Towards a Progressive Fatwa:
MUI's Response to the COVID-19 Pandemic
M. Asrorun Ni’am Sholeh

Abstrak: Penelitian ini menguji fatwā hukum yang dikeluarkan oleh Majelis
Ulama Indonesia (MUI) tentang sikap dan prosedur praktis umat Islam
Indonesia dalam beragama serta tuntutan publik atas penghargaan dan
pengakuan pemerintah. Fatwā tersebut menghadirkan nalar logis sehingga
menarik perhatian pemerintah untuk mengadopsi dan mengeluarkan produk
hukum yang didasarkan pada fatwā tersebut. Dengan pendekatan penelitian
hukum normatif, penelitian kualitatif ini menggunakan teori hukum kritis
untuk menganalisis poin-poin penting dalam fatwā. Hasilnya, studi ini
menemukan empat kasus penting dalam fatwā tentang sikap dan perilaku
beragama selama pandemi COVID-19. Pertama, fatwā hukum tentang
COVID-19 memiliki penalaran logis yang sejalan dengan nasihat paramedis;
kedua, fatwā hukum tentang COVID-19 sejalan dengan kepentingan politik
pemerintah mengenai pembatasan fisik dan sosial; ketiga, fatwā hukum
tentang COVID-19 mengakhiri stigma negatif terhadap peran politik aktor
agama; dan keempat, fatwā hukum menunjukkan semakin meningkatnya
peran kiai dari calo budaya menjadi pelaku ilmu hukum Islam.
Kata kunci: Fatwā; Majelis Ulama Indonesia; Produk Hukum Pemerintah;
COVID-19
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Abstract: This study examines the Fatwās issued by the Indonesian Ulama
Council (Majelis Ulama Indonesia/MUI) on Indonesian Muslim attitudes and
practical procedures towards their religious behaviors and public demands
on the government appreciation and recognition. The fatwās present logical
reasoning which has attracted the government’s attention to adopting them
and issue legal products based on them. With a normative legal research
approach, this study is considered as qualitative research which using critical
legal theory to analyze the important points in the Fatwās. As a result, this
study finds four important cases in the fatwā on religious attitudes and
behaviors during the COVID-19 pandemic: first, the fatwa on COVID-19
has logical reasoning which is in line with paramedical advice; second, the
fatwa on COVID-19 is consistent with the government political interests
concerning physical and social restrictions; third, the fatwa on COVID-19
ends the negative stigma on the political role of religious actors; and fourth,
the fatwa shows the increasing role of Kiai (religious figures) from cultural
brokers to actors of Islamic legal scientism.
Keywords: Fatwā; Indonesian Ulama Council; Government Legal Products;
COVID-19

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Introduction
At the beginning of 2020, almost all countries were hit by
Corona Virus Disease, which has spread since 2019 from Wuhan
city, China. As of August 30, 2020, a report says the COVID-19
pandemic has brought 25,170,575 cases with 846,797 deaths and
17,510,691 recovered patients (Worldometers, 2020). The United
Nations (UN) has issued health guidelines and has taken anticipatory,
preventive and treatment measures. These include staying at home
for those who have been exposed to the virus; keeping a safe space
(social distancing); covering the mouth and nose with a mask; and
washing the hands with soap or cleaning them with hand sanitizers.
In addition, avoiding direct contact with both animals and humans
and staying away from food which is not adequately cooked are
highly recommended when visiting crowded places, especially for
the elderly and children (UN, 2020).
Many country leaders, governments, religious groups, and the
public have reacted to the COVID-19, which is said to be pandemic,
differently. The government of Saudi Arabia, for example, imposed
restrictions on prospective pilgrims for performing Hajj and Umrah
in 2020 (Ebrahim & Memish, 2020). Most religious groups are also
more likely to support the policy of limiting the prospective pilgrims
and supporting the implementation of prevention guidelines from the
UN and paramedics. In the meantime, some religious figures that have
refused such policy, as has happened in Middle Eastern and African
countries, have drawn a lot of criticism. One of the bases for the
criticism is that they are misinformed about the COVID-19 (Alimardani
& Elswah, 2020).
