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Jurnal Syntax Admiration |
Vol. 3
No. 12 December 2022 |
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p-ISSN : 2722-7782 e-ISSN : 2722-5356 |
Social
Engineering |
The
Indonesian Ulema Council Fatwa Analysis on The
Environment and Their Relationship to The Green Economics Concept Development
Iiz Izmuddin, Rusyaida, Gusril Bashir, Pendi Hasibuan, Awaluddin
UIN Sjech
Djamil Djambek Bukittinggi, Indonesia
Email: [email protected],
[email protected], [email protected], [email protected],
[email protected]
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ARTICLE INFO |
ABSTRACT |
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Received 3 Desember 2022 Revised 17 Desember 2022 Approved 26 Desember 2022 |
The
Majlis Ulama Indonesia is an independent institution tasked with providing
answers to religious and social issues of the people. As an independent
institution, the MUI has the responsibility to issue fatwas that can promote
the benefit of society and the environment so that shared prosperity can be
realized. At this time the MUI has issued a Fatwa on the environment which
aims to protect and maintain the sustainability of the existing ecosystems in
every community environment. Of course this needs to
be analyzed whether the MUI fatwa has met the sustainability aspects and its
linkages with green economic aspects as a measure of environmental welfare.
The methodology used in this research is qualitative with a content analysis
approach, (literature study), namely by analyzing the books and fatwas
related to this research, so that conclusions can be obtained. The results of
this study indicate that the method and analysis of environmental
sustainability in MUI fatwas related to the environment have used methods
that are commonly used so far, while the contents of the fatwa are related to
sustainability of the existence of ecosystems and the environment, but MUI's
arguments have not included the latest research results. about the
environment. MUI fatwas related to the environment have accommodated green
economic principles as seen in the general provisions contained in the fatwa
decisions. |
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Keywords: MUI
Fatwa, Environment, Green Economic. |
Introduction
Environmental sustainability has become a special concern
for developed countries by making very significant efforts. One piece of
evidence is the emergence of the Stockholm Declaration whose main content is
environmental matters. The discussion on the environment in this declaration
was then followed by a discussion on development through the Rio de Janeiro
Declaration which sparked the concept of sustainable development by linking
development and the environment. Sustainable development is a concept that
seeks to anticipate the sustainability of the environment after the use of
natural resources by humans and in the end the next generation can still
utilize and use these natural resources (Valk, 2009);
(Issar & Zohar, 2007).
Today various countries are faced with the problem of
degradation of natural resources, energy, environment and food resources.
Exploitation of non-renewable natural resources worsens environmental resources
due to human behavior that is not environmentally friendly. Meanwhile, threats
due to climate change and global warming are increasingly reducing the
sustainability of the earth in meeting the needs and welfare of mankind in the
world (Taylor, 2011).
To address this serious problem that touches upon vital human basic needs, it
seems that the concept of a green economy is vital which can provide an answer
or solution, namely an economy that is built and implemented to address climate
change, prevent further greenhouse gas emissions and so on. In green behavior,
humans are required to prioritize the use and economize on the use of renewable
natural resources. So it is this human paradigm towards their environment that
needs to be changed so that their attitudes and behavior are more wise and
prudent in interpreting and treating nature (Sutton & Anderson, 2020).
Indonesia, a country rich in mineral natural
resources, has also paid the same attention. For this matter, the Indonesian
state has made sustainable development regulations through Law Number 32 of
2009 concerning the Protection and Management of the Environment, especially
stated in Article 1 number 3 (Awatara, 2015).
A planned and conscious effort by integrating economic, social and
environmental aspects is a strategic step in providing guarantees for safety,
capability, integrity and welfare, so that the quality and quality of life for
present and future generations can continue. Attention to the environment is of
course not only the responsibility of the government but every community has
concern in protecting and preserving the environment (Rasyid, 2014).
Green economic principle Prioritizing use value,
intrinsic value and quality, this is the basic principle of green economy as a
service economy, centered on end result and environmental requirements. Then
waste is food, nature does not recognize waste so that part of the waste must
be converted and has use value for society (Djajadiningrat, 2018).
Another aspect of the green economic principle is diversity, in a world of
constant change, health and stability will depend on diversity. This applies to
all levels/diversity (types of plants, animals, ecosystems and regions), as
well as social and diversity ecological organization. Including ecologically
based economic design should include community participation in the
decision-making process.
