The impact of the Omnibus Law on the Cipta Karya Bill also had an impact on Act No. 33 of 2014 concerning Halal Product Assurance Act. The Deputy Secretary General of the Indonesia Council of Ulama, Fatwa Council (MUI), Drs. KH. Sholahuddin Al Aiyub, M.Sc., explained that the fiqh law used in halal certification is qodho’i fiqh which is final and binding and is at the level of state regulation.
(Read also: IHW: Work Draft BillPotentially Eliminates the Role of Ulama in Determining Fatwa of Halal Products)
According to him, the nature of jurisprudence is divided into two, namely ordinary fiqh and qada’i fiqh. For ordinary fiqh opinions or fatwas, every mass organization has the same authority to determine its law. It is possible for differences in decisions in one variant.
Meanwhile, in the context of halal certification, the jurisprudence used is qada’i fiqh which is final and binding and already at the level of state regulations. So, differences are not allowed. That is, authority cannot be shared with anyone. Even though the references are the same, if the fatwa is different it cannot be done.
“For example, there are 10 opinions, when the state or the person appointed by the state takes opinion “A”, then the opinion applies. That is the qada’i fiqh. So there is no opportunity for opinion after that. If it is opened, there will be chaos in fatwa decision “he explained.
It is clearer, when the judge in this case the government has established a law, then this law is binding and should have eliminated all differences. This is the strong reason in fiqh, why the determination of fatwa must be carried out by MUI.
As we know, that MUI is, the shelter of Islamic mass organizations where Muslim Ulama, zuama and Muslim scholars gather, from Nahdhlatul Ulama, Muhammadiyah, Al Irsyad Al Islamiyah, Matlaul Anwar and 59 other Islamic Organizations to the Islamic Union.
In addition, the government also does not have the capacity to decide and formulate matters relating to the substance of religious teachings. In this case, the government has been asking and trusting the MUI. “If the MUI bans, the new government can make policies or administrative restrictions,” said Aiyub.
In fiqh, he continued, halal is included in the terminology of religion and law. The determination of a halal or haram product can only be done by a competent person. In halal certification, the authority to determine the halal product law or fatwa must be given to a competent institution, the MUI Fatwa Commission.
He also added, for the sake of facilitating investment it is OK if then the government wants to change things. But do not lose the principles of halal certification, which is a guarantee of belief from religious principles. Unfortunately, the omnibus law of the Cipta Karya Bill actually harms religious principles. (*)
