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CHAPTER VI
FATWA OF BAHTH AL-MASAIL NAHDLATUL ULAMA’
A thought is never born in emptiness. It is conditioned by the social setting
surrounding it. So enormous is the influence of social condition on one’s
thought that it is reasonable to denote that one’s opinion or thought and even
policies resulting from political authority is a product of its time. (K.H. MA.
Sahal Mahfudh, Nuansa Fiqih Sosial, xxv).
In fact, the system of following madhhab does not contradict the system of
ijtihād and taqlīd. Rather, it sets both in harmonious balance. Each system is
good and should be used by Muslims in order to achieve the pure teachings
of Islam. But, they should be employed properly by the right persons and
should not be misused. (K.H. Achmad Siddiq,
Khitthah Nahdliyah, 56).
A. Introduction
Lajnah Bahth al-Masāil1 Nahdlatul Ulama’ (hereafter will be referred
to as LBM-NU) is a special council and fatwā agency within NU responsible
for providing legal responses and answers for NU members on new issues
that have not been legally determined. In general, NU is widely
acknowledged as a traditional Islamic organisation.2 This term is commonly
used to denote the fact that NU consistently maintains and adopts elements of
tradition and culture within its religious practice.3 In a more technical sense,
1 Bahth al-masāil literally comprises of two words: bahth means the discussion and
al-masāil (the plural form of al-mas’ala) means problems. It refers to a mechanism
employed within NU in attempts to solve unprecedented issues in Islamic law. Therefore,
bahth al-masāil is an activity. However, it should not be confused with the Lajnah Bahth
al-Masāil which refers to a specific council within NU responsible for the performing of
bahts al-masāil. The word lajnah itself means committee or council. 2 Generally, Indonesian Islam is often described in term of traditionalist and modernist.
These two models are represented by two largest Islamic organizations in the country,
Nahdlatul Ulama and Muhammadiyah respectively. However, with the passing of the time,
the dichotomy of traditionalist and modernist for these two Islamic movements need
elaboration. In the current context, there have been convergence between the two, and as a
result, evaluating NU as merely traditionalist Muslim community is no longer valid, as is the
case with Muhammadiyah as a modernist Islam group. Closer examination will reveal that in
certain areas, modernist elements pervade within NU while traditionalistic elements are
evident in Muhammadiyah’s thinking. We will deal with this topic in relation to fatwa and
Islamic legal thought in many parts of this thesis. 3 Mujamil Qomar, NU Liberal: Dari Tradisionalisme Ahlussunah ke Universalisme Islam
254
it is identified with NU’s strict adherence to a specific school of religious
thought popularly referred to as ahl al-sunna wa al-jamā’a (aswaja).4 By far,
these central motifs of the movement has been associated with backwardness,
antiquity and close-mindedness and constantly used to distinguish NU from
its modernist counterparts such as Jami’at al-Khair (1901), Muhammadiyah
(1912), al-Irsyad (1914) and Persatuan Islam (1923). NU has also been
commonly evaluated as a movement with a traditionalistic religious outlook
or leaning. The use of this term is identified with the sociological meaning of
traditionalism which essentially refers to a mode of religious orientation or
thought which refers to distinct traits beyond mere adherence to and
assimilation of local cultural beliefs and practices in religious thought and/or
particular school of religious thought and specific religious traditions per se.
More accurately, it is characterised by the following traits: an overriding
tendency to cling dogmatically to the opinions of pious savants of the past as
absolute, final and immutable; a reluctance or ambivalence to revaluate
religious traditions and values taking into consideration changing
socio-historical conditions; a tendency to be bound by the letter of selective
religious teachings and rulings irrespective of their effects on actual
conditions; non-distinction between Islamic ideas as socio-historically
conditioned and the universal and eternal values underlying them; a general
(Bandung: Mizan, 2002), 26. 4 The term ahl al-sunna wa al-jama’a is a controversial one. On the one hand, it refers to a
general understanding of the followers and practitioners of sunna (Prophetic tradition) and
those who affiliate themselves to any jamā’a (groups). On the other hand, the term has been
used more specifically and technically to refer to a theological sect in Islam which develops
specific doctrines and teaching. In this second sense, ahl al-sunna wa al-jamā’a known also
as by the acronym aswaja is upheld by NU. We will return to discussion of this topic in the
next section.
