Fatwa of the Council of the Indonesian Ulama Ongolput(vote Abstention): a Study of Contemporary Islamic Legal Thought in Indonesia, 2009

: The issue of vote abstention is a new phenomenon in Indonesia general election that appeals to controversy. Although the government has assured that the general election to be conducted fair, just and peacefull, it seemed that vote abstention tended to transform into a movement that would threaten the 2009 general election. This paper studies the fatwa of the Indonesian Council of Ulama (MUI) of 2009 on the prohibition of vote abstention. The author maintains that this fatwa has led to criticism and questioned the authority of MUI. Those who support, however, considered this fatwa as brilliant move to boost voters' participant in improving the national development. The author concludes that this fatwa reflects the dynamics of Islamic legal thought in the socio-political context that would become a discourse in the Islamic history in Indonesia.


Background
Golput which literally means "white group" or vote abstention in general election is not a new phenomenon in Indonesian political arena. However, since the Council of Indonesian Ulama (known and abbreviated as MUI) issued a legal opinion (fatwa) on the unlawfulness of golput 1 at a national meeting of the MUI in Padangpanjang, many parties had showed their objections and criticisms. Not only did those criticisms come from an individual but also from the mainstream of Islamic organizations, i.e. Nahdlatul Ulama (NU) 2 and Muhammadiyah.
A democratic system provides room for the citizens either to use their rights or not and the case of the nonvoting of the citizen is not an exception. According to Komaruddin Hidayat, in reality nonvoting is found everywhere in the world. There is no election where all people participate, not even in the United States. In this state, the voters are not more than 60%. 3 Indeed, as members of the nation, the MUI felt responsible and would participate in social development. Exercising Islamic legal thought is one of the efforts the MUI could do. Indeed, the role of MUI is important and Muslim people have received its benefit and observe what are recommended by the MUI. For example, in case of halal food, the fatwa is really helpful for Muslim in consuming food, and therefore no objection is heard to address against the MUI concerning this matter.
The fatwa on nonvoting, however, was different. By issuing fatwa forbidding nonvoting, the MUI had entered a complicated case. There was a rumor that the MUI had got involved in political arena. In this case, the MUI's fatwa was tested by the social phenomena whether it is still appropriate or not. Tobe responsible for issuing fatwa is not always compatible to social need, and this demonstrated the effectiveness of Islamic law.

Historical Background of MUI
Majelis Ulama Indonesia or the Indonesian Council of Ulama (MUI) is an Islamic organization founded on 7 of Rajab 1395 H, or 26 th of July 1975 in Jakarta, as a meetingpoint for Muslim leaders, especially as a counterpart for the government in its dealings with the Muslim community. 4 At the beginning of its inception, the MUI had at least three main responsibilities: first, to issue fatwa and give advice on religious and social affairs to the government as well 1 The writer will use the term "nonvoting" instead of "golput" in the next pages. 2 See for example www,nuonline.com, Accessed March 11, 2009. 3 Komaruddin Hidayat, "Memahami Fatwa MUI" in http://www.uinjkt.ac.id, Accessed March 12, 2009. as to the Muslim community, as a part of amar ma'ruf nahi munkar (commanding right deeds and forbidding wrong deeds); secondly, to strengthen the ukhuwah Islamiah (Muslim brotherhood) and to keep and enhance the interreligious harmony in the framework of maintaining national unity and integrity; third, to represent the Muslim community in the interfaith dialog; and fourth, to bridge the ulamas and the government, and became the interpreter between the government and the religious community and vice versa in order to make the national development be successful. 5 The MUI has a special commission called the Commission of Fatwa is whose responsibility is to issue fatwa to unify public opinion among Muslim community and give advices to the government of Islamic legal regulation to be considered in the formulation of certain policies. At the time of its creation in 1975 the the Commission had seven members but because of deaths and changes, the numbers can fluctuate; every five years the composition of the Commission is renewed through a recruitment. Today, this Commission is headed by K.H.Ma'ruf Amin.
