MUI ISSUES 'HARAM' ADVICE ON MINING

by Andi Abdussalam

Jakarta, July 27 (ANTARA) - The Indonesian Ulema Council has issued a fatwa/advice that it is 'haram' (not allowed by Islam) to exploit natural resources that causes damage to the environment and whose proceeds are not for improving people's prosperity.          "We see that natural resource exploitation has been so excessive that it has  caused damage. Even, there is possibility that our natural resources have been tapped for certain parties not for the prosperity of the people," Chairman of the Indonesian Ulema Council (MUI) for fatwa (religious advice) affairs Ma'ruf Amin said.          Damage to the environment in Indonesia could among others be detected when various parts of the country are affected by floods, landslides and other natural disasters during the rainy season and when the dry season comes, people suffered from shortage of water , forest fires, crop failures and many others.         Many still have doubts whether mining companies, particularly foreign ones, have been operating and exploiting the country's natural resources for the development of the people's welfare.          Observers recently even cast spotlight on Law No. 30 / 2007 on the mining sector. This law among others has a stipulation which enables foreign firms to gain control of 95 percent  of the mining sector.          Senior economist of the Advisory Group on Economic Industry and Trade (Econit) Hendri Saparini said many laws were pro-foreigners and disadvantaged the Indonesian people in the long run.          Therefore, she said, the government should evaluate the implementation of the mining licenses, which reached 6,000 units.          After all, the Indonesia Corruption Watch (ICW) said recently up to 2010 there were still 33 mining companies which owed over US$583 million in unpaid oil and gas taxes to the state.          This basically features whether the benefit of natural resource exploitation has been designed for the improvement of people's welfare, and whether the mining activities in the country have been done in the environmentally-friendly manner.          Based on the observation of the Indonesian Ulema Council (MUI), the level of damage to the environment in Indonesia has been so serious, prompting it to issue an edict or fatwa regarding the environment.         "MUI, based on its deep observation, has issued an edict on environmentally-friendly mining because it is concerned to see the conditions of damage to the environment," MUI chairman for fatwa affairs, Ma'ruf Amin said here on Wednesday.          He said that in Islam damage was divided into two, namely morality damage and material damage. Damage to nature is attributable to damage to morality so that morality should be improved.          In its edict, the MUI said natural resources could be exploited as far as it was aimed for the people's prosperity, but in doing so it should not cause damage to the environment.  "Based on the MUI observation, our environment has been seriously damaged. Religion teaches us to prevent damage," he said.          He said that mining activities are haram if they created  sufferings to the people,  and that government had the obligation to prevent it. "Islam teaches that any matters that cause damage should be prevented,"  Ma'ruf Amin added.          In principle, Islam recommends the development of people's prosperity and the prevention of damage, or at least efforts should be made to optimize benefits and minimize damage, he said.          In the meantime, Environment Minister Gusti Muhammad Hatta hailed the MUI fatwa as it could reinforce positive law and serves as a normative reference for the government and mining firms in the management of the environment.          "The office of the Environment Minister already has a positive law which regulates sanctions against environmental offenses but we also use other ways  and means to produce sanctions," Minister of Environment Gusti Muhammad Hatta said here on Tuesday.          The minister said that natural resources had been created to be utilized by human beings but each activity would have impact so that efforts to minimize the impact should be made.          "We welcome the MUI fatwa on environmentally-friendly mining because no more-detailed ruling has been issued so far so that in a mining location, hills could be excavated until they even become lakes. So, MUI has just taken a proper decision to give priority to mining in its fatwa," Gusti said.          He said in the forestry sector for example there was already a ruling or a provision which regulateed that trees that were allowed to be cut down were those with a diameter of over 50 cm.          Actually, the fatwa on the mining sector has been planned since in the past six months. According to  Ilyas Asaad, a deputy for environment communication and people's empowerment at the office of the environment minister, MUI and the ministry of environment has signed an MoU on December 15, 2010.          "The MoU, however, did not specify what fatwa the MUI was going to produce. So, over the past six months we have intensive discussions until the formulation of a fatwa was finished on July 5, 2011," he said.          The MUI fatwa was expected to serve as a basis for the regional governments and businesses in the management of the environment.          Yet, Ma'aruf said MUI had issued the fatwa without anybody's order. "The MUI issued the edict without being ordered to by any party. So far, many people think that, if a MUI fatwa is in line with the desire of the government, the advice is issued based on an order," Ma'aruf said.          He said that MUI issued the fatwa based on its deep observation and concern over the serious damage being done to the environment.The MUI chairman said ulema (Muslim clerics) were concerned about damage to the environment.          Therefore, they  had set up an institution which dealt  with  environmental issues, namely MUI's Agency for Environmental Appreciation.          "Therefore, we are cooperating with the Ministry of the Environment," he said.***4*** (T.A014/A/HAJM/22:45/A/O001) 27-07-2011 22:57

WHAT HAPPENS IF A SMOKER COUNTRY GETS A NO-SMOKING 'FATWA'?