255
lack of concern with the effects of thought espoused and a general aversion to
rethinking aspects of religious tradition imperative in the face of social
change.
It must be borne in mind that although this long established religious
movement has been perceived as traditionalistic, NU is in many ways non-
monolithic not only in term its social composition but also in differing
strands of religious views and orientations among agencies that comprise it.
Since the 1980s or so, religious discourse within this movement has also been
marked by shifts in selection and conceptualisation of issues confronting
Muslims in contemporary Indonesia.5 Competing modes of orientation are
also evident in approaches to understanding religious law and traditions. The
above quote from the late Sahal Mahfudh (d. 2014), a prominent ulama’6 of
NU, is a case in point. It strongly illustrates a departure from traditionalistic
approach to understanding religious traditions and signals the significance of
understanding religious thought within a perspective that emphasises the
dialectical relationship between social conditions and Islamic thought in
general. It also reflects the mode of thinking of agencies within NU that urge
5 For more comprehensive discussion on NU younger generation and the dynamics of
contemporary Islamic thought in NU, please Djohan Effendi, Pembaruan tanpa
Membongkar Tradisi: Wacana Keagamaan di Kalangan Generasi Muda NU Masa
Kepemimpinan Gus Dur (Jakarta: Kompas, 2010), and La Ode Ida, NU Muda: Kaum
Progresif dan Sekularisme Baru (Jakarta: Erlangga, 2004). 6 The term ulama’ is basically a plural form of singular ʽālim (religious scholars). However,
in an Indonesian usage, ulama’ is used to refer to both singular and plural. This thesis will
follow this version. Sahal Mahfudh is a prominent ulama of NU widely known for his
thought on on social dimension of Islamic law called the fiqih sosial. See MA Sahal
Mahfudh, Nuansa Fiqih Sosial (Yogyakarta: LKIS, 2007). Mahfudh’s thought on fiqih sosial
has also been subject of academic research. For example, see Arief Aulia Rachman,
Metodologi Fikih Sosial M.A. Sahal Mahfudh (Studi Keberanjakan dari Fikih Tekstual ke
Pemahaman Fikih Kontekstual dan Relevansinya dengan Hukum Keluarga Islam, M.A.
Thesis, Faculty of Islamic Law, Kalijaga State Islamic University, Yogyakarta, 2010. See also
Suyadi, Konsep Fiqih Sosial dan Implikasinya terhadap Pendidikan Islam (Telaah Pemikiran
KH. MA. Sahal Mahfudh), Undergraduate Thesis, Walisongo State Islamic University,
Semarang, 2004.
256
for moving beyond rigidity of texts and dogma in the attempt to make Islamic
law relevant to the present condition. Mahfudh’s idea that the formulation of
texts are bound by particularities of its socio-historical contexts and that
understanding texts in vacuum will constrain the relevance of religious
teachings in meeting the needs of the present world are by no means an
isolated one within the movement today.
This chapter examines the dominant mode of NU’s religious style of
thought as reflected in its fundamental creed and basic doctrine as well as its
legal methodology. The impact of the mode of thought on selected fatwā
issued by the LBM-NU in the post-New order period will be analysed. In this
respect, the predominant understanding of NU as a traditionalistic movement
will be critically appraised. Competing religious orientations within the
movement, factors conditioning them and their implications on fatwā, if any,
will also be examined. How these mode(s) of thought reflect as well as
facilitate effective response by NU to the impulses and demands of change
both internally and externally will be examined. The extent to which NU’s
mode of thinking through fatwā is able to harmonise the changing social
contexts with its fundamental dogma and creed that have been part of its long
established conviction will also be analysed.
B. NU and The Preservation of Traditionalism
The founding of NU is mostly associated with attempts to preserve
Islamic traditionalism in Indonesia. Established in the pre-independence
period on 31 January 1926, in Surabaya, East Java, the founding of NU was
257
preceded by remarkable ideological tensions among Muslim groups in
Indonesia.7 In general, there are two closely related factors leading to the
foundation of NU.
