Development Method for Determining the Law of Indonesian Ulama Council (MUI) Post Reform (Case Study of Fatwas related to Law)

This study aims to analyze the development of the method of determining the law by the Indonesian Ulama Council after the reformation in the case of legal fatwas. Data collection was carried out by way of interviews with MUI administrators throughout Indonesia represented by the fatwa commission which produced fatwas related to crucial issues of public interest and political fatwas that greatly influenced the political situation in Indonesia. The location of this research was conducted at the Central MUI institutions, DKI Jakarta Province, West Java Province, East Java Province, and West Sumatra. The results obtained are that the method used by the MUI runs in accordance with established procedures and standards in the MUI and does not shift from the previous period. The legal determination carried out by MUI has a special style compared to other institutions, namely a more moderate process, meaning that it is not extreme or radical. In setting a fatwa decision, the MUI is not influenced by political pressures from outside that surround it even though the pressure has a psychological impact on the perpetrators of the implementation of the law. The determination even though it looks like there is pressure, but in reality it is the response of the MUI itself. This is evidenced from several cases of MUI fatwa related to the needs of many people who are able to meet the sense of community law.


Maqâshid al-syarî'ah is the goal of Allah SWT and His Messenger in
‚ Maqâshid al-syarî'ah is the meaning and wisdom maintained by syari 'in all legal stipulations or even if they are not specifically devoted to maintaining it on every type of law from sharia laws, then includes everything that is given the nature of law and its purpose is inseparable from the syara' in maintaining it" Furthermore 'Izzuddin ibn 'Abd Salâm explained that all maqâshid aims to maintain the existing legal rules using tahqîq al-masâlih (realizing benefit) and dar'u al-mafâsid (rejecting things that damage) (Izzuddin bin 'Abd al-Salâm, n.d., p. 11).
In line with that, Muhammad Rowwas Qal'arji asserted that Allah SWT prescribes laws relating to the provisions of halal and haram are prescribed  (Al-Qal'arji, 1991, p. 24).
According to Wahbah al-Zuhaily, maqâshid al-syarî'ah means the values and objectives of shara' which are implied in all or most of its laws. These values and targets are seen as sharia goals and secrets, which are determined by Shari in every legal provision (Al-Zuhaili, 1985, p. 748).
According to Muhammad Thohir ibn Âsyur (Asyur, 2001, p. 174 One example of the formation of a law that contains benefits is marriage retirement. Marriage is not intended only to channel the desires of human lust, but the intention is to hifzh al-nasl (maintaining offspring) and connecting human life as caliphs on earth, while offspring are only the result of love for the opposite sex (Al-Zahabi, 1968, p. 31).
From the description of the meaning of maqâshid al-syarî'ah stated by the experts mentioned above, it is clear to the author that maqâshid al-syarî'ah can be described with the following elements, namely: 1) The meanings (alma'âni) of every existence of Shari'a; 2) The secrets (asrâr) of each shari'ah, and; 3) Wisdom (al-hikam) from the formation of shari'ah. These three things must be maintained by shari'a (al-malhuzhah li al-syâri').  Gazâli (Al-Gazâli, 1971b, p. 159, 1971a have imposed limits on this Maslahat. Al-Gazali firmly explained that maslahat must be determined through matter and existence as well as its level. This provision is very influential on the determination of maslahat which is recognized and in line with the texts and which are not in line and rejected by the Qur'an and Sunnah. Abdullah al-Kamali (Al-Kamâli, 2000, pp. 38-39) explained that if there is a conflict between the maslahat and the text, the maslahat must take precedence over the text (taqdim al-mashlahât 'ala al-nushush al-syar'iyat). They reasoned that many of the Shari'a are general in realizing mashlahat.
In the 7th century an opinion emerged that said that if there was a conflict between the mashlahat and the text, then the mashlahat took precedence as conceived by Najm al-Din al-Thufi (Al-Kamâli, 2000). Al-Thufi explained that if there was a conflict between the texts and the benefits, the benefits must take precedence over the texts by way of takhshish and bayan (Al-Kamâli, 2000).
The study of maqâshid al-syarî'ah leads to the search for and disclosure of the benefits of which is still a method of determining the law by Islamic legal experts until now. Likewise, the determination of the law of new problems that require answers (Supriyadi, 2007, p. 3).
In the practice of establishing law or which is identical with the term istinbath 1 law, benefit is a very important part and plays a role in determining legal products and developing the law itself, which is needed by the community at any time. There are many legal products that are determined DOI Further issues such as the ruling on the law of the operation of a woman, Yusuf Qardhawi, (1995, p. 422) argues that women are basically allowed to work and it is possible to have to work in certain conditions, for example women whose husbands die while they have the expertise to work to earn a living for their children. The basic law is that women are not obliged to provide for it and they are supported by their husbands. This opinion is actually based on the benefit to be achieved, even though the Shari'a does not actually require women to work, but for the sake of prosperity, then women may work.

