Fatwas of the Indonesian Ulema Council (MUI) on National Strategic Issues 2006-2018 in the Perspective of Maqashid al-Syariah

This study discusses the Fatwa issued by the Indonesian Ulema Council on National Strategic Issues 2006-2018. The discussion is important because MUI's authority in issuing fatwas is still directly proportional to the diversity of the Muslim community in Indonesia. Knowing the MUI's considerations in issuing a fatwa will certainly influence the appreciation of implementing the fatwa. However, studies on MUI fatwas are still limited to the study of faith and worship, although nationality is also a priority for MUI in giving fatwas. In constructing the results of the study, the authors use the normative law method, so the legal source obtained becomes the secondary data. The results of the study concluded that MUI's consideration in issuing fatwa on National Strategic Issues is hifz al-ummah. Hifz al-ummah is an aspect of al-daruriyah in maqashid al-shariah, namely maintaining the principles of "togetherness" or "national integrity" as a nation, and seeking the benefit of being present in that life.


A. Introduction
Regarding the role of the Indonesian Ulema Council (MUI) as an institution that has the authority in issuing Fatwa in Indonesia, of course, it is always intertwined with the dynamics of national and state life. This is because the changes in circumstances and conditions in the midst of the life of the Indonesian people have greatly influenced the considerations of the fatwas that must be issued; Indonesia's socio-political situation also has a significant influence on the style and strategy of the MUI when it carries out their duties to protect people. 1 Interestingly, various studies have revealed that MUI has always been the main reference in understanding Islamic law by the Indonesian Muslim community. 2 The Fatwas issued by MUI have always been the main reference for Muslims in carrying out their prayers; for the government, MUI fatwa becomes a consideration in making the best decision. Of course, MUI has taken and selected the opinions of scholars who have a strong understanding of Islamic law; which brings more benefits; more in accordance with the situation and conditions that occur in the society. 3 It becomes even more interesting, considering that the fatwas issued by the progress that must be in accordance with the demands of the times. In establishing a fatwa on marriage, the Indonesian Ulema Council uses the approaches of mashlahah al-mursalah and sadd adz-dzrai'ah to create maqashid ash-shari'ah. 6 4 Nurhayati and Muhammad Syukri Albani Nasution, "Maqāsīd Al-Sharīa in the Fatwa of the Indonesian Ulama Council Regarding Congregational Worship During the COVID-19 Pandemic," Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum 54, no. 2 (September 10, 2020): 252, accessed January 9, 2023, http://www.asy-syirah.uin-suka.com/index.php/AS/article/view/895. 5 Puteh and Tanjung, "THE USE OF MASK AND STRETCHING THE SHAF OF JUSTICE PRAYERS IN THE  PANDEMIC PERIOD IN MUI FATWA NUMBER 31 OF 2020: QAWAID FIQHIYYAH PERSPECTIVE,"  However, up to this point, there has been no research that discusses MUI fatwas regarding Masāil Asāsiyyah Wathaniyyah (National Strategic Issues). In fact, the aspect of nationality is also an important part of Islamic studies. Therefore, this study will focus on discussing this issue.
In contrast to previous studies, which generally discussed MUI procedures for giving fatwas, which were accentuated on the accuracy of the arguments used, or focusing on maqashid al-shariah considerations in MUI fatwas but limited to aldharuriyah al-khamsah (hifz al-din , hifz al-nafs , hifz al-'qal, hifz al-nasl , and hifz almal). This study is the development of maqashid al-shariah study, namely hifz alummah that will be discussed further in the following discussion. Thus, the research question in this study is to what extent has the concept of hifz al-ummah as part of

Maqashid al-Syariah played a role in the MUI fatwa formulations on Masāil Asāsiyyah
Wathaniyyah (National Strategic Issues)?

