Rumah Fiqih Indonesia : Challenging The Fatwa Shopping

M. Irfan Wahid
IAIN Palangka Raya
mirfanw1@gmail.com

ABSTRACT
Most of the websites that offering online fatwa favour a question and answer format, wherein guidance is provided by a particular imam, or sometimes by a team of religious scholars. Recently, Muslim often choose to ask their questions online for a number of reasons. The internet gives people in urban areas an extra tool to quickly access the information they need with much quicker and easier way of obtaining answers. The merit of online fatwa is that they allow almost anyone to set themselves up as an authority and issue legal opinios that can leads to information anarchy. It becomes even more difficult to know what information is credible and what is not. In absence of a formal framework for deciding who can become an internet mufti, it is very hard to stop people from declaring themselves to be Muslim scholars. In Indonesia, several Muslim scholars built a study center which they named the Indonesian Fiqh House (Rumah Fiqih Indonesia). The study center also often presents online fatwa and discusses several Islamic thought issues. To find out how Rumah Fiqih Indonesia present online fatwa content and the extent of their credibility with Islamic literature, this paper uses a content analysis approach. The result, it was found that Rumah Fiqih Indonesia continued to use traditional and conventional approaches by providing answers using reliable reference sources even though using the internet as a media for their publication.
Keyword: Fatwa, Internet, Mufti, Online, Fiqih
ABSTRAK
Sebagian besar situs web yang menawarkan fatwa online mendukung format tanya jawab, di mana bimbingan diberikan oleh imam tertentu, atau kadang-kadang oleh tim ulama. Baru-baru ini, Muslim sering memilih untuk mengajukan pertanyaan mereka secara online karena sejumlah alasan. Internet memberi orang-orang di daerah perkotaan alat tambahan untuk dengan cepat mengakses informasi yang mereka butuhkan dengan cara yang lebih cepat dan mudah untuk mendapatkan jawaban. Kelebihan dari fatwa online adalah bahwa mereka mengizinkan hampir semua orang untuk mengatur diri mereka sendiri sebagai otoritas dan mengeluarkan opinios hukum yang dapat menyebabkan anarki informasi. Menjadi semakin sulit untuk mengetahui informasi apa yang kredibel dan mana yang tidak. Dengan tidak adanya kerangka kerja formal untuk memutuskan siapa yang bisa menjadi mufti internet, sangat sulit untuk menghentikan orang dari menyatakan diri mereka sebagai cendekiawan Muslim. Di Indonesia, beberapa cendekiawan Muslim membangun pusat studi yang mereka beri nama Rumah Fiqih Indonesia (Rumah Fiqih Indonesia). Pusat studi juga sering menyajikan fatwa online dan membahas beberapa masalah pemikiran Islam. Untuk mengetahui bagaimana Rumah Fiqih Indonesia menyajikan konten fatwa online dan tingkat kredibilitasnya dengan literatur Islam, makalah ini menggunakan pendekatan analisis konten. Hasilnya, ditemukan bahwa Rumah Fiqih Indonesia terus menggunakan pendekatan tradisional dan konvensional dengan memberikan jawaban menggunakan sumber referensi yang dapat diandalkan meskipun menggunakan internet sebagai media untuk publikasi mereka.
Kata kunci: Fatwa, Internet, Mufti, Online, Fiqih