RESEARCH METODOLOGY
This research is part of social research using a qualitative approach with the perspective of legal sociology, because what is used is a dynamic social law phenomenon. This study raises field data using the interview method (Amiruddin & Asikin, 2008, p. 84;Ashshofa, 1996, p. 21). Interviews were conducted with the administrators of the Ulema Council in the Central and in several provinces that could represent the data acquisition that was achieved in relation to the ownership of fatwa decisions in the legal and political fields.
This research is a critical analytic description, where later data obtained from interviews will be tested and shared through Focus Group Discussion (FGD) in the field will be presented with an original appearance as is and using a legal analysis model.
Because this study examines the phenomenon of Islamic law and its method of legal discovery, the approach used in this study is the legal and social approach because it is related to social developments related to legal needs so it is called the sociology of law approach. The analysis of this research is focused more on critical interpretation efforts by paying attention to aspects of coherence, authensity, and independence (Moleong, 2006, p. 286).
This research was carried out through four empirical material analyzes, namely: First, to conduct data reduction, by simplifying, abstracting and transforming rough data that emerged from written notes in the field (field notes). Second, reduce data and direct material in the form of informant experience with ethnographic methods. Third, the presentation of empirical material.
Exposure to empirical material in the form of archetypes of research subjects, begins with the process of reduction which is then presented in the form of organized material by making a structured summary, then the analysis is directed at efforts to formulate concept findings. Fourth, drawing conclusions and verification. Council, both at the Central and Regional level, has the same authority and independence in establishing the law. The Central Indonesian Ulema Council has the authority to issue fatwas on religious issues that are general in nature and concern the problems of Indonesian Muslims nationally and / or religious issues that occur in the regions.

Result
The existence of a hierarchy between the Central MUI and regional MUI does not affect the degree of fatwa issued. it means that one fatwa cannot cancel another fatwa. Each fatwa stands alone according to the designation of  From the data search in the field, it was found that the MUI method in determining fatwas related to law that intersects with the needs of many people such as Friday prayers in addition to mosques is related to the requests of people who come to Jakarta from outside Jakarta in very large numbers, which fill public ways of holding demonstrations. In this case, MUI stipulates that Friday prayers performed are legal, but when worship can hamper the public interest it should not be performed.  (Mudzhar, 1998, p. 134).

Discussion
Even though many hadiths contain a prohibition to paint the face of the Prophet, but in this Fatwa Decree this hadith is not displayed. Fatwa regarding the halal status of rabbits is also not carried out according to the right basis and procedure, this SKF only displays the hadith in the book Nail al-Authar, without mentioning the generality of the verse.
In his view the application of qiyas is not right, such as the illat inequality between maqis fih and maqis alaih. Like the MUI decision regarding the ability to cultivate frogs that have been shrouded by tanning the skin. The inaccuracy is because the cultivation of frogs is to be eaten, while tanning is only for use. Yet according to Atho Mudzhar, frog cultivation or eating frog meat is more appropriate when it is betrayed by cultivating and eating crabs.
In establishing frog cultivation laws, the ultimate goal is to eat, it is necessary to decide first on the halal status of the frog. Eating frog meat is forbidden according to the Shafi'i school, but is allowed according to the Maliki school. In fact the MUI justifies the cultivation of frogs, but it is forbidden to eat them. Frog cultivation is permitted to benefit, but it still cannot be eaten. The problem is why the MUI does not immediately take the opinion of Imam Malik who allows to eat frog meat, which means it is also permissible to cultivate it, both for its benefits and for consumption. MUI in practice also bases on schools that are outside the mainstream schools in Indonesia when the MUI takes the opinion of Zahiri schools in determining the necessity of travelers to hold Friday prayers. In the determination of the fatwa of the Indonesian Ulema Council which is related to the needs of many communities such as the fatwa related to the MR vaccine. in this case the MUI still stipulates that the vaccine is haram, but for the time when the issuance of the fatwa was permitted because of its dharurat nature. From this it seems clear that the opinion is based on a greater benefit for the community to avoid rubella which according to experts is very deadly, so the MUI also set it as something that is dhorury.
The response to the situation that is happening and requires answers and legal provisions for Muslims seems to be a consideration in several MUI fatwas that have been issued in several Provincial MUI, in West Java MUI many fatwas related to heretical sects that appear with the number of followers is not small, so the West Java Province MUI responded to issue a fatwa related to the existence of these streams. Likewise, in East Java, the issuance of a fatwa on the heresy of the Shiite group that appeared in Sampag Madura and Pasuruan. This fatwa decision is also related to a larger matter, to avoid the emergent mafsadat which is the discomfort of the people from the emergence of anarchist movements against the Shiite followers.

CONCLUSION
The results of the decision The legal determination issued by the MUI generally stops after the stipulation of the fatwa and the existence of an agreement with the parties as the object of the fatwa, without proceeding to the execution and termination of deviant teaching activities. So many activities that change names and places while the teachings are still contrary to Islamic teachings. Thus, the MUI method in determining fatwas is moderate or wasthiyyah which is reflected in the various decisions issued.