The COVID-19 is not only believed as a deadly virus and a
health issue but also a matter of religious responsibilities (Thurston,
2020). The government of the Islamic Republic of Iran, for instance,
supports the implementation of health protocols during the pandemic
due to its enormous impact on economic, social, cultural, and political
aspects (Lebni et al., 2020). Similarly, the Indonesian government
has also issued some policies concerning the health protocols during
the pandemic. Like other Muslim majority countries, including
Saudi Arabia, Iran, Turkey, and Malaysia, Indonesia has limited any
religious activities that involve mass gatherings by implementing social
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distancing. Both Sunni and Shia scholars support social distancing
policy in Pakistan. Unfortunately, the Indonesian government’s
response is considered too little too late, and its policies seem to
have overlapped one another, which is confusing. The government is
considered weaken the democratic process (Mietzner, 2020).
Although the Indonesian government’s political policies seem
slow and overlapping, the religious institutions in this country have
supported the implementation of health protocols as instructed by
the United Nations. The ‘Ulamā’ (Muslim scholars), Ḥabāib (Prophet
Muhammad’s descendants), Nahdlatul ‘Ulama, and Muhammadiyah have
shown quick response to the COVID-19. In fact, they have agreed
to issue a joint fatwā regarding the obligation to perform worship
(‘ibādat) at home during the pandemic, which is marked by the fatwā
issued by the Indonesian Ulama Council (MUI). Sadly, other religious
groups, especially Jamaah Tabligh, have given negative response to the
fatwā. (Dahlan, 2020).
The Jamaah Tabligh opposition against the fatwā on the
COVID-19 does not necessarily affect the public’s paradigm, which
tends to appreciate the contribution of the Fatwā positively. The
public considers the fatwā about the restrictions of religious activities
as an anticipatory and even proactive step in preventing the spread
of the virus in Indonesia. Here, the Indonesian Ulama Council has
issued several fatwās: Fatwā No. 14/2020 on the Implementation
of Religious Activities during the COVID-19 Pandemic, Fatwā No.
17/2020 on Salah (Prayer) Procedures for Health Workers Wearing
Personal Protective Equipment (PPE) when Taking Care of and
Protecting COVID-19 Patients; and Fatwā No.18/2020 on Islamic
Burial Guidelines for COVID-19 Patients, among others. According
to Fisher Zulkarnain, et al., the Public must use the fatwā Number
14, particularly as a guideline and obey it (Zulkarnain, Nurdin, Gojali,
& Wahyu, 2020).
In addition, Ahmad Mukri Aji and Diana Mutia Habibaty
mention the fatwās issued by the Indonesian Ulama Council have
complied with the Maqāṣid al-Sharī‘at (Shari‘a objectives) in saving lives,
maintaining health, and preventing the spread of infectious disease (Aji
& Habibaty, 2020). Muhammad Agus Mushodiq and Ali Imron even
claim and consider the fatwās on COVID-19 to have contained the
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Islamic teachings derived from the Qur’ān, Hadīth, and Principles of
Islamic jurisprudence and have considered the traditions of the Prophet
and his companions. Suffice to say, the Indonesian Ulama Council
has played its role as an effective socio-religious actor, especially in
mitigating the COVID-19 pandemic (Mushodiq & Imron, 2020).
This study sees the Fatwās on COVID-19 from the normative
legal theory point of view, which attempts to understand and refer
the Fatwā No. 14/2020 on the Implementation of Religious Activities
during the COVID-19 Pandemic to the legal norms set in the
legislation and court decisions (Ginting, 2010). The General Provision
(1) in Fatwā No. 14/2020, for instance, says “Everyone is obliged to
take all reasonable measures and make efforts in maintaining their
health and staying away from anything which can lead to exposure to
the virus, considering that it is a part of realizing the five fundamental
needs (al-Ḍarūriyyat al-Khams)”.