INTRODUCTION
Today, everything can be obtained via the internet. Only with the touch of a finger, all access to information can be enjoyed anytime and anywhere. In Indonesia, internet usage has reached 64.8 percent of the total population of Indonesia. With details of the total population of 264 million people in Indonesia, there are 171.17 million people who have been connected to the internet. Moreover, according to data from the results of a survey of the Indonesian Internet User Behavior Penetration and Profile conducted by the Indonesian Internet Service Providers Association (Asosiasi Penyelenggara Jasa Internet Indonesia) in 2018 it was stated that the growth of internet users from 2017 to 2018 was 27.91 million people or 10.12 percent of total population growth in 2018.
The survey results illustrate that the Indonesian people use the internet for various purposes such as communication, social media, searching for information, watching online, to conducting financial transactions online. All of these things can be easily done like "the world at your fingertips".
In the Muslim community, at the beginning of its emergence, the internet was once a debatable phenomenon (Al-Kandari: 2014). Some people consider that the use of the internet is prohibited. However, lot of muslim use it as a medium to spread an Islamic teaching that can be easily accessed and used for positive things. However, due to the unequal factor in infrastructure and facilities in various other regions, internet access is limited for urban Muslims living in cities.
Indonesian urban Muslims are preoccupied by metropolitan life that is competitive and individualistic. This gradually makes them feel empty of religious spiritual values. In contrast to rural communities who hold fast the traditional Islamic characteristics, which the access to religious knowledge can be easily done by consulting directly to the kyai. Urban Muslims tend to know the religious issues from the internet that they can access instantly, popularly and practically from the internet (Jati:2016).
As an information media, the internet actually makes it easier for people to be able to access information that is accessible and unlimited. However, this ease of access ultimately provides an open road to the emergence of anonymity. With anonymity, a person can provide or obtain information without having to know their identity. Until, as a result, this anonymity can make the credibility of information questionable.
This is compounded by the tendency of urban communities to receive a variety of information without considering the identity and credibility of the source. Until finally, it can impact on the emergence of the information anarchy that can threaten the credibility of the long-respected authority of Islamic jurisprudence.
In the context of online fatwas,  the absence of formal rules that can be used as a justification for determining someone has the right to become an  internet mufti. The absence of formal rules caused the emergence of the fatwa shopping phenomenon and the information anarchy.
Hosen (2008) once discussed the issue of fatwa shopping in his writing entitled Online fatwas in Indonesia. Hosen explained how the online fatwa was appeared as a new phenomenon that had positive and negative effects in the Islamic jurisprudence. In addition to expose the issue of the phenomenon of online fatwas and fatwa shopping, Hosen also discussed how the efforts of three community organizations in Indonesia such as NU, Muhammadiyah and MUI that remained with the conventional concept of fatwa socialization in the midst of the rapid flow of internet information. However, this study only focused on these three organizations.
Furthermore, Illar (2010) also discussed cyber fatwa in Europe and its relation to classical Islamic jurisprudence. Illar seeks to compare the traditional Islamic cyber framework with progressive Islamic cyberspace in presenting information about Islam through internet. Unfortunately, this study does not mention cyber fatwa pages in Indonesia.
To fill in the gaps, this paper written as an analysis of how the Indonesian Fiqh House website responds to the phenomenon of fatwa shopping and illustrates how Rumah Fiqih Indonesia presents fatwas based from questions addressed to them.

DISCUSSION 
Mufti, Mustafti and The Online Fatwa
As an initial discussion in this paper, we must first recognize the definitions of fatwa, mufti and mustafti which are very closely related. Because fatwa was based from the mustafti question. A fatwa does not come from a vacuum.
Etymologically, fatwa comes from the root of the word afta-yufti-ifta’ (أفتى – يفتي - إفتاء) which means answering other people's questions. As expressed in Arabic:
أفتيته فتوى و فتيا إذا أجبته عن مسألته
I gave him a fatwa, so the intention is that I answer his question.

