FROM FATWA TO REGULATION: STRENGTHENING HALAL TOURISM REGULATION IN INDONESIA IN THE PERSPECTIVE OF MAQĀṢID AL-SHARĪ'AH

Abstract

The most complete halal tourism norms in Indonesia are actually contained in DSN-MUI Fatwa No. 108/DSN-MUI/X/2016, an instrument that has no legal binding. This paper maps the provisions of fatwas that have and have not been accommodated in positive law, compiles the priorities of their positivization based on maqāṣid al-sharī'ah, and determines the appropriate legal instruments. As a normative legal study, this paper examines the fatwa together with halal product guarantee regulations and the Tourism Law through a legislative, conceptual, and historical approach, including its latest amendment through Law No. 18 of 2025. The results show that of the 32 operational provisions of the fatwa, only six are accommodated, ten are partially accommodated, and sixteen have not been regulated. The largest vacancies are in sharia hotels and sharia travel agencies. The amendment to the Tourism Law in 2025 does not mention halal services. Based on the level of benefit, the provision of ḍarūriyyāt needs to take precedence as a binding norm, the provision of ḥājiyyāt is simply formulated as a standard of business and competence, while the provision of taḥsīniyyāt remains a fatwa guideline. Strengthening regulations does not require new laws, but can be pursued through claim-based business standards, government regulations on destination facilities, guide competency schemes, and regional regulations.