B. Maqashid al-Syariah: From al-Daruriah al-Khams to al-Daruriah al-Sab'ah
Certainly, the goal of Islamic law is the public interest (al-maslahah) in this world and the hereafter. Therefore, the law of Allah SWT (al-Shari') is a law that is always oriented towards the benefit of all His servants -covering all aspects of life. 7 Indicators of maslahah (public interest) in Islamic law can be seen when humans focus on five things, namely hifz al-din (safeguarding religion), hifz al-nafs (protecting the soul), hifz al-'aql (safeguarding the mind), hifz al-nasl ( protecting children), and hifz al-mal (protecting property). 8 Moreover, everything that threatens these five things, is called mafsadah which is the opposite of Maslahah. 9 This benefit indicator is known as al-dharuriyah al-khams, which is sometimes also On the other hand, globalization in the 21st century has caused humans to experience a shift from ideological and political conflict to competition in trade, investment, and information. In addition, the strength of a country and society in its interactions with other countries or societies is determined by the ability to take advantage of comparative hallmarks.
Al-dharuriyah classification "which is only understood" by fulfilling basic needs, or doing something to obtain food directly to sustain life, for example by hunting or looking for tubers in the forest; catching fish in rivers or at sea-as in the classic Ushul fiqh formulation-has been considered to fulfill the al-dharuriyah aspect, in the end, it must be increased at least to a "decent" level. The standard of eligibility in question is the level required for everyone to live properly and be able to compete with other parties or people so that they are respected and taken into account; not cheated and deceived. 13 In addition, the grouping of al-dharuriyah al-khams which is criticized for protection and fulfilment of the needs of the people (community) and hifz al-bi'ah: protection and fulfilment of environmental needs. 14 It should be understood that the only part of this research is hifz al-ummah.
The term ummah comes from the word amma-yaummu which means to lead, to support, and to imitate. Then came the word umm which means mother and priest means leader because these two always connote being a role model, a pedestal of views, and the hope of community members. 15 The term ummah does not always have a religious connotation. In some statements "seriously" distinguishes between the religious meaning and the social meanings. Ummah can mean time, pattern, or method, or it can also mean community. The community is defined as a religious community in general (or part of a religion) where ummah also describes several communities. Now the term is also interpreted simply by the Islamic community because it is believed to contain a religious meaning rather than a socio-historical meaning. 16 It should be noted that the ummah itself is not part of a particular Islamic culture, although, on the one hand, it always shows a strong influence on Arab culture. What is more probable is that the ummah is a cultural cluster of Muslim communities in various places that provide harmony and complementarity. This trans-cultural Islamic culture unites and perpetuates the ummah and describes the powers and special qualities that arise from the various components of its real culture. 17 In the verses of the Al-Qur'an, the word ummah with various forms is foundapproximately-as many as 64 words with various meanings. The word ummah in the singular is repeated 51 times; in the plural form 13 times. This repetition is found in 25 surahs. 18 Variants of meaning from the term ummah can at least be classified as nation, society or community group, religion or religious community, time or term, and also leader or synonym with priests. 19 Ummah can also be interpreted as all humans, even all living things.
With these various meanings, today it is more difficult to limit how the word ummah functions, because since the emergence of the concept of the nation-state, at least for Muslims themselves they are faced with the big problem of placing religion's position in spatial-geographical political issues. This is the reality that Muslims must accept in going into a new phase of civilization.
This phenomenon of life also influences the reduction of the meaning of the term al-ummah by some scholars, to "all groups brought together by something, 16   On the way to benefit, all of Indonesia's bloodshed is guaranteed the freedom to practice their respective religions (tolerance). Because Indonesia has claimed to be a nation with God, this is certainly the basic capital for creating harmony in the social system, because facts are common, jealousy due to the exclusivity of certain religions, or restrictions on the practice of religion will lead to severe conflict, even to the point of bloodshed. Belief in God means not acknowledging the existence of multiple gods, but respecting every believer in God.
In maintaining and developing the life of the ummah, cooperation on the basis of humanity is needed. This collaboration is certainly an acceleration toward the common good. Humanity, meaning that the Indonesian nation's competition is not tested on where it comes from, ethnic or cultural background, however, to answer who the Indonesian nation is, it is always tested on whose aspect is most beneficial for human life as a whole.
The phrase Indonesian unity is also an aspect of al-daruriat, even though the ummah meaning of this precept is reduced to just the Indonesian nation, but this is very important. Because don't let this nation want to be divided by any nation, which sometimes propagates enmity among the nation's children. That is, without unity, it is impossible to achieve general welfare or prosperity.
This also relates to deliberation. The public good cannot only be based on the logic of the majority. Therefore, to accommodate minority rights, deliberation is a tool in hifz al-ummah. Most importantly, the basic pillar of deliberation is that it must be based on the principle of justice which is based on equality (al-musawah), because discrimination is one of the destroyers and obstacles to the preservation and development of the social system. 21