And terminologically, the word fatwa is defined by the scholars with various definitions which include:
تبيين الحكم الشرعي عن دليل لمن سأل عنه
Explanation of shar'i law based on the proposition to the person asking the question. (Sarwat:2014)
However, As-Shaykh Muhammad Sulaiman Abdullah Al-Asyqar (1976) in his book entitled Al-Futya wa Manahij Al-Fatwa added at the end of the aformentioned definition:
			في أمر نازل
In new cases.
It can be concluded more specifically that the fatwa is the answer or explanation of the questions addressed and related to religious jurisprudence. In the process, this fatwa is produced from the method of legal conclusions (istinbath) based on related arguments.
As an interactive relation, a fatwa occurs due to dialectical interaction between the person asking the question and the person answering the question. In this context, the person asking the question is called mustafti, and the person answering called the mufti.
In language, mufti is the person who gives fatwa. As mentioned,
المفتي لغة : اسم فاعل أفتى. فمن أفتى مرّةً فهو مفتٍ
Mufti in the language definition is the subject form of the work of giving fatwa. Thus, a person who gives a fatwa even if only once, can be called a mufti in language.

As for the term, mufti can be defined as follows:
من قام للناس بأمردينهم و علم جمل عموم القرآن و خصوصه و ناسخه و منسوخه و كذلك السنن و الاستنباط
Mufti is a person who deals with matters of religion for others. He is a person who has knowledge of the Koran both global and specific, both nasikh (erase) or mansukh (erased), he also knows the sunnah and the procedures for drawing legal conclusions.

Furthermore, Az-Zarkasyi defines the mufti (Sarwat:2014) as:
المفتي من كان عالما بجميع الأحكام الشرعية بالقوة القريبة من الفعل
Mufti is a person who has good knowledge of all sharia law and also practices it.
Whereas mustafti is a person who raises questions to the mufti provided that the questions asked must be concrete and realistic problems, not something abstract and not real. This can help the mufti to understand the problem deeply and relate it to reality (al-waqi ') that is close to mustafti.
To get a good understanding of the fatwa and its consequences, we can liken the mufti as an interpreter who accompanies a judge in deciding an issue. When the judge may interpret the arguments to obtain a law that does not yet exist, a translator can only convey what the judge said textually.
From this parable, it can be understood that if a mufti has not reached the capacity of ijtihad he is only required to express opinions that have been discussed by a mujtahid. But on the contrary, another opinion assume that the mufti also had the authority of ijtihad, but the ijtihad conducted by the mufti is not required to be obeyed.
Therefore, a mufti can do a “limited ijtihad” when answering mustafti questions. Unlike a mujtahid who has the freedom to do ijtihad at any time without having to wait for questions.
As one of the instruments of Islamic jurisprudence that has an honorable position, a mufti is required to have the ability to observe the law from two main sources of Islamic religious texts. Al-Qur’an and hadits. More than that, the mufti must implement both of it in their exoteric aspects of their lifes.
As a bridge between reality and legal issues asked by mustafti, a mufti should submit to the formal rules of disembarkation. These formal rules serve as marks for their credibility and as quality control over the resulting fatwas.
In addition, a mufti is required to be a bridge that connects the problem in question with the reality that occurs. Therefore, the scholars agree that in addition to the mandatory requirements such as Muslims, mukallaf, fair, be able to conduct the ijtihad, a mufti must also have an awareness to the reality (al-waqi') and have a good understand on it.
For this reason, a mufti must also have the ability to always be “up to date” on the issues and progress that is happening around them. This can be done by directly involved in people's lives and always have a mutual interactions with them. It also helps a mufti to be deeply understand the questions adressed to them and to offer solutions that are considered relevant to the mustafti circumstances.
Some opinions assume that psychologically a mufti is required to have emotional intelligence and good self-control abilities. Because, in the emotional state of losing or self-control tends to open the way for the subjective element that must be avoided in the devotion.
Finally, a mufti may not depend on his status as a mufti for his livelihood. Because it is feared, there will be a conflict of interest that disrupts a mufti in carrying out his duties.