The meetings of the Commission are convened as the need arises or when the MUI is aksed by the public or the government for its opinion on certain issues of Islamic law. Such meetings are generally attended by, in a part from to the chairman and members of the Commission, invited outsiders consisting of independent ulama and scholars in secular sciences relevant to the subject under discussion. To issue a fatwa the Commission normally needs one meeting but, on occasion, a fatwa may need up to six meetings; on the other occasion the meeting may produce several fatwas as in the case of vasectomy, tubectomy, and cornea donation. 6 As long as the issuance of fatwa is concerned, the MUI has divided the fatwas based on their respective fields, ranging from the religious matter to science and technology issues. Part One concerns on ritual issues which constitute fatwa on zakat (alms), fatwa on praying together with other religious adherences and fatwa on the beginning of Ramadhan, Syawal/'Idul Fithr and 'Idul Adha; Part Two deals with Religious Understanding and Sects which constitute fatwas on Ahmadiyah Qadiyan, Syiah, Secularism, Pluralism, and Liberalism; Part Three concerns Social issues which comprises fatwas on death sentence, corruption, Muslim's attendance at Christmas celebration and fatwas on pornography and porn action, and Part Four deals with Science and Technology that constitute fatwas on mechanical slaughtering of animal, vasectomy and tubectomy, and fatwa on cornea donation. 7  Indonesia 1975-1988, (Jakarta: INIS, 1993 The drawing up and issuance of the fatwas are carried out by the MUI usually follows the mechanism of legal reasoning (instimbath) which is the combination of the text and the context. The legal reasoning applied by the MUI in stating the status of nonvoting can be traced back to the issuance procedures of the fatwas available in the Guidline of Issuing the Fatwas of the MUI (Pedoman Penetapan Fatwa Majelis Ulama Indonesia) Number: U-596/MUI/X/1997. It is mentioned in Chapter 2 about General Bases of Issuing the Fatwas (Dasar-Dasar Umum Penetapan Fatwa) that: 1. Each decree of the Fatwa must have reference to the Qur'an and the Tradition of Prophet Muhammad which is truswarthy, and it is not contrary to the benefit of the community.
2. If they are not found in the Qur'an and the Tradition as mentioned in chapter 2 point 1, the decree of the Fatwa should not be contrary to the consensus (ijmâ' ), the analogy (qiyâs) and other legal bases such as istihsân (preference), mashâlih mursalah (the interest of Muslim community), and sadd az-zarî'ah (preventing harm).
3. Prior to the issuance of the decree it is suggested to consider legal arguments included other arguments used by those with different opinion. 8 Furthermore, in chapter 3 about the Issuance Procedures of the Fatwas (Prosedur Penetapan Fatwa) said that: 1. Each problem addressed to the commission has to be studied thoroughly by the members of the commission or by special team not less than one week before being brought to the meeting.
2. As to the fixed matter (qath'iy), the commission should deliver as it is, and the fatwa is automatically abrogated after being known to have bases in the Qur'an and the Tradition.
3. As to the controversial issue (khilâffiyah) among the mazhabs, the commission should declare the tarjih (the strongest opinion) after considering fiqih muqâran (comparative law) by using the method of comparative jurisprudence (ushûl al-fiqih al-muqâran) relevant to the effort of finding the strongest opinion (tarjîh). 9 Given the guidelines elaborated above, the MUI appears to seek to implement what Mu'az bin Jabal had explained when he was sent by the Prophet to Yemen. The Prophet asked: "On what base will you decide the law?" Mua'az replied: "On the Book of Allah. If I don't find in the Qur'an, then I will decide on the Tradition of the Prophet. And if I don't find in the Tradition, then I will exercise my personal legal reasoning as well as I could." Prophet Muhammad was reported to agree with his opinion. 10 In Islam, especially in Sunni circle, it is only proper that system of legislation resembles 8 See www.mui.or.id, Accessed Maret 11, 2009. 9 Ibid. 10 Muchammad Ichsan dan M.Endrio Susilo, Hukum Pidana Islam: Sebuah Alternatif, (Yogyakarta: LabHukman UII, 2006), p. 51. the system used by Mu'az bin Jabal above, opened with the Qur'anic bases followed by relevant Hadits/Tradition, Ijmâ' (consensus) and qiyâs (legal reasoning). Exercising Islamic legal thought, the MUI tends to follow this common procedure.