The first is the internal factor manifested in ideological rivalry between
traditionalist and modernist Muslims. The rise of modernist trends in Islam
occurred sometime at the end of the nineteenth century in response to the
conditions of the Muslims under Dutch colonialism. In this context,
traditionalist Islam was challenged as the impediment to the progress of the
Muslims by competing groups who advocated for the reinterpretation of
religious beliefs and practices viewed as obstructing reform of the community.
For the traditionalist religious elite, the challenge was seen as a threat to
religious traditions,8 institutions, and the practice of traditional Islam which
has long been established in Indonesian religious life. Consequently, the
introduction of ideas by Indonesian Muslim modernists such as Ahmad
Dahlan and Ahmad Soerkati who attempted to combine puritanical Islamic
understanding of Abdul Wahhab of Nejd with elements of Islamic modernism
7 Djohan Effendi notes that the first quarter of twentieth century in Indonesian Islam was
featured by the contestation of opposing orientation: salafiyah and traditionalist. The first
refers to Muslims groups which campaign for purification of Islamic teachings from local
elements which could endanger the purity of Islam, and at the same time urge direct
reference the Qurʼān and Sunna as well as to early generation of Muslims before the
emergence of classical schools of law. The second, refers to Muslims who believe in the
maintaining of classical schools of law as it is believed as the continuation of Prophet’s
teachings and traditions. For more comprehensive discussion, see Djohan Effendi,
Pembaruan tanpa Membongkar Tradisi: Wacana Keagamaan di Kalangan Generasi Muda
NU Masa Kepemimpinan Gus Dur (Jakarta: Kompas, 2010), Chapter 2. 8 Zamakhsyari Dhofier, Tradisi Pesantren: Studi Pandangan Hidup Kyai dan Visinya
Mengenai Masa Depan Indonesia (Jakarta: LP3ES, 2011), 145; and Miftahurrahim Syarkun,
“Visi NU dalam Percaturan Global”, in Yayan Musthofa and Fathurrahman Karyadi (eds),
Menggagas NU Masa Depan (Jombang: Pustaka Tebuireng in cooperation with LAKSNU,
2010), 10. Martin van Bruinessen views this factor as only secondary to international factor
which in his view is the main drive behind the founding of NU. See Martin van Bruinessen,
NU: Tradisi, Relasi-Relasi Kuasa dan Pencarian Wacana Baru (Yogyakarta: LKIS, 2009),
13-40.
258
of Muhammad Abduh, was viewed with strong suspicions by traditionalists.
In this sense, it is difficult to refute that NU is basically founded as a reaction
to Wahhabism which is hostile to traditions practiced by NU and which are
deemed as bid’a.9 The penetration of modernist movements and their
influence exacerbated socio-religious tensions among these groups.
Efforts were initiated by Sarikat Islam (SI), under the leadership of Haji
Omar Said Cokroaminoto, to reconcile these conflicting groups. Several
congresses aimed at building common ground between modernists and
traditionalists were held to this effect. The first congress held in Cirebon on
October 31 1922 under the banner of Muktamar ‘Alam Islam Hindi
al-Sharqiyya (the Congress of Islamic World of East Indies) failed to bridge
the opposing orientations as the modernists pursued their attacks against
traditionalists. They urged the latter to leave their strict adherence to
madhhab, and the works of classical ulama’, and to join the credo of
“kembali kepada al-Qurʼān dan Sunnah” (return to the Quran and Sunna),
instead. The traditionalists defended their creed strongly. Wahab Chasbullah10
of Tashwīrul Afkār,11
emphasised the importance of reference to madhhab
and classical ulama’s works for the purpose of proper understanding of the
9 Masdar Farid Mas’udi, “Preface”, in Munawir Abdul Fattah, Tradisi Orang-Orang NU
(Yogyakarta: LKiS), xi. 10
For a discussion on Wahab Chasbullah’s roles in NU and Indonesian politics, please refer
to Greg Fealy, “Wahab Chasbullah, Traditionalism and the Political Development of
Nahdlatul Ulama”, in Greg Fealy and Greg Barton (eds), Nahdlatul Ulama, Traditional Islam
and Modernity in Indonesia (Melbourne: Monash Asia Institute, 1996), 1-41. For a
comprehensive biography see Saifuddin Zuhri, Almaghfurllah K.H. A. Wahab Chasbullah:
Bapak dan Pendiri Nahdlatul Ulama (Jakarta: Yayasan A Wahab Chasbullah and Yayasan
Saifuddin Zuhri, 1999). 11
Tashwirul Afkar is an organization founded by A Wahab Chasbullah. This is an important
medium where traditionalists and modernists met to discuss controversial issues. Among
important figure of Tahswirul Afkar was Mas Mansoer who assumed position of secretary
when Chasbullah was the chairman. However, following the founding of Muhammadiyah
branch in Surabaya in 1921, Mas Mansoer was more inclined to accept modernist
Muhammadiyah position and finally left Nahdatul Wathan.
