2. The Law of the Republic of Indonesia (RI) Number 5/ 1990 on Conservation of Natural Resources and Its Ecosystem;
3. The Law of the RI No. 41/ 1999 on Forestry, which has been updated by the Law No. 19/ 2004 on the Decision concerning the Government Regulation in Lieu of Law No. 1/2004 on the Changes on Law No. 41/1999 on Forestry;
4. The Government Regulation No. 7/1999 on the Preservations of Plant and Wildlife Species.
5. The Government Regulation No. 8/1999 on the Uses of Plants and Wildlife Species
6. The result of a meeting between the Indonesian Ulama Council (MUI), the MUI Focus Group Discussion, the Ministry of Forestry, the National University, the WWF-Indonesia and the Tiger Conservation Forum (Forum HarimauKita) on “Protecting Tigers and Other Endangered Species with Islamic Wisdom” held on June 13, 2013 and July 25, 2013. The meeting asserted, among other things, that tigers and other endangered species are creation of Allah SWT; their habitats need to be protected so that they may benefit the ecosystems and human well-being. The meeting also concluded that a religious study is needed to support actions to protect and conserve animals.
7. The result of a field trip by the MUI, the National University, WWF-Indonesia and Forum HarimauKita to Tesso Nilo National Park, Riau Province and Rimbang Baling Wildlife Reserve in Riau Province which was held from August 30 to September 1, 2013. The team found that human-wildlife conflict is occurs because of wildlife’ habitats loss. They therefore concluded the need for an integrated movement involving legislators, the judiciary, the central government, regional administrations, businesses, ulamas and community leaders to support the harmony and balance of biodiversity, including protecting wildlife’ habitats so that human and wildlife may live and share the same landscapes in harmony;
8. The result of a follow-up meeting between the Edict Commission of the MUI, the Ministry of Forestry, LPLH-MUI, the National University and WWF-Indonesia on December 20, 2013.
9. Opinions, advice, and inputs developed in the plenary meeting of the Fatwa Commission on January 22, 2014.
By putting trust in Allah SWT,
DECREE : FATWA ON PROTECTION OF ENDANGERED SPECIES TO MAINTAIN THE BALANCED ECOSYSTEMS
First : General Guidelines
In this FATWA, what We mean by:
Endangered species include all kinds of animals living on the ground, in water and or in the air, protected or not, living in the wild or reared, that have a small population and rapidly falling numbers in the wild which will likely become extinct without protection efforts.
Second : Legal Guidelines
- Every living organism has the right to sustain its life and may be used for human well-being.
- Treating endangered species well by protecting and conserving them in order to ensure their wellbeing is mandatory.
3. Protecting and conserving endangered species mentioned in point two shall occur by, among other things:
a. Guaranteeing their primal needs, including food, shelter and the need to reproduce;
b. Not burdening them with loads (weight) beyond their capacities;
c. Not placing them in the vicinity of other animals which may harm them;
d. Conserving their habitats;
e. Preventing illegal hunting and the illegal wildlife trade;
f. Preventing human-wildlife conflict;
g. Maintaining animal welfare.
4. Endangered species may be made use of in line with Shariah (Islamic law) guidelines and existing regulations.
5. Making use of endangered species as stated in point four is by:
a. Maintaining the balanced ecosystems;
- Using them for ecotourism, education and research purposes;
- Using them for security purposes;
- d. Breeding them for human needs, in line with prevailing regulations;
6. Killing, harming, assaulting, hunting and/or engaging in other activities which threaten endangered species with extinction are forbidden, except for cases allowed under shariah, such as self defense;
7. Illegal hunting and/or illegal trading of endangered species are haram (unlawful).
Third : Recommendations
To the Government
- To take measures to protect and conserve endangered species and to prevent their extinction using this Fatwa as a guideline;
- To perform effective monitoring and reviews of spatial planning and restructuring of forest areas in order to minimize the risk of human-wildlife conflict, as well as to prioritize restoring forest functions;
c. To review permits issued to companies that cause harm to ecology, social, economic, cultural, area objectives, and threatening endangered species from extinction;
d. To restore critical lands and carry out collaborative forest conservation efforts by empowering local communities.
- To encourage education institutions to instill an awareness of the need to protect endangered species;
- To uphold the law against anyone threatening conservation efforts of endangered species; against forest encroachment, especially those involved in illegal logging and illegal wildlife trade.
- To review and compose regulations guaranteeing the conservation of endangered species and, protection of the ecosystem while ensuring human well-being and national sovereignty;
- To harmonize the laws and policies both central and local government concerning utilizations of forest-covered lands.
To Regional Administrations
- Ensuring the protection of forest areas through monitoring and effectively regulating the practices of legalizing settlements, plantations, illegal mines and infrastructure development within forest lands;
b. Conserving and developing local wisdom, empowering local communities and creating environmentally-friendly sustainable economic development by maintaining the balanced ecosystem.
- To run a business that brings benefits to people at large while protecting the environment, particularly wildlife and their habitats;
- To comply with all prevailing permits by government;
c. To contribute to the efforts to protect the ecosystem and environment, to support the establishment of groups concerned with endangered species, and to restore the populations and habitats of endangered species, especially in areas where the companies operate.
To Religious Leaders
- To spread religious understanding on the need to maintain the balanced ecosystems, especially by protecting endengared species;
b. To encourage creation of religious guidelines and the formation of “Environment Preachers” to establish public awareness on the need for environmental protection and conservation of endangered species.
To the Community
a. To conserve and develop local wisdom and be involved in community empowerment, as well as to create environmentally-friendly sustainable economic development by maintaining the balanced ecosystem;
b. To actively participate in the efforts to protect endangered species, including conflict resolution between human and wildlife in the regions (by forming groups concerned with endangered species or teams that deal with human–wildlife conflict resolution) or indirectly (by supporting the authorities).
Fourth : Closing Guidelines
- The Fatwa is effective from the date of issued, taking into account that if one day it is found to be flawed, efforts should be made to correct and perfect it, as it should be.
2. Calling on every Muslim and all parties who interested to disseminate the Fatwa.
Issued at : Jakarta, Indonesia
Date : 19 Rabi’ul Awwal1435 H / J a n u a r y 22, 2014 AD
19 Rabi’ul Awwal1435 H