The Fatwa on Golput
It is not surprising that the role of Muslim community in making democracy come to realize in Indonesia is amazing. Not only are they majority, but as Muslims, they also have successfully show a fantastic attitude in implementing democracy. In line with this phenomenon, Chairman of Central Muhammadiyah, Dr. Din Syamsuddin said that Islam had played significant role in enhancing democracy in Indonesia. He further added in confident that "..democracy in Indonesia will not run well without participation of Muslim community." He delivered this statement in a seminar held by the Commission of Uni-Europa (UE) entitled "Indonesian Perspective: Pluralism and Democracy" in Brussel, Belgium. 11 The role of Islam in strengthening democracy in Indonesia has been done in various ways. Among others are by stating that both democracy and Islamic values are compatible, through judicial and legal reforms, encouraging management of good government, empowering bases of culture, promoting interfaith and interculture dialogues, and exercising general election.
The success of Indonesian Muslims in conducting democracy was performed in the 2004 General Election that Jimmy Carter, a former President of the United State (1977)(1978)(1979)(1980)(1981) had to deliver his appreciation saying "A hisotorical milestone for us, this general election is also an important step for democracy in the whole world. Indonesian people are showing us dramatical example of a peacefull political shifting, and firmly negating the claim that Muslim community are antidemocratic." 12 This amazing success, however, was not authomatically followed by the up-coming general election in 2009 because of the phenomena of skepticism among the people seeing all candidates. This skepticism cristilized and formed a massive movements of abstention.
The phenomena of vote abstention can be traced back to Soeharto's era, when the credibility of the election (and therefore his reelection every five years) depended on votes. Soeharto's political legitimacy hinged on how many people voted. Intimidation and use of force was the rule, so much so that in 1993, East Timor, then under Indonesian military rule, officially recorded a 105 percent turnout.
Knowing his obsession with the number, Soeharto's critics as far back as 1971 began a civil disobedience movement to encourage people to vote with their feet, or to spoil their ballots as opposed to Golkar, Soeharto's political machinery that helped secure his five-yearly reelections until 1998. Soeharto has long gone from politics, golput or nonvoters continue to enjoy legitimacy today, more than it deserves. Once again, this turnout became phenomena at the Guvernor Election in West and Central Java where the nonvoters gained victory. In the West Java Governor Election, the couple had (Ahmad Heryawan and Dede Yusuf) successfully earned 7.3 million votes, while the nonvoters were 10 million. In addition, the nonvoters also won in Central Java. Given this situation, not only were the government and politicians but all-Madura MUI concerned that the later declared a fatwa forbidding golput or vote abstention. Golput was equalized with consuming pork or drinking wine, or even doing adultery. 13 Facing the 2009 general election, vote abstention became one of the hot news in mass media. Although this case was not a new phenomenon in Indonesian political arena as mentioned above, however since Abdurrahman Wahid (Gus Dur) encouraged the public to boycott the 2009 general election in protest over his party's difficulties with recognition, many more parties had felt worried and considered that it was not natural anymore. The MUI was one of the parties who felt fear with this situation of scepticism. In addition, their fear was based on the increasingly low participation at local elections in the past year, ranging from 40 to 60 percent, and at the growing skepticisms about the political parties and the way the 2009 general elections were being conducted. People's Consultative Assembly speaker Hidayat Nur Wahid had asked MUI to prohibit nonvoting fearing that Gus Dur's statement will influence the grassroot. Wahid argued then that a fatwa against nonvoting could boost voter turnout in the 2009 elections.
Being profoked with Gus Dur's statement to boycott the general election and in answering Hidayat Nur Wahid's invitation, the MUI launched a fatwa prohibiting nonvoting as a result of a national meeting of the MUI in Padangpanjang, West Sumatera in January 2009 1. General Election in Islamic view is a way to elect a leader (president) and a vice-leader who are eligible to make common good come to realize based on people's aspiration and the nation's need.
