The Halal Status of Esports: The Indonesian Perspective

1. OVERVIEW OF ESPORTS UNDER INDONESIAN LAW

Under Indonesian Law, esports have been recognized as official sports.¹ The same law regulates that sports in Indonesia are regulated by a parent organization, which, in the case of esports, is the Esports Federation of Indonesia (PBESI). The PBESI has accordingly enacted a regulation to govern the implementation of esports, including a stipulation that an esports game must fulfil two requirements: (i) be recognized by PBESI and (ii) be widely recognized in Indonesia.² Thus, not every game which is commonly considered an “esports game” is necessarily considered esports under Indonesian law.

2. THE HALAL STATUS OF ESPORTS

Esports demands scrutiny under both the lenses of a game and a sport within Islamic law. The Islamic perspective posits that if esports is deemed haram under either of these classifications, it is unequivocally considered haram in its entirety. Conversely, for it to be deemed halal, it must meet the criteria of being halal both as a game and as a sport. Both criteria are tested in sections 2.1 and 2.2 respectively.

2.1 ESPORTS AS GAMES

2.1.1 Halal Aspect of Games

In considering esports as a game, Islamic law’s fundamental principle of permissibility comes to the forefront. Islam recognizes the principle of ibāhah, or permissibility, which maintains that everything is permissible unless it has been clearly declared as prohibited.³
As such, games, which are not specifically prohibited in any form, including video games,
are generally considered permissible as long as they do not lead to harm. Islam encourages
leisure and enjoyment within bounds that do not conflict with religious obligations, such as
daily prayers, and avoids engaging in elements deemed haram, such as harmful or explicit
content. So long as they fulfil these requirements, games can be considered halal.

2.1.2 Gambling Aspects

In Islamic teachings, the Quran expressly prohibits any form of gambling. The Quran unequivocally states,

“O you who believe! Intoxicants, gambling, idols, and (divination by) arrows are all evil of Satan’s handiwork. Eschew such (evil), that you may prosper.” Quran, 5:90.

This clear injunction leaves no room for interpretation, emphasizing the inherently detrimental nature of gambling. Translating these religious principles into the realm of video games, any incorporation of gambling elements raises ethical concerns within an Islamic framework. Such features in a game can result in the game being considered haram, in accordance with the Quranic prohibition on gambling. The authoritative status of the Quran in Islamic teachings means that its directives, including those against gambling, cannot be contested. To this end, certain aspects of the esports sphere, such as esports betting, would be considered haram.

This religious perspective has found resonance in Indonesian law, where gambling is explicitly forbidden. The current Indonesian Penal Code reinforces this prohibition, which shows the influence Islamic laws have had on Indonesian law.⁴ Moreover, the forthcoming Penal Code which will enter into force in 2026, highlights the importance of incorporating existing societal norms into legal frameworks. It explicitly states that the enforceability of laws that live on in the community (living law) remains intact even if the living law is not explicitly regulated in the Code.⁵

2.2 ESPORTS AS SPORTS

2.2.1 The Halal Aspect of Sports

In considering esports as a sport, there are different considerations. Engaging in sports is actively encouraged as a means to maintain a healthy lifestyle and enhance overall wellbeing. Sports contribute to physical health, mental relaxation, and the prevention of boredom. The foundational principle in Islamic jurisprudence is that engaging in sports is generally permissible unless connected to haram activities. This means that the act of participating in sports is inherently halal, and any prohibition arises from extraneous factors associated with the specific sport or its conduct. These prohibitions are detailed below.