The spirit in the fatwā is in line with the health procedure designed
by the World Health Organization (WHO) which claims COVID-19
spreads between people through direct, indirect (through contaminated
objects or surfaces), or close contact with infected people via mouth and
nose secretions. This means COVID-19 is capable of spreading from one
person to another, either through direct or indirect contact or through
close contact with an infected person (WHO, 2020).
As an effort to prevent the transmission and spread of the
COVID-19, the WHO adds: “to avoid contact with these droplets,
it is important to stay at least 1 metre away from others, clean hands
frequently, and cover the mouth with a tissue or bent elbow when sneezing
or coughing. When physical distancing (standing one metre or more away)
is not possible, wearing a fabric mask is an important measure to protect
others. Cleaning hands frequently is also critical” (WHO, 2020). In
other words, the fatwā issued by the Indonesian Ulama Council and
the World Health Organization recommendation has the same vision
in term of preventing virus transmission.
Such similar vision shows the spirit of rational Islam. Here, the
fatwās, which referred to the verses in the Qur’ān in response to
the COVID-19 pandemic, promote rational Islamic theology. One
of the characteristics of the theology is the use of Qur’ān as a legal
source, along with a selective approach to Hadīth, liberal reasoning and
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criticism on classical intellectual heritage (Athaillah, 2006). In turn,
the scientific-liberal WHO and the Indonesian Ulama Council fatwās
which recall sacred verses in the Qur’ān and pay great attention to
the classic intellectual heritage texts have eventually come to share the
common vision. This includes the importance of maintaining health
and preventing virus transmission during the COVID-19 pandemic.
In the meantime, the Indonesian Government has also made
an effort to formulate and design national development strategies
and policies with the orientation of development. One of the
government’s efforts is to promote the Health-Driven Development
Movement program. This program is a national strategy to create
Healthy Indonesia and has been promoted since 2010. The Preamble
to the 1945 Constitution (Paragraph 4) declares one of the objectives
of Indonesia as a nation is promoting the general welfare, which
means meeting health services and needs. The operational foundation
also refers to the State Policy Guidelines (Garis-Garis Besar Haluan
Negara/GBHN) mentioned in the People’s Consultative Assembly
Decree No. IV/MPR/1999 (Pati, 2019).
For this reason, this study sees Fatwā No. 14/2020 on COVID-19
which was stipulated on Rajab 21, 1441 H/ March 16, 2020 in Jakarta.
This fatwā contains four important cases: first, the fatwā on COVID-19
has logical reasoning which is in line with paramedical advice. Second,
the fatwā on COVID-19 is consistent with the government political
interests concerning physical and social restrictions. Third, the fatwā on
COVID-19 ends the negative stigma on the political role of religious
actors. Fourth, the fatwā shows the increasing role of Kiai (religious
figures) from cultural brokers to actors of Islamic legal scientism. In
addition, the points in the fatwās which contain logical reasoning have
attracted and encouraged the government to adopt them. In the end,
the government has also issued a legal product based on the fatwās.
Research Method
This is qualitative study The researcher has chosen Fatwā No.
14/2020 on the Implementation of Religious Activities during the
COVID-19 Pandemic by passing Fatwā No. 17/2020 and Fatwā No.
18/2020 which also deal with the issues on COVID-19, but have
nothing to do about performing ‘ibādat (worship).
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In addition, this study uses a normative legal research approach,
referring to legal norms mentioned in the legislation and court decisions
(Ginting, 2010). One of the laws used as the approach is the health
laws, Law No. 36/2009 on Health, for example. Article 1 paragraph 1
says that health is a state of physical, mental, spiritual and social wellbeing which enables people to be productive socially and economically.
Further, Article 4 and 5 mention everyone has the right to health
and everyone has the same right to gain access to health services and
resources. In Article 9 paragraph 1, it is said that everyone is obliged
to take part in realizing, maintaining and improving public health
as hard as possible. For this reason, Law no. 36/2009 on Health is
adopted to be the approach to analyze the MUI No. 14/2020 on
the Implementation of Religious Activities during the COVID-19
Pandemic.
