In Indonesia’s unique legal landscape, Islamic fatwas are more than just religious advice. They often shape how judges interpret and apply the law. This is particularly true in economic cases. This research dives into the fascinating relationship between Sharia economic fatwas and judicial decision-making. How do fatwas issued by the National Sharia Council (DSN-MUI) influence court rulings? Do judges follow them strictly, selectively, or not at all? That’s exactly what this study aims to uncover.
With 158 fatwas as the core dataset, this project introduces an original method called the Internal Fatwa Network Interpretation Framework. It helps map out how these fatwas are connected legally, ethically, and theologically. It also shows how they fit into Indonesia’s plural legal system. In Indonesia, statutory law, Islamic law, and customary law often intersect. Think of it as constructing a legal “web” of reasoning. Judges will use this when deciding cases involving Islamic finance. They also use it for cases related to banking or contracts.
Unlike traditional legal research that stops at analyzing texts, this project goes further. It examines actual court cases, judicial reasoning patterns, and the invisible authority fatwas carry in courtrooms. It’s a deep dive into how legal pluralism works in real life—not just on paper.
Why does this matter? Indonesia is home to one of the largest Muslim populations in the world. Islamic economic principles are part of mainstream finance. Understanding how fatwas influence legal decisions can help build stronger, more consistent legal practices. This understanding empowers both policymakers and scholars. They can design better legal tools for a pluralistic society.
In short, this study offers new ways to think about legal authority in a religiously diverse country. And it’s especially useful for anyone interested in Islamic law, judicial reform, and legal interpretation in Southeast Asia.
Target Completion: Completed
Reseacher: Soleh Hasan Wahid