259
Qurʼān and Sunna.12
In this friction, the traditionalists were eventually
marginalised. Their most severe defeats were in the fourth congress held in
Yogyakarta on 21 August 1925 and subsequently in the following congress in
Bandung in 1926.
The problem was compounded by the unstable political situation of the
Muslim world at that time with the collapse of the Ottoman Empire and the
shift of power in the Hijaz from King Sharif Husein to King Ibn Saud. The
new Saudi monarch organized a congress with the aim of reviving the
caliphate for Muslims worldwide known as Mu’tamar al-Khilafa (the
Congress of Caliphate) in which Indonesian Muslim scholars and leaders
were nominated to attend. . While Cokroaminoto from SI and Mas Mansur
from Muhammadiyah were chosen as delegates, Chasbullah’s nomination
was revoked for the reason that he did not represent any organization.13
The shift in power in Arabia was viewed by traditionalist Muslim
scholars as threatening given difference in the rulers’ madhhab affiliation and
religious leanings. Sharif Husein belonged to Shāfi’i school, while Ibn Sa’ud
was a follower of Wahhabism.14
Abdul Muchith Muzadi, an NU scholar,
maintained that Wahhabi rulers of Saudi Arabia exaggerated their mission to
purify Islamic teachings which resulted in the destruction of numerous
important historical sites of Islam under the pretext that these would lead
12
Miftahurrohim Syarkun, “Visi NU dalam Percaturan Global”, in Yayan Musthofa and
Fathurrahman Karyadi (eds), Menggagas NU Masa Depan (Jombang: Pustaka Tebuireng in
cooperation with LAKSNU, 2010), 11. 13
Abdul Muchith Muzadi, Mengenal Nahdlatul Ulama (Surabaya: Khalista, 2006), 6. See
also Mujamil Qomar, NU Liberal: Dari Tradisionalisme Ahlussunah ke Universalisme Islam
(Bandung: Mizan, 2002), 33. 14
Miftahurrohim Syarkun, 12.
260
Muslims into dualism.15
Concerned with the new regime’s attempts to “cleanse” religious
practices and beliefs, Chasbullah in his messages delivered to King Ibnu
Saud highlighted among other concerns the imperative to preserve religious
rituals such as visiting tombs of the Prophet, companions, saints, religious
scholars, and the pious forebears and the chanting of prayer such as the
dalāil al-khaira16
Nevertheless, this message was not taken seriously by
participants of the congress which resulted in Chasbullah’s decision to leave
the group.
In anticipation of attacks against their religious understanding and
practice, Chasbullah organised a meeting of fifteen leading traditionalist kiai
in January 31 1926. The meeting resulted in the decision to found an
organization of ulama’ (Islamic religious scholars) called Nahdlatul Ulama’
(literally means the awakening of the ulama’), aimed at defending and
strengthening traditionalistic Islam in the Dutch Indies.17
Chasbullah also
initiated the formation of committee called Komite Merembuk Hijaz (a
committee to discuss the case of Hijaz). This committee approved of his visit
to Arabia as representative of traditionalist Muslims in Indonesia.18
The
committee was later formally converted to Nahdlatul ‘Ulama in the
above-mentioned meeting with Hasyim Asya’ari as its first general chairman
(raīs akbar).