Indonesia as the largest Muslim country in the world
certainly has a very large role in realizing environmental care and
sustainability, this aspect has certainly become a big agenda for the
Indonesian government, through the program of extension training activities, so
as to build awareness of the importance of preserving the environment. As a
large Muslim country, of course Indonesia's role is very strategic in realizing
environmental harmony, as well as setting an example for the international
world.
The Islamic teachings that are adhered to by most of
the Indonesian people certainly teach how to protect nature and the environment
so that it is always beneficial and sustainable for the future of this
country's descendants. The role of ulama and community leaders is very
important in realizing environmental sustainability so that it is always
maintained and maintained. The Indonesian Ulema
Council as an institution that protects and answers and directs related to
religious and socio-cultural issues has issued several fatwas related to the
environment such as (1) MUI Fatwa Number: 22 of 2011 concerning Environmentally
Friendly Mining, (2) MUI Fatwa Number: 04 of 2014 concerning Preservation of
Endangered Animals to Maintain Ecosystem Balance, (3) MUI Fatwa number: 41 of
2014 concerning Waste Management to Prevent Environmental Damage, and (4) MUI
Fatwa number: 30 of 2016 concerning Laws on Forest and Land Burning and Their
Control. This fatwa proves that the existence of the Indonesian Ulema Council (MUI) has contributed to environmental
concern and its sustainability (Amin, 2008).
The role of religion in carrying out its spiritual
function of protecting the environment is a step that must be optimized,
because if not, then religion will be in a dark area. In fact, it is religion
that is expected to be able to maintain and prepare the environment for the
future, which is not decreasing and increasing damaged, but should increase and
be more sustainable, by applying religious teachings and spiritual values of
religion and environmental ethics that are comprehensive and universal (Marzuki, 2013).
Fatwa is a religious review and review issued by the
MUI, of course it has aspects of content related to the method and purpose of
the fatwa, so that the fatwa has a strong basis and argument in encouraging the
public to carry out what is fatwa. Environmental fatwas and waste management to
prevent environmental damage are of course based on analysis and the phenomenon
of increasing environmental damage and the lack of public attention to the
environment. But how does the fatwa of the Indonesian Ulema
Council see the concept of fatwa as a reference built on the basis of economic
arguments and the sustainability of environmental ecosystems, it is necessary
to analyze the fatwa.
Green economics is a global issue related to the
increasing damage to the environment and the ecosystems within it so that green
economics does not only show the safety of the ecosystem and solutions but how
sustainability and stakeholder engagement with the environment (Adnyana & Primasari, 2020).
Of course, as a global issue, it is important to see how the legal arguments
and economic analysis of the fatwas issued by the Indonesian Ulema Council regarding the environment in Indonesia. Has
the MUI fatwa related to the environment accommodated sustainability and the
government's involvement in environmental concern? Is the MUI fatwa methodology
related to the environment analyzed using a green economic approach and
sustainability development goals, for the goal of realizing the sustainability
of environmental ecosystems and the future of the earth in the long term.
Method
This study uses library research procedures or literature
research with descriptive-analytic study techniques. The data used is in the
form of a review of library materials, both primary and secondary, relating to
MUI Fatwa Number 22 of 2011 concerning Environmentally Friendly Mining, (2) MUI
Fatwa Number: 04 of 2014 concerning Preservation of Endangered Animals to
Maintain Ecosystem Balance, (3) MUI Fatwa number: 41 of 2014 concerning Waste
Management to Prevent Environmental Damage, and (4) MUI Fatwa number: 30 of
2016 concerning Laws on Forest and Land Burning and Its Control. sources of law
and the arguments used, as well as the basis for the consideration of the
issuance of the fatwa. Furthermore, the description is analyzed based on the perspective
of the objectives of Islamic law, namely maqasid al-shari'ah (Arikunto, 2017);
(Bungin, 2007).
Results and
Discussion
A. How is the method, and environmental sustainability analysis
in the MUI fatwa related to the environment
The Majlis Ulama Indonesia is an
institution authorized to provide answers related to religious and social
phenomena. The answer is that the MUI fatwa legally does not bind the community
directly, at least the fatwa encourages and provides support to policy makers
related to the aspects in the fatwa. MUI in issuing fatwas always uses fatwa
methods that are common in a study of fiqh and fiqh proposals, by conducting a legal analysis of the texts
of the Koran and hadith as well as the ijma' of the clergy as part of producing
a law in fatwas (Ulum, 2014);
(Muhyiddin, 2014).