2. Electing a Leader is compulsory in order to establish imamah (leadership) and imarah (state) in common life.
3. Imamah and imarah in Islam need certain conditions suitable to the Islamic provisions so that people's benefit may come to realize.
5. Electing a Leader who does not fulfill the above conditions as mentioned in point 4 or rejecting to caste a vote while he/she knows that there is a candidate who fulfils the conditions, is unlawful (haram). 16 Based on the above concerns, the MUI finally recommended that: 1. Muslims elect their leaders and representatives who are eligible to carry out the amar makruf nahi munkar.
2. The Government sosializes the general election to stimulate people's participation so that their rights might be fulfilled. 17 The declaration of the fatwa on the unlawfulness of golput can be viewed as a brave step taken by the MUI. This is due to the reason that the MUI as a religious organization has gone far beyond their formally religious authority. Besides, the MUI will be accused of having conspiracy with the ruling government or with certain political party after issuing the fatwa, though initially the declaration of it had nothing to do with this background. In fact, after the fatwa was issued, many parties considered that the MUI had gone too far without authority to declare golput as forbidden. In such a case, the MUI seemed to be very confused and undecided in accomodating the hopes of either the political parties, Islamic organizations, the govermnment of the lay community.
In issuing the fatwa on the unlawfulness of golput, the MUI based their arguments from the Qur'an, hadits, and the saying of Companions as well as the ulamas. The following are the arguments of the fatwa by the MUI: "It is important to note that the existence of power in order to manage community's affairs is compulsory in Islamic religion without which Islamic religion and the world will not stand.

Indeed, the descent of Adam will not be able to accomplish their duties without organization as they need each other, and in an organization there needs a leader". 18
The overall legal arguments drawn by the MUI basically state the obligation to obey the leaders and the necessity to uphold the imamah (leadership). In this matter, the normative arguments used by the MUI are thematical. That means, the MUI, in the process of elucidating, followed the regular procedure by referring to Qur'anic verses, Hadits, the saying of the Companion, and the saying of ulamas respectively relevant to the same topic.
Nevertheless, the normative arguments used by the MUI, are weak to some extent. First, none of the the arguments, especially the Qur'anic verse and the Hadits, directly talks about the status of nonvoting judged unlawful by the MUI. In the other word, the MUI referred to the above arguments to judge the nonvoting unlawful just by analogy (qiyas). 19 Second, there are many other verses, hadits, the saying of the Companions and the ulamas which might be contrary to the above conclusion.
It is also interesting to note that the fatwa didn't refer to the view of four mazhabs (Islamic schools of law). It has been recognized that the four mazhabs, very especially of Syafi'i, held firmly by the mainstream Muslims in Indonesia, let alone Nahdhatul Ulama. 20 The fact that the MUI didn't adopt any of the four mazhabs demonstrated that the fawa may not be acknowledged by such mainstream Muslims as Nahdhatul Ulama.

Responses to the Fatwa
The issuance of the fatwa on the unlawfulness of the nonvoting by the MUI had led to controversy among the community. In some internet sites, the writer found that most people, including Muslim intellectuals, did not support the issuance of the fatwa. Some rejected the idea of the fatwa and even delivered bitter remarks on it. Only few who considered the fatwa was necessary to enhance the process of democracy and good politics in Indonesia. Even two biggest Muslim organizations in Indonesia, Nahdlatul Ulama (NU) and Muhammadiyah, are included those who had different stance from the MUI's.