15
Abdul Muchith Muzadi, NU dalam Perspektif Sejarah dan Ajaran (Refleksi 55 Tahun Ikut
NU) (Surabaya: Khalista, 2006), 33. 16
Miftahurrahim Syarkun, 13. 17
Greg Fealy, Ijtihad Politik Ulama: Sejarah NU 1952-1967 (Yogyakarta: LKiS, 2007, 3rd
Edition), 21. 18
Miftahurrahim Syarkun, 14. See also A. Muchith Muzadi, NU dalam Perspektif dan
Ajaran (Surabaya: Khalista, 2006), 34.
261
This brief historical account reveals that the birth of NU was a response
to the challenge posed by the new outlook of Islam conditioned by vast social
changes that were occurring in Indonesia under Dutch imperialism.19
The
analysis of the Indonesian historian Kuntowijoyo on the birth of NU sheds
insights on this point. He maintains that basically NU was a response to two
important conditions namely the politicisation of Islam pioneered by the
Sarikat Islam (SI); and modernist ideology hostile to traditionalistic Islam
based on pre-industrial agrarian traditions of the past. Its religious orientation
as a function of symbolic formation of traditional society became the subject
of attacks heresy (bid’a) by modernists.20
Similarly, Ahmad Arifi puts forth
three aspects which explains the birth of NU political, socio-cultural, and
religious,21
all of which are mutually intertwined.
C. Factors Conditioning Traditionalism
To a large extent NU is predominantly traditionalistic. Karl Mannheim for
instance formulated traditionalism as “a tendency to cling to vegetative
patterns, to old ways of life.” Towler describes some salient features of
traditionalism as follows: a) unquestioning certainty of religious traditions; b)
strong tendency to cherish and maintain unchanging traditions; c) resistance
to any kind of innovation deemed to threaten the established belief; d)
hostility to any change and efforts to push them back into the established
mould; and e) the tendency to avoid or dismiss all questions while insisting
19
Djohan Effendi, Pembaruan Tanpa Membongkar Tradisi: Wacana Keagamaan di
Kalangan Generasi Muda NU Masa Kepemimpinan Gus Dur (Jakarta: Kompas, 2010), 3. 20
Kuntowijoyo, Paradigma Islam: Interpretasi untuk Aksi (Bandung: Mizan, 1991), 197. 21
Ahmad Arifi, Pergulatan Pemikiran Fiqih “Tradisi” Pola Mazhab (Yogyakarta: Elsaq
Press, 2010), 78-81.
262
on putting them back under lock and key of a custodial authority.22
These
traits are to a large extent revealed in basic concepts, doctrines and teachings
that form the credo of NU. Of these the most significant are: a) doctrine of
aswaja; b) attitude toward culture and mysticism; and c) Islam Bermadzhab
and Taqlid.
The Aswaja Doctrine
As a central credo, the doctrine of ahl al-sunna wa al-jamā’a (aswaja)
manifest NU’s traditionalist mode of thought as it is an attempt to maintain
the pattern of unquestioning reliance on selective religious rulings lodged in
the past. Alternative views or teachings that attempt to analyse this creed are
rejected as they are deemed to undermine its certainty and stability. The
doctrine of aswaja is employed to differentiate NU’s religious orientation
from modernist Muslim groups which advocate direct reference to the
Qurʼān and Sunna in interpreting religious teachings and a critical attitude
towards accepting the opinions of ulama’, by, for example, not accepting
their consensus (ijmā’).23
This mode of thinking mirrored in the creed of
aswaja distinguishes NU from other Muslim groups.
It is pertinent to note that basic terms in Islam are often subject to
multitudes of meanings. Consequently, a single term can be understood in
diverse ways including their generic and technical meanings. It is this
divergence of meaning that has created controversy regarding the nature of
ahl al-sunna wa al-jamā’a. As a generic term, ahl al-sunna al- jamā’a refers
22
Robert Towler, The Need for Certainty, 82. 23
Zamakhsyari Dhofier, Tradisi Pesantren, 228.