Classic Fatwa Issuing
The scholars agree that a mufti must pass standard procedures before being able to issue a fatwa. This process is considered part of the mufti's ijtihad apparatus. As a methodology, the method of istinbath fatwa is ijtihad itself. Surely the scholars sometimes have differing views on the position of qiyas, hadits dha’if even in the use of ratios. 
I will not elaborate on the methodology of legal adoption used by the Muftis, but I will focus on the technical review of the fatwa process itself.
In his book, Muhammad Sulaiman Al-Asyqar explains the process of ishdar fatwa in a special chapter. It stated that every answer given by a mufti must go through the process of assessment that is correct and in accordance with the procedure of taking law in Islam. Therefore, according to Al-Asyqar, a mufti must choose carefully the diction he will use in delivering the fatwa.
Furthermore, a mufti must examine in depth the arguments or opinions of the priests who will later be used as a basis for devotion. Rather than simply answering questions in a nutshell, a mufti can describe istidlal which he uses in a problem to mustafti.
In general, besides submitting his fatwa in writing, a mufti can also explain his fatwa in the form of verbal and sign. Each certainly has advantages and disadvantages. However, written fatwa are better known in the community and easily documented.

The Online Fatwa
As time progressed, fatwas have begun to be presented on internet pages. People can easily access the fatwa presented in cyberspace. With a touch in the Google search engine, various fatwa appear unstoppable. Anyone can easily display a fatwa without worrying about their identity being discovered. Likewise for mustafti, he easily chooses among the many choices, which fatwas he thinks are relevant and easy to implement. From this anonymity, it is difficult for us to validate the information provided on the page.
In Indonesia, there are three large Islamic organizations that have fatwa council. There was the Bahtsul Masail from the Nahdlatul Ulama Organization, then the Majelis Tarjih from the Muhammadiyah Organization and the Fatwa Commission from the Indonesian Ulema Council (Majelis Ulama Indonesia).
When discussing how the fatwas were socialized by these three institutions, Hosen (2008) mentioned that the Nahdlatul Ulama Organization from 1926 to 1940 and several cases that occurred in the 1940 to 1994 period had given rise to a fatwa compilation book entitled The Religious Problems of the Conference Results and the Nahdlatul Ulama 1926 National Conference. -1994. But unfortunately, this book is still difficult to find even in large book stores.
Likewise the Muhammadiyah Tarjih Decision Book (Hosen 2008), although distributed internally in Muhammadiyah schools, unfortunately still needs revision to simplify the language used and beautify its layout.
Likewise, the compilation of Fatwa MUI compilation books that are still not well distributed despite having very important and highly contextual content. The process of distributing this book has been criticized for not really being able to reach the grassroots community who really need fatwas to answer the problems of their lives.
Therefore, it can be concluded that the use of the internet as a media for fatwa socialization is very important. In addition to easy access for the public, fatwas disseminated on the internet pages also help digitally document fatwa documentation systems.

