BPJS Kesehatan Dalam Perspektif Hukum Islam
Studi Fatwa Majelis Ulama Indonesia dan Fatwa Nahdlatul Ulama
AbstractThis paper discusses the Social Security Organizing Agency (SSOA) of Health’s fatwa issued by the Indonesian Ulama Council (MUI) and Nahdlatul Ulama (NU). Two Islamic community organizations that provide different fatwa on SSOA of Health. The MUI said SSOA of Health was not in accordance with sharia, while NU said SSOA of Health was in accordance with sharia. These two SSOA of Health’s fatwas create polemic in the community. Why is the MUI and NU different in providing on SSOA of Health’s fatwa? This research is a qualitative study with ushul fiqh and sociological approaches. The data source is the MUI’s and NU’s BPJS fatwa with documentation and interviews as data mining and descriptive analysis of the Miles Huberman model. From the results of the study, it can be concluded that the MUI and NU decided the laws of SSOA of Health were different because of the use of different arguments and aspect in the formulation of the law. MUI emphasizes more on aspects within the SSOA of Health which are considered to still contain riba, gharar, and maisir. Whereas NU is more of a formal aspect, namely SSOA of Health as a social body that introduces many benefits to society. The factors that cause differences in the legal results of SSOA of Health between MUI and NU are factors of use and understanding of the arguments for formulating fatwa, as well as changing social conditions of the community.
Keywords: Fatwa, BPJS Kesehatan, MUI, Nahdlatul Ulama
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