263
to a Prophet’s hadith foretelling the possible split of Muslims into seventy
three sects among which only one will be saved.24
This group is called ahl
al-sunna wa al- jamā’a. Literally, it consists of three separated words of ahl,
sunna and jamā’a. The word ahl carries several meanings such as family or
relatives, and the followers of certain school of thought. Sunna can literally
be understood as way or path, and is comprehended as the prophetic
traditions, manifested in his sayings, deeds or approval. Jamā’a broadly
carries the meaning of community or group. Therefore, ahl al-sunna wa
al-jamā’a in its basic and general understanding means all Muslims who
follow and practice the sunna and affiliate themselves to the Muslim
community (jama’a). In addition to this general understanding, the term has
also been more technically to refer to those who follow Ash’ari and Maturidi
schools of thought in term of theology (aqīda), adopt one among four schools
(madhhab) in Islamic jurisprudence (Hanafi, Maliki, Shafii, and Hanbali),
and those who in terms of Islamic mysticism follow the teachings of
al-Ghazali and Junaid al-Baghdadi.25
These three aspects are deemed as
forming a unity which encompasses the principal aspects of Islam based on
the manhaj of Ash’arite and Maturidi in the field of aqīda (faith) and the four
major schools of fiqh (Islamic jurisprudence). Aswaja, however, has been
used ideologically to distinguish a group from others such as the sunni from
24
The hadith says: “The Jews split into 71 groups and Christians into 72, while my
followers will split into 73. All groups will be in the hell, except one group. The companions
of the Prophet (sahabah) asked: Who is the only saved group? Prophet replied: “Those are
ahl al-sunnah wa al-jamaah (the followers of sunna and jamaah)”. “What is ahl al-sunnah wa
al-jamaah?” Ahl al-sunnah wa al-jamaah is what my companions are and I am on it”. 25
Ahmad Arifi, Pergulatan Pemikiran Fiqih “Tradisi” Pola Mazhab (Yogyakarta: Elsaq
Press, 2010), 66; Samsul Ma’arif, Mutiara-Mutiara Dakwah K.H. Hasyim Asy’ari (Bogor:
Kanza Publishing, 2011), 109-112; Miftahurrohim Syarkun, 25-26; Busyairi Harits, 23.
264
the Shi’ites.26
It has also been appropriated to distinguish and reject the
rationally-oriented Mu’tazila.27
In the context of NU, the adoption of ahl
al-sunna wa al-jamā’a refers to those who follow the Ash’arite theology
enriched by religious thought consonant with the socio-cultural condition of
Indonesian Islam. For this reason this specific meaning of ahl al-sunna wa
al-jamā’a is unique compared to the understanding of the term employed in
other Muslim countries.
Based on NU’s National Meeting (Musyawarah Nasional) in 2002, ahl
al-sunna wa al-jamā’a is defined as those who strongly follow the Qurʼān
and exemplary practices of the Prophet, his companions, pious forebears and
those who revive their teachings.28
As ahl al-sunna wa al-jamā’a is the main
doctrinal denominator of NU, it is stated that those who adhere to ahl
al-sunna wa al-jamā’a are integral to NU, although they are not NU
members in terms of organizational affiliation.29
Again, the meaning given to
this concept indicates the employment of the general meaning of ahl al-sunna
wa al- jamā’a.
The main features of ahl-sunna wa al-jama’a in NU’s sense of the term
are manifested in the attitude towards tawasuṭ and i’tidal, tawāzun, tasāmuḥ,
26
Muhammad Tholhah Hasan, Ahlussunah wal Jamaah dalam Persepsi dan Tradisi NU
(Jakarta: Lantabora Press, 2005), xii. 27
Before founding his own school, Abu Hasan al-Asy’ari was the follower of Mu’tazilah
and studied under Mu’tazilah scholar al-Juba’i. There are two reasons that motivated
al-Asy’ari to leave Mu’tazilah, namely his dissatisfaction of Mu’tazilah ideology, and his
dream of meeting the Prophet. See Muhammad Idrus Ramli, Mazhab al-Asy’ari, Benarkah
Ahlussunah Wal-Jamaah: Jawaban Terhadap Aliran Salafi (Surabaya: Khalista, 2009),
19-23. 28
Busyairi Harits, Islam NU: Pengawal Tradisi Sunni Indonesia (Surabaya: Khalista, 2010),
23. 29
Salahuddin Wahid, Salaluddin “Menggagas NU Masa Depan” in Yayan Musthofa and
Fathurrahman Karyadi (eds), Menggagas NU Masa Depan (Jombang: Pustaka Tebuireng in
cooperation with LAKSNU, 2010).