Fatwa Shopping
Because of its non-binding nature, the fatwa provides a loophole for mustafti to look for other points of view or second opinions from different muftis. This is common when mustafti feels that the context translated by mufti is different from what his faced.
The taking of a second opinion can also occur if the mustafti feels that the opinion of a mufti is considered different from the interpretation that he believes so far. This is certainly not necessarily the thing that makes the credibility of a mufti questionable. This can happen because a mufti must weigh many things in a case.
Another thing that allows a mustafti to choose a second opinion other than a fatwa given by a mufti is the tendency of the mustafti to seek an easier opinion (tatabbu 'al-rukhash). These last two things then caused the emergence a term known as "fatwa shopping".
In his paper, Hosen defines shopping fatwa as a process of looking for fatwas in internet pages that are in accordance with the opinion of mustafti (Hosen: 2008). This is to the extent that a mustafti can consider not only one, two, three, four or any number of fatwas he encounters in a problem without considering the credibility and qualifications of the mufti. Until he found the answer he considered most in accordance with the reality he faced.
On the one hand, this can be considered a positive breakthrough to educate the public about the richness of opinions or perspectives in Islamic law. This diversity is a blessing that helps widen the perspective that interpretations of religious texts have always been a difference (Hosen: 2008).
A Muslim should see the diversity of this interpretation as an intellectual property that was once owned by the treasures of the Islamic world. In this case, an ijtihad can stand side by side with another ijtihad. Without being able to cancel each other out. Al-Ijtihad laa yunqadh bi Al-Ijtihad. The difference or ikhtilaf that occurs is a blessing. From this framework, a Muslim can see ikhtilaf as a window that does not narrow the point of view, but instead can enrich the perspective of his thinking.
Unfortunately, according to Hosen, not everyone can think that way. On the other hand, there are some people who think that the truth is only in one opinion. This is what in one case can encourage a mustafti to always do the search for fatwas which he considers (in his personal opinion) as an absolute truth that is in accordance with his beliefs and rejects other opinions that conflict their interest. On the internet, he can surf the various opinions of anonymous accounts that are presented as alternatives to the “truth” he will choose.
This in turn can bring negative effects from various things. Among them, as written by Derek Illar (2010), about a case of a planned bombing that occurred in Germany as a reaction to Cartoons of the Prophet Muhammad which were considered by the Muslim community in Europe as harassment.
This is interesting, in fact, before carrying out its action at the Dortmund-Koblenz station, the two perpetrators allegedly had to search for fatwas on the internet which they later used as a basis for legitimacy to carry out mass bombings against civil society.
The results of the search led to various fatwas about suicide bombings. Between the fatwas, the two actors chose the opinions that suit with their opinions without considering the credibility and relevance of the fatwa to the reality around them.

Rumah Fiqih Indonesia
Rumah Fiqih Indonesia is an Indonesian website that presents the content of the Islamic jurisprudence studies. This page is supervised by Ustadz Ahmad Sarwat and assisted by 15 scholars. They all have graduate educational backgrounds in Islamic studies and some of them have reached master level.
Supported by these scholars, this site provides several menus including twenty Q and A categories (fatwas) which include discussions about Aqeedah, Al-Quran, Hadith, Usul Fiqh, Thaharah, Salat, Zakat, Fasting, Hajj, Muamalat, Munakahat, Mawaris, Culinary, Qurban Aqiqah, Country, Contemporary, Woman Issues, Da'wah, Jinayat and Common Issues. And from all of these categories, each is broken down into several sub-themes.
In addition to presenting a question and answer menu (fatwa), this page also provides articles written by its mentors which include writings with various themes, such as Fikrah, Tafsir, Hadith, Usul Fiqh, Dirasah Mazahib, Fiqh Nisa, Bibliography of Fiqh and Sharia Economic Law.
The builders of this page are classified as actively using social media and technology as a tool to deliver their Islamic articles. Not only that, the builders of this page also use video media with the title Yas’alunak (They ask you). These videos contain fatwas that are delivered orally from questions submitted to them.
Challenging the Fatwa Shopping
It is interesting to note that the Rumah Fiqih Indonesia website often presents different opinions of the scholars in each of their fatwa answers. Rather than leading to one answer, this site instead displays these differences clearly and leaves it to the questioner to choose which fatwa they deem appropriate.
Like a question that was entered from an anonymous account that was answered on Tuesday, April 7, 2015. The anonymous questioned why Rumah Fiqih Indonesia always displays differences of opinion of scholars in every answer to their questions. Neither does it conclude which is the correct opinion and which opinion is wrong in the answer. The questioner assumed that Rumah Fiqih Indonesia should provide recommendations on which answers should be chosen. Instead of letting the audience choose for themselves among the many fatwas described, because it is considered to be misleading.
In the release of the answer, Rumah Fiqih Indonesia acknowledged that differences of opinion among scholars were deliberately displayed dominantly on its website. This is based on several important things to consider.
The first is that the reality of differences of opinion that exist among scholars cannot be denied. Because understanding the Qur'an and Sunnah itself brought out many different interpretations. This comes from the ijtihad efforts of the scholars who had the capacity and credibility. In the end, the difference is already considered as a reality that does not need to be covered up anymore.
Secondly, as long as these differences are not within the area of ​​fundamental issues it is still very tolerable. And what has often been the object of difference is in fact the problem of Furu'iyah and is not fundamental.
Another thing that becomes a consideration for Rumah Fiqih Indonesia when they display differences of opinion is to educate the public that differences of opinion of scholars are not divisions.
Instead, the effort to unite the people is not by suppressing different opinions. Because, the fact is there are people who cannot accept differences of opinion among scholars. It is as if the differences of opinion were to be denied and erased from the history.
What the Rumah Fiqih Indonesia emphasizes when displaying these differences of opinion is that they are trying to provide education or provide understanding to people that all the differences of opinion are a necessity that cannot be denied by this people. As long as the difference is still in the realm of khilafiyyah, we will always be open to accept other opinions.
That is as stated in their answer when commenting on people who deny the difference on the grounds that the difference actually becomes a gap that threatens the unity of the people, as written:
The reason sometimes seems noble, namely that Muslims are not compartmentalized in many different opinions. But sometimes the method isn't quite right. Instead of this people being given insight and being educated, what was done instead was to finish off opinions they didn't like. The funny thing is that the chosen criteria are solely at heart and not because of a standard rule.
Despite opening wide freedom for mustafti to find their own opinions among different opinions. Rumah Fiqih Indonesia also provides clear boundaries on which opinions are credible and can be called proofs for attention.
The answer is that only the origin of any opinion, of course, should not be arbitrarily chosen and followed. Because everyone can argue, and opinions become so many versions ...
Rumah Fiqih Indonesia limits which fatwa criteria can be taken and practiced.
But what is meant by opinion here is the opinion of professional people whose integrity and capacity are recognized throughout the ages, namely the legal opinions of fiqh which are the results of the analysis of well-known jurists.
Furthermore, Rumah Fiqih Indonesia also stressed that a fatwa should have been born from an in-depth and comprehensive study process in the hands of experts.
So the most important thing is whether a problem has been studied in depth by fuqaha who are experts in the field or not. If it has been studied in depth, it means that the problem already has a valid answer and may be followed, although it may be that the versions differ from one scholar to another.

