (fatwā) in Indonesia, this thesis has confined itself to focusing on selected legal opinion (fatwā) in the post-New Order (Orde Baru) issued by three major fatwā-making agencies (dār al-iftāʼ) namely Majelis Ulama’ Indonesia (MUI), Lajnah Baḥth al-Masāil Nahdlatul Ulama’ (LBM-NU), and Majelis Tarjih Muhammadiyah. These fatwā-making agencies have been selected because of their wide influence within the Muslim community of Indonesia. While numerous legal opinion (fatwā) have been pronounced in this period, inevitable constraint of the thesis necessitates confining our examination to a selection of those which have significant consequences on Muslims in Indonesia's plural and rapidly changing society. The legal opinion (fatwā) that have been selected include those that deal with issues relating to pluralism and modernity. This study elucidates the distinct processes and methods used by these agencies in arriving at legal opinion (fatwā). It also examines the contextual circumstances conditioning their genesis. Justifications adduced for these legal opinion (fatwā) are also examined. Another major dimension explored is how legal opinion (fatwā) is conditioned by modes of thought of the groups that issue them. The interplay between competing modes of thought between and within a specific agency is also discussed. This trajectory reveals legal opinion (fatwā) as a site for competing modes of thought of dominant agencies within the Muslim community of Indonesia and analyses the unconscious motives of group thought. The overriding concern of this study is the implications of legal opinion (fatwā) on the well-being of Indonesia's plural society and the extent to which it facilitates adjustment to the demands of modernity and social change. It is hoped that these central problems which this thesis investigates contributes to enhance understanding of legal opinion (fatwā) in Indonesia beyond existing scholarship.
This study reveals the variety of modes of thought of the three selected fatwā-agencies in Indonesia. The influence of modes of thought in the formation of legal opinion (fatwā) by MUI, Majelis Tarjih Muhammadiyah, and Lajnah Baḥth al-Masāil NU are enormous. Three types of religious orientations that are discussed in this study are traditionalism, revivalism and reformism. Given diverse ways in which these terms have been used in scholarship and popular usage, this thesis elucidates their sociological meanings to ensure consistency and clarity and avoid confusion.
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- Fatwa in IndonesiaAn Analysis of Dominant Legal Ideas and Mode of Thought of Fatwa-Making Agencies and Their Implications in the Post-New Order Period, pp. 271 - 278Publisher: Amsterdam University PressPrint publication year: 2017