Like the article written by Muhaimin about fatwa No. 22 of 2022 regarding
environmentally friendly additions, it shows that the fatwa method which is
commonly used in the form of efforts by scholars to find legal formulations
through the process of ijtihad uses several methods that pivot on two
orientations; tariqah lafdhiyyah
(study of language) and tariqah ma'nawiyah
(finding the meaning of the texts). Tariqah lafdhiyyah is carried out by using all linguistic devices
to find the textual meaning of the text, while tariqah
ma'nawiyah is carried out by trying to find the legal
intent and purpose that emerges from the text. The aims and objectives of the
law are then used as a measuring tool in addressing the realities and legal
problems faced. The step of discovering the aims and objectives by Ushul Fiqh experts is called the maqashid al-shari'ah approach (Djalaluddin, 2009);
(Dahlan, 1997);
(Al-Syatibi, 2003).
Of course, this stage is common for
every scientific reason and legal logic that is always used by the MUI in
providing answers to questions and legal issues that exist in society. Every
fatwa issued by the MUI always considers general aspects related to the aspects
to be decided in the fatwa. This general aspect is always seen in the basic
framework contained in the Koran and Sunnah as a reference for legal logic to
provide the basis for the arguments for the given fatwas. Al-Quran and Hadith
are the main sources and references in every fatwa issued, of course this has
answered the representation of normative aspects and values that must be
applied in accordance with Allah's commands in the Koran.
The sequence of fatwas used in
general aspects contained in the Koran and Hadith has been accepted by the
Islamic community, that the general element of the Koran by applying universal
values in explaining the argumentative fatwa corridor is part that must be
guided by the Indonesian Ulema Council from every
decision issued. Even the Indonesian Ulema Council
has included in the fatwa method regarding the opinion of the Ulma as part of the consideration of the decision to be
given. The opinion of the scholars is certainly an additional point that
supports the main aspects contained in the commandments of the Koran and Hadith;
(Syarifuddin, 2008).
Although the texts of the two main
sources of law are limited, their meaning transcends time and space. The
discovery of unlimited meaning is of course through the earnest efforts of the
scholars, which is then called ijtihad. Ijtihad is an effort to use the
intellectual potential of the ulama' to answer problems that have just arisen,
which did not exist before, while still referring to the two main sources of
law. -Legal issues that arise, and then the formulation of the answer is found (Saharuddin & Hayati, 2020);
(Bakry, 2009).
Of course the character of a fatwa
will experience development and change in line with environmental conditions
and circumstances as well as the development of science. So
the fatwa method carried out by the Indonesian Ulema
Council related to the environment with fatwa No. 22 of 2022 has been carried
out with a method that is in accordance with the stages and scope of the study
which is comprehensive. For example, on points of determination and general
considerations, where at this point the Indonesian Ulema
Council has conducted an analysis of sustainability and the impact on the ecosystem
if. This aspect also emphasizes the importance of supervision carried out so
that environmental expectations and sustainability can run well.
In fatwa No. 22 of 2022 which
explains the implementation of mining and the technical regulations governing mining,
the Majlis Ulama Indonesia has given provisions and legal corridors by
considering aspects of sustainability and the consequences of ecosystem damage.
While the analysis of the MUI fatwa Number: 04 of 2014 concerning Preservation
of Endangered Animals to Maintain Ecosystem Balance. This fatwa aims to protect
endangered species and guarantee the life and sustainability of the fatwa. In
terms of the fatwa method carried out by the Indonesian Ulema
Council, it still uses relatively the same stages as other fatwas, it's just
that the analysis and ambiguity aspects distinguish the legal arguments given
by the Indonesian Ulema Council. Environmental
aspects and ecosystem sustainability as points in a green economic principle
have been included in the points of consideration in the decisions made by the
Indonesian Ulema Council. For f MUI Fatwa number: 41
of 2014 concerning Waste Management to Prevent Environmental Damage. The fatwa
method which is the stage carried out by the Indonesian Ulema
Council is in line with the principles of usul fiqh so that the stages can provide legal explanations to
the public regarding what is fatwa. Sustainability aspects have been included
in the fatwa points including recommendations and involvement of the government
and the community related to waste management to prevent environmental damage.