To analyze the important points in the Fatwā, this study applies
the critical legal theory. This theory is defined as a point of view which
connects legal thinking with politics and culture and makes any other
possible relationships. In addition, the legal institutions, with all their
structural depth and functional demands which make the relationships
to connect with expected stability, defence, and reproduction, do not
necessarily cut off their critical imagination aspects (Christodoulidis,
Dukes, & Goldoni, 2019).
Given the dimensions of the critical legal theory may cover,
the meaning of legal aspects has become broader, including the
theory of feminism, queer, state, private and public space, semiotics,
deconstruction, ethics, ideology, history, social rights, persecution,
development, pragmatism, and even nihilism (Christodoulidis, Dukes,
& Goldoni, 2019). In this study, the critical legal theory is integrated
with the rational Islamic theology (Athaillah, 2006).
The figure shows that Fatwā No. 14/2020 on the Implementation
of Religious Activities during the COVID-19 Pandemic represents a
spirit of criticism on a legal product. This introduces the rational
Islamic theology and is in line with the vision of Indonesia’s national
development plan in the health sector. Therefore, the fatwā can be
regarded as a form of MUI revivalism, by moving from specific issues
to more universal issues.
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The following figure illustrates the conceptual framework in this study:

Results and Discussion
The Logical Reason in MUI
Fatwā No. 14/2020 on the Implementation of Religious Activities
during the COVID-19 Pandemic presents a logical consideration,
preventing the spread of COVID-19 that has hit all countries in the
world, including Indonesia. The Fatwā refers to the decision made the
World Health Organization (WHO) which declares the COVID-19 as
a pandemic. These two considerations have, in turn, brought MUI to
take religious steps as an effort to prevent and stop the COVID-19
from spreading. One of the religious steps taken is issuing the Fatwā
on the implementation of religious activities with health protocols
(MUI, 2020).
With these considerations, MUI has established several legal
provisions. The first legal provision addresses the obligation to stay
away from any activity that can lead to exposure to the virus. “Everyone
is obliged to take all reasonable measures and make efforts in maintaining
their health and staying away from anything which can lead to exposure
to the virus considering it is a part of realizing the five fundamental
needs (al-Ḍarūriyyat al-Khams).”
The above Legal Provision is in line with Article 9, paragraph 1
and 2 of the Law No. 36/2009 on Health. The article says: “Everyone
is obliged to take part in realizing, maintaining and improving public
health as hard as possible. The obligation, as referred to in paragraph 1,
includes individual and public efforts and health-oriented development in
reaching better health.”
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The second Legal Provision set by MUI is associated with people
who are exposed to the virus. The fatwā mentions: “People who have
been exposed to the Corona virus are obliged to maintain their health
and isolate themselves to avoid transmission to other people. They can
replace the obligation of performing Friday prayer with Zuhr prayer
considering that the Friday prayer, as a compulsory ‘ibādat (worship),
involves many people. This means that the mass transmission of the virus
is likely to take place. In addition, they are not allowed to perform
sunnah (optional) worships that can lead to exposure and transmission.
This includes performing the five-time prayer in congregation, rawatib,
Taraweh and Eid prayers in mosques or other public places, and
attending pengajian (public recitation) and tabligh akbar (a large-scale
Qur’ānic recitation event).”
This Legal Provision is related to Article 10, Article 11 and Article
12 of the Law No. 36/2009 on Health which reads:
“Everyone is obliged to respect the rights of others in an effort to create a
healthy environment physically, biologically, or socially.”
“Everyone is obliged to have a healthy lifestyle to take part in realizing,
maintaining and improving public health as hard as possible.”
“Everyone is obliged to maintain and improve the health of others, those
they are responsible for.”

The conformity between MUI fatwā and Law no. 36/2009 on
Health is an evidence showing that religious reasoning is in line with
logical-rational reasoning. This means religion and medical science do
not only complete each other but also share a common vision. Also,
they are compatible with each other. The only difference is in terms
of verbal expression or legal language.
In the Third Decision regarding the WHO Recommendations,
the Fatwā is also consistent with Law no. 36/2009 on Health. The
following is their recommendations: “The government is obliged to
impose stricter restrictions on the entry and exit of people and goods to
and from Indonesia, except for medical personnel, basic necessities and
emergency needs.”