265
and amar ma’ruf nahi munkar.30
Tawasuṭ and i’tidal are two principles
which advocate taking a middle path between two opposing extreme
positions. They imply a balance between reason and revelation,
pre-determinism (Jabaria) and free will of human agency (Qadaria). Tawāzun
(balance) involves the principle of balancing devotion to God with
humanitarian orientation and harmony between the past and the present.
Tasāmuḥ or toleration means tolerance of differences of opinions and views
both in religious and social issues while amar ma’rūf nahi munkar invites
sensitivity towards humanity and encouragement for people to do virtuous
deeds for society.31
By this understanding, it is clear that NU has formulated a very
distinctive meaning of and an exclusive claim on the term of ahl al-sunna wa
al-jamā’a. Such a claim can also be seen from the reaction of NU to other
groups claiming to be followers of the ahl al-sunna wa al-jamā’a. In a book
on aswaja published by East Javanese Provincial Board of NU, it is stated
that among other factors leading to its publication is the emergence of groups
in Muslim society who claim themselves as followers of ahl al-sunna wa
al-jamā’a such as the salafis, but who abstain from practicing doctrines and
teachings of ahl al-sunna wa al-jamā’a.32
Moreover, NU’s version of ahl
al-sunna wa al-jamā’a is believed to be distinctive compared to the
understanding of the concept as developed in the Middle Eastern countries.
30
A. Muchith Muzadi, NU dalam Perspektif Sejarah dan Ajaran (Refleksi 55 Tahun Ikut NU)
(Surabaya: Khalista, 2006), 27. 31
Miftahurrohim, 26; Muchith Muzadi, 26-27. See also Muhyiddin Abdusshomad, Hujjah
NU: Akidah, Amaliah, Tradisi (Surabaya: Khalista, 2012), 7. 32
PW NU Jawa Timur, Aswaja an-Nahdliyah: Ajaran Ahlussunah wa al-Jamaah yang
Berlaku di Lingkungan Nahdlatul Ulama’ (Surabaya: Khalista and LTN PW NU Jawa Timur,
2007), 4-5.
266
This is due to differences in the social, cultural, political and religious
contexts in both these regions. While Middle Eastern society is formed by
the experience of monarchy as a political system with textual orientation,
Indonesian religious orientation is mostly moderate as the result of its
long-established tradition.33
Similarly, Muhammad Tholhah Hasan identifies
three contexts in which the doctrine of ahl al-sunna wa al-jamā’a is
understood in NU, namely doctrinal, political and socio-cultural,34
which
once again reveal the specific meaning of aswaja developed by NU over the
years. However, according to Malik Madani, the current general secretary of
NU Central Board, ahl al-sunna is not a teaching but refers to the supporters
of the teaching of sunna and jamā’a.35
It can be said that aswaja in NU’s conception is both a school (madhhab)
and a method of thought (manhaj), as formulated by Hasyim Asy’ari, the
founding father of NU.36
As a result, the centrality of aswaja within NU is
relatively uncontested. However, the establishment of aswaja doctrine has
been lately criticized by NU younger generation of members which indicates
a rift within NU. One factor leading to this clash of thought is different
religious orientations that are emerging within the movement. Most of the
older clerics in NU perceive aswaja as a fundamental doctrine of the school
of thought which originated from classical scholars of the past. They regard
33
Nur Syam, “Membaca K.H. Hasyim Asy’ari Melalui Hermeneutika: Sebuah Catatan
Pengantar”, Foreword in Achmad Muhibbin Zuhri, Pemikiran KH. M. Hasyim Asy’ari
tentang Ahl al-Sunnah wa al-Jamaah (Surabaya: Khalista, 2010), vi. 34
Muhammad Thalhah Hasan as quoted by Arifi, 2010, 63-64. 35
Kiai Malik Madani: Islam Aswaja, Islam yang Wajar,
http://www.nu.or.id/a,public-m,dinamic-s,detail-ids,44-id,38970-lang,id-c,nasional-t,KH+Ma
lik+Madani++Islam+Aswaja++Islam+yang+Wajar-.phpx. Accessed on 16 November 2013. 36
Miftahurrahim Syarkun,”NU dalam Percaturan Global,” in Yayan Musthofa and
Fathurrahman Karyadi (eds), Menggagas NU Masa Depan (Jombang: Pustaka Tebuireng in
cooperation with LAKSNU, 2010), 27.
