Ahmad Hilmi, Moh. Najib, Hasan Bisri, Burhanuddin, Heris Suhendar
The similarity of legal sources in issuing fatwas between Dar al-Ifta’ Egypt and the National Sharia Board-Indonesian Ulema Council does not guarantee uniformity of decisions from both institutions. This study analyzes the methodology of fatwa issuance; the social, political, and regulatory factors that influence the construction of fatwa issuance; and its implications for Islamic economic law. Adopting a comparative juridical normative method, the legal materials include fatwa texts, financial regulations, and fiqh muʿamalah literature. Critical discourse analysis and critical legal analysis are used to interpret fatwas as legal products based on evidence and influenced by the power structure and configuration of national regulations. The research findings show that Dar al-Ifta’ adopts a contextual approach based on maṣlaḥah, which is in line with national economic policies, resulting in progressive fatwas on conventional banking issues and cautious on issues outside the national interest. In contrast, the National Sharia Board–Indonesian Ulema Council applies a normative–textual method with a collective ijtihad mechanism that is responsive to the needs of the Islamic financial industry and digital innovation while also providing an alternative to Islamic contracts to prohibited conventional practices. This study concludes that differences in fatwas are not solely caused by differences in istinbaṭ methods but rather result from the interaction between institutional authority, the sociopolitical context, and the national regulatory system. This study provides a conceptual foundation for fatwa institutions and policymakers to harmonize methodologies and regulations to produce decisions that are more consistent, adaptive, and relevant to the dynamics of the contemporary Islamic financial industry. © 2025, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan. All rights reserved.
Program Studi Ekonomi Islam, Universitas Negeri Surabaya, Surabaya, Indonesia; Pasca Sarjana, UIN Sunan Gunung Djati, Bandung, Indonesia; Universitas Islam Negeri Sunan Gunung Djati Bandung, Bandung, Indonesia
