A study of Fatwa-making : Indonesian Ulama Council (Majelis Ulama Indonesia, MUI) and classical Islamic discourse on interfaith marriages

Abstract

The issue of interfaith marriage has become a religious polemic that continues to exist in society. In Indonesia, the Indonesian Ulama Council (or Majelis Ulama Indonesia) has issued fatwas banning religious differences since 1975, 1981, 1986, until 2005. All of which prohibit the marriage of Muslim men with non-Muslims. Interestingly, the MUI's fatwa opposed the majority of classical scholars, because Muslim men with non-Muslim women are permissible in classical literature. On the other hand, Muslim communities in Muslim-majority countries have progressively transcended racial, religious, and social differences. The rate of interfaith marriage in Muslim countries is increasing due to globalization, which has raised such controversial issues that some contemporary scholars have reinterpreted the issue based on understanding the related scriptural text. However, this study will examine the interfaith marriage of the MUI fatwa by reviewing the views of classical scholars on the issue. This study aims to answer questions about: first, how legal doctrine proposed by classical scholars and contemporary scholars is; second, the background to the MUI fatwa and the basis for the arguments presented; and third, the dynamics of the emergence of interfaith marriage rules in Indonesia. This study compared Islamic legal tradition with MUI fatwa arguments in its analysis. This study employs classical Islamic literature such tafsir books, the book of comparative figh madhhab (or schools), and MUI's document related to the study's topic. However, this research revealed that the Islamic legal tradition has influenced the formulation of the fatwa-making on interfaith marriage from the MUI'S standpoint, which disregarded modern viewpoints when examining the interfaith marriage issue. This study adds to the body of information or range of perspectives on the subject of interfaith marriage.