Halal Tourism Fatwa and the Development of Halal Tourism Regulations in Indonesia

Abstract

Abstract: This study aims to analyze Fatwa DSN-MUI No. 108/DSN-MUI/X/2016 on Halal Tourism as a basis for developing regulations for sharia service providers, with reference to the principles and legal principles in Law No. 10 of 2009 on Tourism. The research employs a normative legal method with a qualitative and deductive approach. Data was collected through literature review and legal regulations, then analyzed argumentatively based on primary legal materials and legal doctrines. The main findings indicate that: (1) The DSN-MUI fatwa establishes specific norms not accommodated in the Tourism Law, such as the requirement for tour guides to have an understanding of Islamic jurisprudence and noble ethics; (2) Sharia principles such as permissibility, cultural preservation, justice, and sustainability are not explicitly accommodated in the Law; (3) there is potential for normative conflict between the fatwa and the Law, which could confuse business actors; and (4) formal integration is needed so that the fatwa can become a lex specialis norm in sharia tourism regulations. The resulting regulatory framework proposes coordination between the government, DSN MUI, business actors, certification bodies, and halal consultants