According to Hasyim Muzadi, in Indonesia many problems may cause people do not cast their votes in general election. This because some people are too busy thinking of their food. Besides, no candidates are attracting so that people are being so skeptic. Therefore, whether or not people using their rights to vote do not matter. Hasyim, however, reminds if the nonvoting has been a movement asking people not to participate in the poll, that is a crime which is untrue. 21 Din Syamsuddin, Central Chariman of Muhammadiyah, reminded that all ulamas be wiser and should always pay attention the people's condition. In the case of nonvoting, he said that not all these matters can be related to Islamic law, between halal (permissible) and haram (forbidden)". Another Muhammadiyah figur, Bahtiar Effendi, Chairman of the Lembaga Hikmah dan Kebijakan Publik Pimpinan Pusat (the Institution of Wisdom and Public Policy of National Leadership) of Muhammadiyah, said "It is better that the MUI withdraws the fatwa of golput". 22 In line with those opinions mentioned above, a member of Hizbut Tahrir Indonesia also launched his comment. In an Islamic site, responses of Hizbut Tahrir Indonesia were published especially in the form of paper by Muhammad Ismail Yusanto, the Spokesman of Hizbut Tahrir Indonesia. This paper seemed to have been prepared specially to counter the MUI's fatwa. The argument by Hizbut Tahrir Indonesia, however, appeared to be much more ideologic. 23 In other words, Hizbut Tahrir Indonesia criticized the idea of the fatwa because of the MUI's stance which was in line with -or supported -secular leadership by launching a fatwa asking people to participate in democracy. Indeed, secular system, according to Hizbut Tahrir Indonesia, is forbidden in Islamic view. So, if the fatwa had been to forbid nonvoting in order to elect "Muslim leader", 24 Hizbut Tahrir 15, 2009. 24 By "Muslim leader", it means that a leader with Islamic vision and agenda, particularly in establish Islamic state. In Indonesian history, all presidents are Muslims in religion. However, to Hizbut Tahrir, to be Muslim in religion is not enough. Muslim has to be kaffah (all-Islam), not only by religion but also -and most important -by ideology, especially the readiness to established Khilafah (International Islamic state) and refer the Qur'an and the Hadits as the only foundations of the Constitution. and logic in using argument. Yakhsyalloh Mansur reminded all ulamas not to be easy to issue a fatwa for it would be questioned before Allah. 25 A political observer and former Rector of UIN Jakarta, Azyumardi Azra, who, according to the writer, was predicted to have different opinion from the MUI's, 26 in this chance showed his agreement and expressed his support on the decision of the Forum Ijtima' Ulama Komisi Fatwa se-Indonesia III. According to Azra, by issuing fatwa on the unlawfulness of the nonvoting, that would help Muslims to have such a sense of religious responsibility that participate in the poll is compulsory that needs to be observed. So, from the perspective of the implementation of the general election, this is a very good way. Furthermore, the increasing percentage of the political particiapation was also significant in order to enhance democracy in demokrasi. He also added that the MUI's fatwa was issued for the sake of Indonesian interest in general. Therefore, according to him, this summon of the fatwa has to be observerd and followed-up by any religious figures in Indonesia. 27 Although Azra admitted that it was permissible to issue a fatwa, he also warned that the fatwa had to be kept away from political consumtion, by which it became nothing more than an order of certain candidate or party. He added that the MUI's fatwa was not authomatically binding. Every one has the right to follow or not. He further said that the term "haram" had to be understood as a religious advice and not a binding. Besides, in Indonesia the institution of fatwa did not solely become the authority of the MUI." 28 By his opinion above, Azyumardi Azra, seems to find a moderat way between the idea of supporting and the neglecting the fatwa. In this case, he appears to be more realistic seeing the fact that participation in the 2009 general election was very important as a means to find a qualified leader. 29 Of the pro parties, Partai Keadilan Sejahtera (Prosperous Justice Party) or PKS is the most vocal party to support the fatwa. It is understood that from the very beginning, the top leader of PKS, Hidayat Nur Wahid was the one who firstly launched the idea to forbid the nonvoting, as mentioned above. In the other sides, Badan Pelaksana Pemenangan Pemilu (Bapilu)/the Winning Team of PKS, Muhamad Razikun, said: "The fatwa forbidding the nonvoting will indeed influence the number of nonvoters. To the writer's understanding, Azyumardi Azra, is one of Muslim intellectuals in Indonesia who inclines to "liberal" view, the attitude that the MUI has always delivered severe criticism. To some degrees, the MUI even declares this view as misleading and, therefore, has to be forbidden. For further information about the fatwa on liberal view, see www.mui.or.id. Accessed March 11, 2009. 27 "Hasyim, golput, Accessed March 18, 2009 Ibid. 29 Ibid.
