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