In general, the fatwa of the
Indonesian Ulema Council, which is used as a
reference for Muslims in Indonesia, is proof of the concern and concern of
Muslims, in this case the MUI, to protect and preserve the environment and the
ecosystems within it so that people's welfare is realized. It's just that the
fatwa has not included the research results which are the latest scientific
basis related to human obligations and responsibilities towards the environment
and its ecosystem. If the fatwa includes the basis for a study of the latest
research results from academics, it will certainly provide color and additional
arguments contained in the MUI fatwa.
B. Does the MUI fatwa related to the environment accommodate
green economic principles?
The Indonesian Ulema
Council (MUI) is one of the institutions that has quite intense attention in
efforts to preserve the environment (Ahmad, 2000).
The important role of the MUI includes the issuance of the MUI Fatwa which
specifically pays attention to environmental issues. Among the MUI FATWA on
this issue include: (1) MUI Fatwa Number: 22 of 2011 concerning Environmentally
Friendly Mining, (2) MUI Fatwa Number: 04 of 2014 concerning Preservation of
Endangered Animals to Maintain Ecosystem Balance, (3) MUI Fatwa number : 41 of 2014 concerning Waste Management to Prevent
Environmental Damage, and (4) MUI Fatwa number : 30 of 2016 concerning Laws on
Forest and Land Burning and Their Control. The four MUI fatwas are all closely
related to the environment and the ecosystems in it, so that this can be used
as a reason for the public to follow and guide them in relation to Islamic
provisions governing the environment and ecosystems.
With the existence of an MUI fatwa related to the environment, of course this
proves that the concern of the Muslim community and the Indonesian Ulema Council for the sustainability and maintenance of the
environment is a very urgent matter. The fatwas issued are of course based on
societal phenomena and the consequences of human negligence on the surrounding
environment, causing damage and affecting the health and habitat of the
ecosystem. Seeing this phenomenon coupled with religious demands that tell
people to care and always care for and protect the environment, for this reason
the clergy provide rules and guidelines that form the basis of people's
behavior towards the environment (Tresna, 2009).
As a fatwa, of course the content
contained in the fatwa issued by the MUI has accommodated the green economy
principles, why is this something that needs to be connected. That currently
one of the global issues is related to the environment and its sustainability,
both with a social approach and with the concept of green economics. Green
economy has 10 principles that must be implemented so that environmental
balance is realized, of course the fatwa as part of recommending to the
government and the public regarding fatwas regarding the environment certainly
provides argumentative reasons and content that accommodates green economic
issues for the long term.
The contents of the fatwa of the
Indonesian Ulema Council related to the environment
can be traced from each stage before the decision is stated at the end of the
fatwa. These stages start from the general reasons contained in the Koran and Sunnah,
then continue with the opinions of scholars and laws that regulate the
environment in Indonesia. These stages have shown that implicitly the fatwa of
the Indonesian Ulema Council has accommodated the
green economic concept which contains 10 indicators.
This reason can be found from every
fatwa of the Indonesian Ulema Council on general
provisions which contain several scientific arguments taken from studies and
research on the environment. As in fatwa No. 22 of 2011 concerning
Environmentally Friendly Mining, in the stipulation and general provisions
section of the Indonesian Ulema Council explains
points related to green economy. The points consist of 4 points in section
number one and 6 points in section number two. Each of these points mentions sustainability
and legal provisions to maintain the environment and ecosystem. In the
following section, the fatwa of the Indonesian Ulema
Council has provided recommendations to the government community and local
governments related to the environment.
C. What is the legal logic of the MUI fatwa on the environment
The fatwa of the Indonesian Ulema Council is a legal product that is not directly
binding on the community. But the MUI fatwa can be used as a legal reference in
formulating laws by the government so that the legal reasons will become
stronger. As a fatwa that provides answers related to religious and social
issues, the Indonesian Ulema Council under the fatwa
commission conducts a very comprehensive and gradual study to produce a law
that will be conveyed to the public. The basis for taking the law studied at
the level of the fatwa commission of the Indonesian Ulema
Council still adheres to the Koran and hadith
Al-Qur'an and As-Sunnah, which are
the main sources of Islamic law, cannot be understood by all groups of Muslims
except those who study in depth about the field of religious knowledge. That's
why the scholars took the role. Its role is very important in realizing
religious demands in order to provide a clear and correct understanding through
fatwas. In the Qur'an, Allah SWT orders people who do not understand a problem
to ask experts or people who do understand, in matters of religion, of course
the experts are the scholars.