If it was previously predicted that the number of nonvoters would increase ranging from 35 percent in 2004 general election to about 55-60 percent in 2009 general election, then the existence of the MUI's fatwa will possibly help to reduce the number of the nonvoters at least equal with the 2004 general election." 30 In the context of democracy, the existence of the vote abstention or nonvoters a part of democracy and it is a legal choice. In the context of benefit, however, the citizens have to participate in order to elect the best leader, said Razikun. He added: "If people find none of the candidates is qualified, then in Islamic legal theory it can be learned that one has to choose anyway a leader who has least weakness,…The fatwa might be a spirit or support for the nation and the process of democracy, so that te number of nonvoters will be reduced athough many people have been disappointed with the political system as well as the political attitude in Indonesia". 31 The same call came from the members of PKS in America and Canada who completely support the MUI's decision to issue a fatwa forbidding the nonvoting. The members of PKS view the fatwa as a smart action taken by the MUI. Muhammad Yusuf Efendi, Chairman of Pusat Pelayanan dan Informasi (Center of Service and Information) of PKS America and Canada, in San Francisco, California, for example, has been reported to have said that "the fatwa made by the MUI on the unlawfulness of the nonvoting is a smart action in order to ask all people of Indonesia to build the Indonesian people together." 32 According to Yusuf, one of the significant prerequisites to recover the condition of the Indonesian people is through the participation of all citizens to buid the country, included in electing the people's representative and the leaders of the country. Yusuf also stated that the Ijtima' of the MUI was important to take into account in order to make the 2009 General Election success. He saw that the government have allocated very much fund only to build this country. Therefore, he suggested that it was not wise to waste it (by not participating in the poll). Besides, the general election was a good chance for Indonesian people to revive from their crisis. 33 At the end of his massage, Yusuf also said that peple who live in America would like to see the glory and the development of Indonesia. Hopingly he said: "Therefore, we, members of PKS of the United States are determined to struggle and 30 Administrator, "PKS Berharap MUI Keluarkan Fatwa Haram Golput" in http://pk-sejahtera. de/index.php?option=com. Accessed March 18, 2009. 31 Ibid. 32 "PIP PKS Amerika Dukung Fatwa MUI" in www.suaramerdeka.com, Accessed March 11, 2009. 33 Ibid.
participating in developing the nation from outside, and I hope my brothers in Indonesia will revive and unite answering this tone of resurgence." 34 Full support by PKS towards the MUI's fatwa has rised suspicious among the people. Although it is not easy to prove whether or not the PKS has vested interest behind this issuance of the fatwa, at least the PKS as the solid party will lose vote if the general election was proved to fail. That means the PKS would get benefit from the fatwa.
In the another side, no less than the General Elections Commission (KPU) had appealed to the public to ignore those growing skeptical opinions and to take part in the nation's periodic democratic exercises in electing their leaders. The commission, as are those who are obsessed with numbers, fear that Indonesia's nascent democracy will be undermined if voter turnout falls below a certain percentage.
In other words, the KPU measures its success on this magic number. The PKS, however, have their own reason for seeing a high number: A lost vote is a wasted vote. Hence, the MUI is now recruited into their campaign to force or intimidate people into voting, lest they earn God's wrath. 35 The Implication of the Fatwa to the Indonesian Democracy As mentioned above, the issuance of the fatwa was hoped to increase the participantion in the 2009 General Election. The number of participation, however, was difficult to measure wheter or not it had relation with the fatwa or not. Acording to Azyumardi Azra, it was not easy to determine the impact of the fatwa in decreasing the number of the nonvoters. What was more obvious was that there were Muslims who were happy to obey and follow the MUI's fatwa, and there were some others who felt free to decide themselves whether or not they follow the fatwa. 36 Azyumardi was not sure whether or not the number of participants in the poll had significant relation with the issuance of the fatwa.