Table 1. Collection of MUI Fatwas on National Strategic Issues in 2016-2018
Year Fatwas In its preamble, MUI emphasized that "Islamic teachings oblige its adherents to love the country and defend their homeland". The fatwa also takes into consideration the "phenomenon that has occurred recently in the life of the nation and state", namely,

‫املصال‬ ‫جلب‬ ‫على‬ ‫مقدم‬ ‫املفاسد‬ ‫درء‬
Preventing damage is more priority than bringing benefits. This rule is enforced if there is a conflict between damage and benefit. 23 Rebels of a country, or a region that declares they want to separate themselves from the unity of the country, often use the benefit as their reason. However, in reality, it is the damage that results from these efforts.

Second, "Harmonization of Religious Thinking Framework in the National
Context". In the fatwa it is explained, "in the life of the nation and state, religion must be used as a source of inspiration and guiding principles, so that there is no clash between the religious frame of mind and the frame of mind of nationality". 24 Third, "Taswiyāt al-Manhaj (Equalization of Mindset in Religious Issues)".
Not getting involved in dissent is encouraged, but not mandatory. Differences of opinion that occur-actually-is are a natural thing. What is not normal is the attitude of "those who feel that only their own opinion is the most correct and tends to blame other opinions and reject dialogue". This latter attitude, of course, will destroy social harmony.
A self-righteous attitude, in the MUI fatwa, is explained as an attitude that is contrary to the principle of tolerance (al-tasamuh). This attitude also includes Leadership must be intended to achieve legal goals (Maqashid al-Syariah).
Second, "Criteria for Compliance with Ulil Amri (Government) and its Limits". According to the MUI, government policies that are aligned with religious goals, including those that are still khilafiyah but for the public interest, must be obeyed. Meanwhile, government policies that are clearly contrary to religious principles do not have to be obeyed. within an ethical frame, mutual respect, and mutual respect between elements of the nation.
Fifth, "General Election of Regional Heads". This time, the MUI fatwa can be said to a systemic criticism and social criticism. The reason is in the fifth part of this fatwa, according to the MUI.
Currently, the direct election of regional heads has enormous benefits, including (i) the emergence of disharmony in the leadership hierarchy nationally; Third, "Religious Radicalism and its Countermeasures". The MUI has issued a fatwa, "Religious radicalism which is manifested in the form of acts of terrorism is a crime against humanity and civilization and fulfils the elements of a criminal act (jarimah) which must be charged with severe punishment. 28 Ibid., 1365.
Fourth, "Land Utilization for the Welfare of the People and the Nation". MUI wants in its fatwa, that land is used optimally and must be protected from damage for the sake of the survival of the Indonesian people.
Fifth, "Absorption of Islamic Law into National Law". In order for the absorption of Islamic law into national law to be carried out in an optimal, effective, and sustainable manner, it is hoped that the MUI will advocate for the preparation of Draft Laws and other statutory regulations.  Hifz al-din (safeguarding religion and diversity), has been explicitly published by the MUI in the Criteria for Disbelief (Dhawābit al-Takfīri) and Religious Radicalism and its Countermeasures. This is intended so that the religious knowledge of the Muslim community in Indonesia is maintained. Likewise, with the religious aspect, the MUI has explained that a Muslim must be religious in an Islamic, moderate (al-Tawassuth), balanced (al-Tawazun), and dynamic manner.
Hifz al-nafs (guarding the soul), has been neatly attached to "Implementation of the Concept of Human Rights in the Life of the Nation and State". MUI gave a fatwa, so that Muslims support the government in promoting, fulfilling, protecting, and upholding human rights in accordance with the constitution. Thus, a society that is in accordance with the values of Pancasila is realized.
Hifz al-'aql (maintaining common sense), has been issued by the MUI in "harmonization of the Religious Thinking Framework in the National Context". In the fatwa it is explained, in the life of the nation and state, religion must be used as a source of inspiration and guiding principles, so that there is no clash between the religious frame of mind and the framework of national thought.