By Andi Abdussalam

           Jakarta, March 16 (ANTARA) - Tobacconists, cigarettes makers and even the cabinet member in charge of religious affairs have voiced opposition to an edict or fatwa issued by the country's Muslim organization Muhammadiyah declaring  smoking "haram" or forbidden in Islamic law.

         Considering that it is harmful to people's health and could have other negative impacts on the people's life, the Legal Council (Tarjih) of Muhammadiyah is of the view that smoking is no longer Makruh (should be avoided) but  actually 'haram', or against Islamic law.

         However, smoking is closely linked to the livelihoods of tobacco farmers and cigarette industries so that a 'haram' fatwa on it will, if implemented, affect the livelihoods of millions of people and state income.

         Thus, Religious Affairs Minister Suryadharma Ali asked religious organizations to be wise in issuing fatwas that could affect the people's life, particularly  their livelihoods.

         If religious organizations are not wise in issuing  religious edicts they would create unrest in the people's life.

         "Fatwas can affect  many aspects of life, not only religion but also people's  economy. So, I hope that religious organizations will be wise in issuing religious advice because it could have an impact on many sectors. If it impacts on the people's economy it will create unrest," he said in response to  ongoing polemics on the admonition issued by Muhammadiyah's lawmaking body that  smoking was haram.

          Reducing the number of cigarette consumers would threaten tobacco/cigarette producers and millions of people whose livelihoods depend on the industries.

          So far, cigarette industries have continued to grow in the country. Indonesia's cigarette production in 2005 was recorded at 221.1 billion pieces. It rose to 240 billion pieces in 2006 and in 2009 it stood at about 260 billion pieces.

          The Indonesian Tobacco Farmers Association (APTI) has also voiced opposition to the  Muhammadiyah's non-smoking edict. "I regret the declaration since it will have a negative impact on the social and economic sectors," APTI chairman Abdus Setyawan, said on Tuesday.

         He argued the decision would affect around 700,000 tobacco farmers nationwide who were planting a total of 200,000 hectares of land with a total production of 160,000-200,000 tons of tobacco per year.

         "The edict is opposed not only by tobacco farmers but also those who work in the cigarette industry," said the Jember district's secretary for tobacco affairs.

         The fatwa will affect not only tobacco farmers and cigarette industries, but also state receipts from cigarettes taxes.

         "Surely it (the edict) will affect the country's excise receipt target. We will see later how significant  its effect is because right now we have not yet calculated it," Director General of Customs and Excise Thomas Sugijata said.

         Thomas said that the directorate general of customs and excises would respect the edict, and would recalculate the potentials of the country's excise receipts if the fatwa is already in force.

         "We have not yet counted it. We will wait for one or two months after the fatwa has come into force before we can make any recalculations," the director general said.

         The target of excise receipts for 2010 is Rp57.29 trillion, the Directorate General of Customs and Excise said in its online report.  The government's receipts from cigarette taxes have continued to increase from year to year. The state income from cigarette taxes in 2006 stood at Rp37 trillion,  which rose to Rp42 trillion in 2007 and  Rp46.5 trillion in 2008.

         However, if the costs for all tobacco-related diseases and other negative impact are taken into account,  the government's spending would be bigger than the amount of the cigarette taxes it is receiving.

         According to the chairman of the National Commission for Tobacco Control, Farid Anfasa Moeloek, who is also a former health minister, smoking has a direct impact on the people's health and on the emergence of social ills  such as drug addiction, alcoholism  and violence.

        The total cost of treatment of tobacco-related diseases and deaths, are higher than the total amount of receipts from tobacco/cigarette taxes. Farid mentioned a study made in 2004 which revealed that the government spent a total of Rp127 trillion in 2001 on treatment of tobacco-related diseases while the cigarette taxes it collected in the same year amounted to Rp16 trillion only.

         "Tobacco consumption costs 7.5 times more than state income from tobacco excises," Farid said.

         Therefore, the lawmaking body of Muhammadiyah, which in 2005 issued a fatwa that smoking was 'makruh' changed its fatwa into haram.

         Muhammadiyah chairman Din Syamsuddin said  the edict on smoking was discussed by Muhammadiyah's lawmaking body (Mejelis Tarjih) and still constituted a legal view. It had not yet become a decision of the Majlis Tarjih which would be effective nationally.

         According to plan, he said, the Central Board of the Majlis Tarjih will discuss the problem at a national meeting so that it could become an official decision by Muhammadiyah as a whole.

         The legal council of the Muhammadiyah organization issued a fatwa last Tuesday (March 9) which stated that smoking, which had caused various negative impacts on the health, social and economic sectors, is haram, or unlawful based on the Islamic law.

    
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