Azyumardi, however, would prefer to see the positive sides of the fatwa in the context of developing and enhancing democracy in Indonesia. By the fatwa, Muslim people would have such a spiritual sense that participating in the poll was religious. He also asserted that the elected government would not be powerfull and credible if there were more people became nonvoters. The reason was simple, the elected government was not based on the majority. 37 As long as the impact of the fatwa is concerned, so far we do not have any information concerning the impact of the fatwa with the participation of the voters. It was clear, however, that the 2009 General Election had been criticized by many observers as the worst in performace. In fact, this has nothing to do with the fatwa. Besides, there are other factors that make people to be nonvoters because of technical factor, for example.
Another reason why the fatwa seemed to have no significant impact to the constituents was that of constitutional reason. Voting in Indonesia, like in most democracies, is voluntary. There should be no legal consequences if people don't vote, unlike in Australia or in Singapore where voting is mandatory. The flipside of this is that abstaining is a right that is protected by the Constitution.
At last, the 2009 General Election had successfully brought Susilo Bambang Yudoyono as the President and Budiono as the Vice-President. We can say conclude that the democracy was success at this time through a process of General Election in good quality. The general election is said to be in good quality whenever the process and the outcome are also good. The process is good when the general election run democratically, trustful and fair, peace and smooth. The outcome is considered good when the general election bring about people's representative and national leader who were deemed capable of bringing people to prosperity and high status before international people. 38 Given the elaboration above, the role of the MUI's fatwa in reducing the number of nonvoters is lest significant, except for those who initially introduced and supported the fatwa, such as the PKS members. For the later, the MUI's fatwa is of course a moral as well as religious encouragement. The number of voters seems to be much more influenced by the level of their education and maturity, socialization from the KPU, and political as well as moral will of the government rather than a fatwa.

Conclusion
It is understood that fatwa is one of a legal opinion exercise. In case of the fatwa forbidding nonvoting, the MUI appeared to have been confused and undecisived facing the dillemas whether to maintain good relationship with the government or being accepted by the Muslim community 39 and, therefore, seemed to be opportunist.
Declaring fatwa forbidding the nonvoting was a brave step in the situation of preparing the 2009 General Election for some reasons. First, nonvoting was of political affairs regulated in constitution. By issuing fatwa demonstrated the MUI's involvement in the political arena which is definitely in contradiction with its mission as a religious 38 Rozali Abdullah, "Sistem Pemilu Legislatif dan Pemilu Presiden Ditinjau dari Sudut Pandang Demokrasi," in Journal Konstitusi, vol. II No. 1, June 2009, p. 12-13. 39 This conclusion is partly inspired by Mudzhar,fatwas,p. 68. body. Second, the fatwa is of Islamic in nature but seemed to summon all people including non-Muslim. Then, how could the later observe it? Third, from the argument used by the MUI, it was inferred that the fatwa was not produced by serious scrutiny.
From the elaboration above, some important point have to be taken into consideration. First, the MUI has to be able to separate between religious matters and political affairs, though Islam doesn't separate both in conscept. But in dealing with social matters it has to be so. Thus, for the first, the MUI can use the term "halal (permissible) and haram (forbidden), while for the later, the MUI has to use the term "should", "it is better," or "it is recommended/ suggested", etc., instead of halal-haram. Objectivication 40 is much better and saver to implement facing social or worldly problems.
Second, issuing fatwa needs not only a highly qualified understanding of Islamic law, but also an accommodation with the spirit of modernity combined with a modern scientific approach and profound research methodology. Therefore, the MUI has to be more accommodative in order to produced objective and inclusive fatwa.
In addition, in order to increase public participation at the polls the government needs to reform the political parties and the way elections are organized. In case of politics, fatwa should works nothing more than just a moral force. Therefore it is perhaps more appropriate to use the term "reccommendation" rather than stating "halal-haram."