The Position of the Indonesian Council of Ulama in The Indonesian State Governmental Legal System

The Perspective of Abu Hasan al-Mawardi

MUI constitutional law al-Mawardi


June 4, 2023


This study aims to 1) Know the position of the Indonesian Council of Ulama (MUI) in the Indonesian constitutional law system; 2) Knowing the MUI's position in Abu Hasan Al-Mawardi's (Al-Mawardi) thought. The method in this study uses normative legal research or doctrinal law with a philosophical, historical and conceptual approach. If viewed from a state institutional perspective, the MUI is in the realm of the political infrastructure area. Political Infrastructure itself is a group of institutions that exist in society. The MUI fatwa is not a type of statutory regulation that has binding legal force Based on Article 1 point 2, Article 7 paragraph (1) and Article 8 paragraph (1) of Law 12/2011, the MUI fatwa is not statutory regulation, because it is not made by an authorized body/or institution and does not have general binding power. However, the MUI fatwas are a source of material law. To become a positive law, the MUI fatwa must be positivized by the state through statutory regulations. The theory of state objectives developed by Al-Mawardi has two basic concepts, namely (1) formalization of Shari'a activities, (2) regulation of social, economic, political, legal and military activities.