2.2.2 Prohibitions on Sports

While Islam encourages sports, it is equally adamant about safeguarding the well-being of the individual. A saying of the Prophet Muhammad, also known as a hadith, emphasizes the principle of avoiding harm

“There should be no harming or reciprocating harm.” Ibn Maajah, Kitaab al-Ahkaam, 2332

This saying sets the tone for the prohibitions on sports in Islam, among others. Islamic jurists have provided nuanced guidance on permissible sports, emphasizing their inherent benefits while delineating specific conditions that must be met. Sports or games lacking any religious or worldly benefit are deemed impermissible. Furthermore, if a sport carries benefits, it must adhere to strict criteria: it should not contradict Shariah principles, should avoid resemblance to practices associated with other religious communities, and must exclude impermissible acts, such as striking the face.⁶

Among the prohibitions on sports is the impermissibility of imitating pagan rituals due to their association with the characteristics of disbelievers. This is based on another hadith of the Prophet, which states,

“Whoever imitates a people is one of them.” Al-Albani, Irwa al-Ghalil, 2691

To illustrate, consider the Wai Kru ritual performed before Muay Thai fights. This ritual involves circling the ring, kneeling, and bowing, all to the tune of music and is rooted in pagan superstitions and beliefs. Engaging in activities like Muay Thai that require participation in such rituals would be considered haram in Islam. The association with practices that contradict Islamic principles and the involvement in ceremonies with pagan elements render these activities incompatible with the values upheld by the Islamic faith.

2.3 ACCEPTANCE OF ESPORTS

Acknowledging the above requirements set by Islamic law, it becomes evident that most esports activities align with the prohibitions outlined and are thus halal. The avoidance of harm, adherence to religious obligations, and steering clear of practices linked to idolatry, positions esports as a responsible form of entertainment within the Islamic legal landscape. This is particularly evident when considering the burgeoning esports scene in influential Muslim nations. An example can be observed in the multi-million-dollar esports tournaments hosted in Saudi Arabia.⁷ The endorsement and active promotion of such events by the Saudi government signal a recognition of esports as a legitimate and culturally acceptable form of competition and entertainment.

3. ISLAMIC LAW IN INDONESIA

3.1 Positive Law in Indonesia

Understanding the intersection of Indonesian and Islamic law requires a nuanced exploration of the Indonesian legal framework. While Indonesia is a religious country, it is not an Islamic country. The Indonesian Constitution guarantees freedom of religion,⁸ and there are six religions which are officially recognized by the state (Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism).⁹ Despite not implementing Islamic law in a manner akin to countries like Saudi Arabia or Qatar, Indonesia’s positive law is imbued with Islamic principles which were passed on as a part of societal norms.

3.2 The Islamic Influence

Numerous legal frameworks reflect the influence of Islamic principles in Indonesia’s legislative landscape. As a country with a predominantly Muslim population, there have been laws which take inspiration from Islamic principles on family, finance, and social welfare. These include laws overning marriage, religious courts, Sharia banking, charity, the implementation of the Hajj and Umrah pilgrimages, and more.¹⁰ In navigating the intersection between state affairs and Islamic principles, the Indonesian Ulema Council, or Majelis Ulama Indonesia (MUI) emerges as an influential institution.

3.3 The Standing of the Indonesian

Ulema Council Central to the influence of Islamic principles in Indonesia is the existence of the MUI. The MUI serves as the highest Islamic authority in the country, comprised of religious scholars and experts in Islamic jurisprudence. While it does not possess legislative powers, the MUI is influential regardless, as they are able to issue fatwas—religious decrees or opinions on specific matters. These fatwas are considered authoritative interpretations of Islamic law and are not legally binding in the formal sense. Regardless, they are influential to the Muslim community of Indonesia.

The MUI follows an eight-stage process in determining fatwas:

• 1. Problem Identification: A thorough study is conducted to understand and describe the monitored issue, addressing its socio-religious impact and legal aspects.
• 2. Historical Examination: Past expert opinions are traced, along with studying related fatwas and seeking views from fiqh (jurisprudence) experts.
• 3. Expert Assignment: Members of the Fatwa Commission with relevant expertise write a comprehensive analysis. For significant issues, discussions may involve multiple commissions.
• 4. Clear Legal Cases: Sometimes the problem being asked has a clear answer in the current Islamic law. If the law is clear and there is already a precedent regarding it, then the Fatwa Commission will issue a fatwa by conveying the law as it is.
• 5. Resolution of Differences: Any differences among sectarian scholars are discussed, seeking common ground. Specific methods are employed for reaching consensus or addressing dissent.
• 6. Collective Ijtihad: If there’s no consensus among sects or scholars, collective reasoning (ijtihad) is employed.
• 7. Documenting Differences: In cases of unresolved differences among the Fatwa Commission members, the fatwa is still issued, but the dissenting opinions and respective arguments are documented, emphasizing caution.
• 8. Legal and Public Considerations: The final fatwa is determined considering the law’s legal authority and public benefit.

