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A number of fatwas issued by religious groups in early 2010 banned unmarried Muslim women from indulging in hair-straightening or curling treatments, taking a motorcycle taxi, or ojek, and having pre-wedding photos taken with their husbands-to-be.

Such activities were declared haram, or forbidden under Islam. Proponents argued that hair treatments offended God by changing a woman’s natural appearance, that the proximity of an unmarried woman to a male ojek-driver could lead to inappropriate relations and that pre-wedding photo shoots allowed for unacceptable physical contact between unmarried couples — the photographer, too, was said to be at fault in such cases for facilitating the couple’s intimacy.

Many Muslims in Indonesia find fatwas like these to be confusing, misleading or just plain ridiculous. A glance at any salon, ojek stand or wedding reception will show that on the whole, such directives are simply ignored by ordinary Muslims.

The main body responsible for issuing fatwas in Indonesia is the Indonesian Council of Ulema (MUI). The Jakarta Globe caught up with MUI chairman Amidhan earlier this week to learn more about fatwas — what they are, how they are issued and why — to find out what they mean for ordinary Muslims in Indonesia.

What is a fatwa, exactly?

First of all, you have to separate the meaning of “fatwa” from a statement or piece of advice. A fatwa is required when there is a question that is not explicitly answered in existing Islamic doctrine, such as the Koran and the hadith [collected sayings and traditions of the Prophet Muhammad]. Something that is already stated in, for example, the Koran does not require a fatwa. For instance, the Koran states that praying five times a day is compulsory. There is no need to issue a fatwa to make it so.

Unanswered questions require further research. Through ijtihad, or exploration of the existing texts — in this case, the Koran, hadith, sunnah [ways of the Prophet as noted in the hadith], opinions from other ulemas [Muslim clerics] and other sources — a religious opinion is formed and an answer issued. So that is a fatwa.

Who can issue a fatwa?

A fatwa is issued by a religious forum through ijtihad. At the MUI, we have what we call the fatwa commission, which receives questions — from a large group of people, or sometimes from the government, but never from an individual — that are then discussed and researched according to the Koran and sunnah. After much discussion and research, a draft opinion is formed and brought to the fatwa commission’s courtroom. The final decision made in court is released as a fatwa.

Other forums, such as [Indonesia’s biggest Islamic organizations] Nahdlatul Ulama or Muhammadiyah, also issue fatwas that are expected to be followed by their respective members.

Do Muslims have to follow the fatwa? What happens if they don’t?

Unlike laws created by the government and applied to all citizens, a person will not be punished — at least in the physical realm — if they don’t follow a fatwa. A fatwa is non-binding, so responsibility is placed on the individual to follow it, depending on his or her level of faith or piety. If one knows that something is forbidden by a fatwa, that person is certain to feel guilty if he or she acts against the advice of the ulemas.

How many fatwas has the MUI issued since its establishment in 1975?

There have been hundreds. The number has probably reached around 800 by now. We have compiled them into books of fatwas, which are available for sale. The issued fatwas relate to religious and social life, economics, finance and halal products. These also include fatwas on terrorism, suicide bombings and [violent] jihad. Everything is made clear. Terrorism is haram and so is suicide bombing — it is not considered by the council to be a form of jihad [struggling in the way of God]. Instead, it is a silly way to die, through intentional self-harm.

Can an issued fatwa be repealed or canceled?

No. But old fatwas are sometimes revised to adjust to changing situations.

Has the Indonesian government ever based a law on a fatwa?

Yes. Once a fatwa is adopted as an official law, it becomes mandatory for all citizens. This means that violators are subject to a penalty. Look at, for example, the anti-pornography law. It is based on a draft we composed, which was then adopted by the Ministry of Religious Affairs and also the Ministry of Women’s Empowerment. We struggled for seven years for the draft to be adopted.

It seems that MUI fatwas are increasingly recognized by ordinary Muslims in Indonesia and even adopted by the government. Why is that?

First, because the MUI is an official institution founded by the government. Second, because the MUI includes a large number of members from influential Muslim organizations, including NU and Muhammadiyah.

What about fatwas like those regarding hair-straightening, riding an ojek or taking pre-wedding shots? What are your thoughts on those?

I’d say they don’t make sense [laughs]. I have been questioned and criticized a lot by people who think that those fatwas were issued by the MUI. In fact, the MUI did not have anything to do with those fatwas at the national level, nor at the provincial or district levels. Those fatwas seem to have come from ulemas as individuals or groups who made their decisions based on cursory understandings, without digging too deeply into the matter.

For example, the fatwas on ojeks and pre-wedding photo shoots are based on the idea that unmarried men and women should avoid physical contact, as it may lead to inappropriate relations. This is a fair point, but it does not consider other factors. For instance, would you tell a woman to stay overnight in an unfamiliar place even when there is an ojek driver available to take her home? I have even heard rumors of groups issuing fatwas declaring Facebook to be haram [laughs]. How can that be? It is only a tool [for socializing]. You can’t issue a fatwa just like that. It isn’t that simple.

When in doubt about fatwas, how can Muslims get clarification?

For individuals, it is best to seek counsel from an expert — in this case, a competent ulema or other Muslim scholar. If there is an issue concerning a large group of people, they are welcome to bring the issue to us at the MUI. For every question, there is an answer. It is just a matter of how we see things and relate them to the Koran, sunnah and hadith.