The Indonesian Ulama Council recommendation has also been
stipulated in Article 14 and Article 15 of Law no. 36/2009 on Health
as follows:
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“The government is responsible for planning, regulating, managing,
organizing, guiding and supervising the implementation of health services
which are accessible and affordable to the community.”
“The government is responsible for the availability of environment,
organization, and health facilities, both physical and social facilities, for
the community to achieve the highest attainable health standard.”

The fatwā recommendation on these stricter restrictions on the
entry and exit of people and goods to and from Indonesia is practically
an interpretation to the government responsibilities as mentioned in
Article 14 and Article 15 of Law No. 36/2009 on Health.
The encounter between the fatwā and the Health Law is inseparable
from the critical considerations and rational theology presented in
Islamic teachings in general and MUI fatwā in particular. Here, the
critical consideration in the fatwā is created from the philosophy of
Islamic law known as the principles of Islamic Jurisprudence (Uṣūl alFiqh). The followings are some of the principles:
a) The prohibition to endanger one’s self and harm others
b) Resisting mafsadah (harms) takes precedence over seeking maslahah
(benefits/public interest)
c) Difficulty leads to ease
d) Avoiding any harms
e) Preventing any harms within possible limits
f) Emergency measure is limited according to its extent
In the meantime, the principle of Islamic jurisprudence related to
the political recommendation is illustrated in the following statement,
“The policy made by the leader [the authority] for the people is
subject to the public interest.” This principle is also based on the texts
in the Qur’ān and Hadīth. Allah said, “And protect yourself from the
torment that does not only apply to those who do wrong among you. And
know that Allah’s torment is very severe.” (Sūrat al-Anfāl: 25), and “do
not let your own hands throw you into destruction” (Sūrat al-Baqarah:
195). In addition, the Prophet said, “If you hear of a plague in an
area, do not enter it. But if the plague is where you are, do not leave.”
(Narrated by al-Bukhārī)
The common vision shared by the fatwā and the Health Law,
especially regarding the guidelines for performing religious activities
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during the COVID-19 pandemic, comes from the critical Islamic
teachings or rational Islam, especially in maintaining health and
preventing deadliest or infectious diseases. To that end, many obligatory
and sunnah (optional) religious activities, including Friday, ‘Īd al-Fitr,
or ‘Īd al-Aḍḥā prayers, are not conducted in the congregation (jamā‘at)
as usual. This is the form of rational Islam represented by the Fatwā
issued by MUI.
The Indonesian Ulama Council Fatwās VS Legal Politics
After MUI fatwās were promulgated, the government regulations
soon followed. The third decision regarding the recommendations
mentioned in the fatwā has received a positive response from the
government in terms of regulations and legislation. The government,
in turn, prohibits foreigners from entering or transiting the Indonesian
territory. This prohibition is mentioned in the Ministry of Law and
Human Rights Regulation No.11/2020 on the Temporary Prohibition
of Entry to the Republic of Indonesian Territory for Foreigners
(Sahbani, 2020).
However, six groups of foreigners are excluded from the regulation:
foreigners holding temporary residence and permanent residence
permits; foreigners holding diplomatic and service visas; and foreigners
holding diplomatic and official residence permits (Sahbani, 2020).
A circular letter from the Minister of Religious Affairs Number
SE.15/2020 on the Guidelines for Organizing Religious Activities in
Places of Worship in Realizing a Productive and Safe Society during
the COVID-19 Pandemic was issued on May 29, 2020. The circular
is addressed to the Minister of Home Affairs, the Minister of Health,
the Chairman of the COVID-19 Accelerated Handling Task Force,
the Commander of the Indonesian National Armed Forces, the Chief
of Indonesian National Police, the Head of State Intelligence Agency,
Provincial Governors, Regents and Mayors, Religious Council Leaders,
Heads of Provincial Offices of the Ministry of Religious Affairs, Heads
of Technical Implementation Unit, and Administrators and Managers
of Places of Worship.