Once a fatwa has been determined and made public, it is considered to be morally binding to the Muslim community. As of the time of writing, only one fatwa has been made having to do with esports or esports games. This fatwa is explored in the following case study.

4. CASE STUDY: THE ACEH ULEMA COUNCIL’S FATWA

Aceh, a province in Indonesia, holds a special autonomous status within the country. Notably, it is the only Indonesian province that officially practices Sharia law. This autonomy is granted through a legal framework that allows Aceh to enact its own regulations, known as qanuns, which have the legal standing of regional regulations.¹¹ These qanuns, while rooted in Islamic principles, operate within a carefully defined legal hierarchy and are subordinate to the Indonesian constitution and national laws.¹² To become law, a qanun must be approved by both the Aceh parliament and the governor.¹³

Aceh also has its own Aceh Ulema Council, commonly referred to as the Aceh MPU (Majelis Permusyawaratan Ulama) separate from the Indonesian Ulema Council. Its primary mission is to offer guidance, assistance, and protection to the Muslim population of Aceh. Officially recognized by the Aceh Government, the MPU plays a crucial role in shaping the province’s legal and religious landscape by serving as a religious advisor to the regional government.¹⁴ It provides input, considerations, and suggestions based on Islamic law, contributing to the formulation of qanun that align with religious principles. Central to its influence is the MPU’s authority to issue fatwas which carry weight as considerations for regional government policies.¹⁵

In 2019, the Aceh Ulema Council issued Fatwa Number 3 of 2019 addressing concerns related to the popular esports game, PUBG (Player Unknown’s Battle Grounds), which is widely played in Indonesia. Citing four key reasons, the Council declared PUBG as haram:

• 1. Violence and Brutality: The potential for violence and brutality in the game, with the potential to influence negative behavioural changes in users.
• 2. Aggressive Behaviour: The risk of cultivating aggressive tendencies among players.
• 3. Addiction: The potentially dangerous levels of addiction the game can lead to.
• 4. Insult to Islamic Symbols: The presence of elements within the game that can be perceived as disrespectful to Islamic symbols.

The head of the Aceh Ulema Council was quoted as saying that

“Playing this game is akin to drinking wine. In the Qur’an (specifically in Al-Baqarah:219), it is mentioned that wine has benefits, but the drawbacks or evils are much greater.”

Thus, among other reasons, PUBG was declared as haram. It is important to emphasize that this fatwa is specific to the Aceh region and reflects only one perspective within the broader Islamic legal landscape. This fatwa also does not seem to be as strictly enforced as some others. The game is still accessible in Aceh to this day, and Aceh’s provincial legislature has not enacted a qanun forbidding access to PUBG or any other esports game.¹⁶

There has even been a professional PUBG player from Aceh who represented Indonesia in events such as the SEA Games and Asian Games. ¹⁷ In contrast, the Indonesian Ulema Council adopts a more lenient perspective, deeming esports games like PUBG permissible as long as they do not cause harm or damage to players and are not otherwise deemed haram.¹⁸

5. CONCLUSION

The overarching conclusion drawn is that as long as they remain free from elements deemed haram, esports, in and of themselves, are considered halal. This is true at a baseline level as evidenced by the acceptance of esports in Muslim countries. That being said, there is still discourse on this taking place regionally. The Aceh Ulema Council’s fatwa branding games like PUBG as haram due to perceived harm is one viewpoint on it. This stands in contrast to the Indonesian Ulema Council’s broader acceptance of esports which applies for Indonesia. As far as Indonesian law is concerned, based on the Islamic authority in the country, esports is halal.

Image source: Assim al hakeem via Youtube

This article is part of the collaboration between ELN and K-Case Lawyer announced on 15 November 2023.