‘Ulamā’, Authority, and Political Relations: How the PCNU Jember Fatwā Influenced Public Policy on Gold Mining in Silo?

Abstract

Fatwās (Islamic legal opinions) are often perceived as having limited influence on public policy, particularly in environmental and mining-related issues. Existing research suggests that despite opposition from ‘ulamā’ (Islamic scholars) and local communities, mining operations often persist due to strong political and economic backing. However, the fatwā issued by the Jember Branch Board of Nahdlatul Ulama (PCNU Jember)—which declared gold mining in Blok Silo impermissible (ḥarām)— produced a notably different outcome. This fatwā not only successfully halted mining activities but also played a decisive role in the revocation of government-issued mining permits. This study aims to analyze the mechanisms through which the PCNU Jember fatwā influenced public policy in the gold mining conflict in Blok Silo. Employing a socio-legal approach and qualitative methods, the research incorporates in-depth interviews with five key informants, including PCNU Jember officials and local community leaders, alongside document and media analysis from relevant sources. Drawing on Pierre Bourdieu’s theories of field and capital, this study argues that the effectiveness of the PCNU Jember fatwā was not solely rooted in its fiqh-based (Islamic jurisprudence) arguments but was reinforced by the symbolic and social capital held by NU scholars. The strong religious authority of ‘ulamā’ within Silo’s social structure, combined with PCNU Jember’s political connections with the local government, played a crucial role in ensuring the fatwā’s policy impact. This article argues that religious fatwās can function as potent instruments of environmental advocacy, particularly in societies where ‘ulamā’ continue to exert significant influence over political and social spheres.