In the next day, on May 30, 2020, a Circular Letter from the
Executive Board of Indonesian Mosque Council followed. The circular
was signed by the Chairman of the Mosque Council, Jusuf Kalla, and
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the Secretary-General, Imam Addaruqutni. The circular is clearly and
firmly a follow-up to the Circular Letter No. 15/2020 issued by the
Minister of Religious Affairs and MUI Fatwā No. 14/2020, all of
which concerns the implementation of religious activities during the
COVID-19 pandemic (Kustiani, 2020).
Indirectly, the government also gives another positive response
to the recommendation mentioned in MUI fatwā by issuing the
Government Regulation in lieu of tLaw No. 1/2020 on the State
Financial Policy and Financial System Stability for Handling the
2019 Corona Virus Disease Pandemic (COVID-19) and/or in the
Context of Facing Threats That Endanger the National Economy and/
or Financial System Stability.
The regulation is stipulated under Law No. 1/2020 on the State
Financial Policy and Financial System Stability for Handling the
2019 Corona Virus Disease Pandemic (COVID-19) and/or in the
Context of Facing Threats That Endanger the National Economy and/
or Financial System Stability.
The Head of the Budgetary Agency of People’s Representative
Council, Said Abdullah, mentions that the majority factions argue that
the Government Regulation in Lieu of the Law is necessarily taken to
deal with the potential economic crisis due to the COVID-19 pandemic.
The Indonesian Democratic Party of Struggle (Partai Demokrasi Indonesia
Perjuangan) faction, for example, believes that Indonesia must be present
to anticipate the impact of COVID-19 (Akbar, 2020). This opinion is
in line with one of the principles of Islamic Jurisprudence presented
in the fatwā which says: “The policy made by the leader [the authority]
towards the people is subject to the public interest.”
Apart from the law, the Minister of Health of the Republic of
Indonesia has also issued Regulation No. HK.01.07/MENKES/413/2020
on the Guidelines for Corona Virus Disease 2019 (COVID-19) Prevention
and Control, which was stipulated on July 13, 2020, in Jakarta and
signed by the Minister of Health himself, Terawan Agus Putranto. This
Regulation has been effective since the date of its stipulation.
Unfortunately, the Government regulations on COVID-19 suggest
political interests and have drawn controversy, considering the way the
Government works must depart from legal politics. Consequently, the
Indonesian Anti-Corruption Society and national leaders, including
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Amien Rais, have sued the Government Regulation in lieu of Law No.
1/2020 on COVID-19. One of the problematic Articles is Article 27.
This Article is considered to provide legal immunity for policy-making
officials as they cannot be sued for civil or criminal laws (Arifin, 2020).
A constitutional law expert, M. Fauzan, comments on the reasons
why the People’s Representative Council approves the Government
Regulation in lieu of Law No. 1/2020 on COVID-19. He said, “almost
every Government Regulation in lieu of the Law has led to public questions
and has drawn controversy.” However, once it is under the People’s
Representative Council, it does not seem to be debatable and passes
easily.” (Saputra, 2020).
In the meantime, the Indonesian Anti-Corruption Society which
is represented by Boyamin Saiman claims that they would be happy
if the People’s Representative Council approves it. He adds, they can
have more reasons to sue and we will be dealing with two parties, the
People’s Representative Council and the Government (Medistiara, 2020).
The public controversy over Laws on COVID-19, approved by
the People’s Representative Council and the Government, is barely
inseparable from the recommendations mentioned in MUI Fatwā as
an initial precedent, suggesting that the Government to make the
fatwā as a reference.
The Indonesian Ulama Council Fatwās and the Ulama Political
Transformation
The logical reasoning in the fatwā on COVID-19 ends the negative
stigma about the religious-political actors. This is proven by the positive
response from the government with the issuance of laws and regulations
referring to the fatwā. The Kiyais, for example, have been so far called
political brokers due to their actions, including their legal products
which usually address certain political affiliations (Hidayat, 2016).