At first the fatwa was given
individually. Rasulullah SAW always gives answers to
questions asked by friends. The answers given by the Apostle became the legal
basis and are binding for Muslims as shari'ah rules (Yusuf, 2012);
(Mudzhar, 1993).
However, after he died, legal issues were asked to the caliph who replaced him
or the scholars of that period. If they do not get guidance from the Qur'an and
Sunnah, then they make ijtihad. Ijtihad is given as an individual decision.
According to al-Syāthibī
the mufti replaces the Prophet's position in relation to the people because of
the three roles he plays. He acts as an heir who inherits religious knowledge
from the prophets. He also acts as a preacher who conveys (mukhbir)
Islamic teachings to the people like the Prophet, he also plays a role as syāri' from one side because of the Syara'
law, what he conveys is sometimes conveyed manqūl
from the source and sometimes he also conveys it through the istinbāṭ process from . Subsequent
developments, fatwas are no longer given individually, but are shifted to
official institutions or institutions created by the government to receive
considerations in Islamic law (Ka’bah, 1998). In
the Indonesian context, the Indonesian Ulama Council (MUI) is one of the
institutions authorized to issue religious fatwas (Djamil, 2012).
The Indonesian Ulema
Council (MUI) as a religious institution that has a fatwa institution, has
produced various legal fatwas. From the fatwas issued, there are many
contemporary issues that have no legal precedent in classical fiqh studies. So inevitably the process of determining the
law requires an in-depth study. One of the things that must be considered in
the process of determining the law, in addition to the normative arguments from
the Al-Qur'an and Sunnah, must also pay attention to the legal impacts and
consequences that arise. Al-Qaradhāwī explains that
every work related to fiqh law has two important
aspects that must be considered; aspects of motivation behind it, and aspects
of the impact and results caused by these actions (Al-Qardhāwī, 1998).
This is where the concept of siyāsah syar'iyyah is needed.
From the opinions and explanations
explained by him, it can be understood that the legal logic of the Indonesian Ulema Council's fatwa is still guided by the Koran and
hadith relating to the issues to be discussed. The Qur'an which explains
general provisions related to community issues, the scholars use the hadith as
a basis for explaining what is meant by the Qur'an. Hadith functions to explain
the general provisions contained in the Koran so that the scholars get legal
certainty and the accuracy of answers related to what is asked by the
community.
Again, the next law is to look at the
opinions of the scholars related to the discussion in the fatwa, this logic is
used by the scholars as part of the argument, this issue has actually been
discussed by previous scholars, it's just that the objects and circumstances
are different, so the ulma will use reason. qiyas, istihsan, istishab and other
methods of finding close answers to existing problems.
The legal logic of the Ulama
contained in the study of the fatwa commission of the Indonesian Ulema Council has fulfilled the stages in accordance with
scientific norms in providing recommendations to the public.
Conclusion
Fatwa is one
of the important
points for a Muslim to obtain legal certainty related to an existing
problem. One of the interesting phenomena currently related to environmental issues is getting
worse, so that many people
in the world have made an
agreement or consensus related to environmental sustainability with a green economic approach. As an independent institution, the MUI has issued 4 Fatwas related to the environment
and each of these fatwas
has a method that is in accordance with scientific studies. The results of this study show
that the analysis of environmental
sustainability in MUI fatwas
related to the environment has used methods that
are commonly used so far, while
the contents of the fatwa are related to the
sustainability of the existence of
ecosystems and the environment, but MUI's arguments
have not included the latest research
results on the environment . MUI fatwas related to the environment
have accommodated green economic principles as seen in the general provisions
contained in the fatwa decisions. The legal logic of the MUI's
fatwa on the environment always starts from the
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Copyright holder : Iiz Izmuddin, Rusyaida, Gusril Bashir, Pendi Hasibuan, Awaluddin (2022) |
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