Fatwa in addition to providing solutions to the questions asked also serve as a tool in responding to contemporary or contemporary developments. In this case, fatwa can provide certainty in giving legal status to an issue that arises. Without a fatwa, a problem may be unsolvable which eventually makes the ummah confused. Fatwa are considered as a response to actual Islamic legal issues that arise in the midst of society, so the MUI issues many fatwa. What concerns the author is the existence of the fatwa itself, where to position the fatwa? Meanwhile, MUI fatwa are rulings or opinions given by the MUI on legal issues that arise in the lives of Muslims. MUI fatwa are not included in positive law, do not have legal force, enforce, cannot use the State Apparatus such as police and prosecutors, and are not allowed by means of empowering the will. What concerns the author is also the DSN-MUI fatwa and MUI fatwa, both of which are not included in the hierarchy of laws and regulations in Indonesia? However, the Fatwa issued by DSN-MUI is a binding positive law. The research method in this writing is normative juridical, with a historical approach and a concept approach.