More specifically, a study claims that MUI fatwās are considered
to play a role in discriminatory behavior, and religious violence as
many of them perpetuate religious violence that has occurred in society
(Hasyim, 2015). The negative stigma against the Council is undeniable
due to the fact that, as a religious institution, it has often been part
of Indonesia’s pragmatic politics, especially since the beginning of the
Reform era (Fajri, 2014).
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However, the fatwās issued by the Indonesian Ulama Council are
not in the national legal system which can be imposed to the public,
including the Muslims (Nurfiati, 2016). This also applies to Fatwā
No. 14/2020 on COVID-19. Despite the fact that the Indonesian
Ulama Council does not have a compelling legal force, its fatwās keep
showing the significant role of the Ulama. In other words, the fatwās
are considered to start improving in terms of the quality.
By issuing Fatwā no. 14/2020, the Indonesian Ulama Council no
longer deserves to be called as a political broker. This is because the
logic of the fatwā isbuilt under logical-contextual foundation and is in
line with the WHO recommendations to protect the urgent public
interests, such as preventing the virus transmission. Fatwā No. 14/2020
has brought a good image on the Indonesian Ulama Council institution,
where the ‘Ulamā’-Kyais become actors of Islamic legal scientism. This
means their legal thinking is based on scientific-objective considerations.
In general, Fatwā No.14/2020 on COVID-19 confirms Ainun
Najib’s finding. He mentions that the fatwā can play a significant role
in the development of responsive law in Indonesia, by responding to
any circumstances and public needs (Najib, 2012). In addition, the
Fatwā also justifies Mohammad Baihaqi Alkawy’s finding. He claims
that it can legitimize the Islamic political contestation (Alkawy, 2019).
The fatwā is also in line with Andi Shofian Efendi’s opinion, saying
that it can influence the Indonesian government policy-making process
(Efendi, 2011).
By maintaining objectivity, in view of the medical considerations
regarding the COVID-19 pandemic and the agility and responsiveness
in issuing fatwās, for examples, the Indonesian Ulama Council will
be more accepted by the public and even become a reference for
the Government in making a policy. It can be seen from Fatwā No.
14/2020 on the Implementation of Religious Activities during the
COVID-19 Pandemic.
In short, the fatwā issued by the Indonesian Ulama Council
has responded to the conditions and needs of the nation and state
quickly. The Fatwā is logically objective in relying on legal terms. As a
result, both the public and the government accept it gracefully. If this
continues to be maintained, fatwās issued by the Indonesian Ulama
Council will be improved and reduce the negative stigma.
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Conclusion
Fatwā No. 14/2020 on the Implementation of Religious Activities
during the COVID-19 Pandemic departs from the social realities and
actual needs to maintain health and prevent the virus transmission.
Here, the medical directives from the World Health Organization
(WHO) are the primary considerations taken into account by the
Indonesian Ulama Council. The Council, in turn, sees a fatwā to
prevent the spread of the virus essential, especially to create guidelines
for performing religious activities. The legal foundations are built based
on the Qur’ān, Hadīth, and the views of classical scholars, all of
which leads to the obligation to maintain health and prevent diseases.
Such contextual fatwā, which is line with the needs of society,
has come up earlier than the state laws and regulations. The fatwā
has a significant influence on the government policymaking process,
although the message and mandate mentioned in Fatwā No. 14/2020 is
substantially an interpretation of the health law which has already been
effective. The law suggests that the society and the government should
be responsible for creating a healthy social order where each individual
has the same rights and obligations to create a healthy society. However,
in the context of responding to the COVID-19 issue, the Indonesian
Ulama Council is much more responsive than the Government.
The responsiveness, accuracy, and objectivity of the Indonesian
Ulama Council in issuing the fatwā on the guidelines for performing
religious activities during the COVID-19 pandemic has brought
positive influences on its image. Several fatwās were once said to
worsen the national order, one of which is associated with violence in
the name of religion. In the COVID-19 case, fortunately, religion is
truly presented as a rational entity that can be accepted by all groups
and influences the government legislation policies.
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M. Asrorun Ni’am Sholeh
Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia
E-mail: asrorun.niam@uinjkt.ac.id
AHKAM - Volume 20, Number 2, 2020