CLOSING 
What is emphasized is that the Rumah Fiqih Indonesia is deliberately displaying differences of opinion of scholars not as an effort to let people choose themselves as they wish. But rather as an effort to provide education that differences do exist.
On the other hand, Rumah Fiqih Indonesia also limits that not all opinions can be accepted without an in-depth study that follows the procedure of making a fatwa. This becomes important, that in addition to trying to accommodate openness to accept differences. We must also be selective about fatwas presented by understanding the criteria of the mufti and how the method of a fatwa been issued.

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Websites
Asosiasi Penyelenggara Jasa Internet Indonesia (APJII).  Hasil Survei Penetrasi dan Perilaku Pengguna Internet Indonesia 2018. Retrieved 28 June, 2019, from https://apjii.or.id/content/read/39/410/Hasil-Survei-Penetrasi-dan-Perilaku-Pengguna-Internet-Indonesia-2018 
Rumah Fiqih Indonesia. Mengapa Rumah Fiqih Selalu Menampilkan Perbedaan Pendapat?. Retrieved  July 2, 2019, from http://www.rumahfiqih.com/konsultasi-1428272774-mengapa-rumah-fiqih-selalu-menampilkan-perbedaan-pendapat.html/
Rumah Fiqih Indonesia. Bolehkah Memilih Pendapat Yang Mana Saja?. Retrieved July 2, 2019, from http://www.rumahfiqih.com/konsultasi-1400924947-bolehkah-memilih-pendapat-yang-mana-saja.html/
Youtube. Kenapa Sekolah Fiqih?. Retrieved July 16, 2019, from https://youtu.be/03beRD2xBeY