267
this tradition as important as a revelation of God. The younger generation, on
the other hand, view these classical traditions or intellectual inheritance as a
legal product of the past which is highly influenced by its socio-historical
context. Its binding quality is associated with strong fanaticism in clinging to
the opinions of savants of the past. This dynamics reveal that while NU is
predominantly traditionalistic in this aspect, competing groups within the
movement are beginning to question its credo and seeking new understanding
of tradition.
Attitude towards Tradition and Mysticism
Another major trait of NU’s religious orientation is its accommodative
attitude towards local tradition and culture that have developed in the past.
NU believes that tradition is an essential part of human life and culture as a
human creation of positive virtue which should be maintained for the
well-being of society.37
Consequently, NU flexibly accommodates local
customs and practices so long as these are not deemed to offend the values of
religion. This attitude is based on the principle of al-muḥāfaḍatu ala
al-qadīm al-ṣālīh wa al-akhdhu ala al-jadīd al-aṣlaḥ, or preserving older
elements which are virtuous and admitting new ones which are purposeful for
man.
As an example of the assimilation of local customs and traditions into
religious life is the practice of slametan, kondangan and kenduri which are
aspects of Javanese tradition long observed before the coming of Islam.
37
Aswaja an-Nahdliyah, 33.
268
While other Muslim groups deem it imperative to purify Islam from such
practices, NU’s religious perspective differs. It believes that in such practices
as slametan, there are elements of virtue in so far as it facilitates devotion to
God through remembrance of Him and prayers for the deceased and loved
ones. None of all these values, claims NU, contradicts Islamic teachings, and
for this reason there is no basis on which such practices should be abolished
although they were not practiced during the time of the Prophet
Muhammad.38
NU’s rejection of the association of these practices with bid’a, which
can loosely be defined as innovation in religious practices is yet another
revealing instance of traditionalism. Its distinctive argument on bid’a
illustrates the point. It questions whether those who label these cultural
practices as bid’a are not in fact guilty of innovation themselves as they do
not refer to ulama for an opinion or ruling and are even hostile to them.’
NU maintains that recourse to the opinions of the ulama’ will reveal that they
do not condemn bid’a as sesat (astray), and pronounce on the illegality of
these practices.39
NU’s position on the ulama within the context of Islamic
sharī’a reveals its traditionalistic attitude towards the religious legacy of the
past.40
NU’s traditionalism is also evident in its mystical orientation towards
Islam. Although this type of religious experience has s often been
pejoratively understood, NU believes that it has benefitted the community. In
38
Aswaja an-Nahdliyah, p. 34. 39
Nur Hidayat Muhammad, Hujjah Nahdliyah, 23. 40
Karl Mannheim, Essays on the Sociology of Cuture (London: Routledge and Kegan Paul,
1965), 192-93.
269
Gus Dur’s words, the sufi or mystical orientation that NU members adopt has
provided them with “moral discipline and degree of social cohesiveness
which enable them to endure change, including political changes.”41
Furthermore, he maintained that in contrast to the rigid puritanical and
modernist Islamic movement, “NU’s religious teachings allow for flexibility.”
These teachings also “demonstrate the depth of NU’s ability to sustain its
own tradition in the face of turbulent changes which have shaken the Muslim
world over the past and half centuries.”42
Taqlid and Islam Bermadzhab
Another element of traditionalism in NU is its stand towards taqlīd and
madhhab. NU believes that following one of the four Sunni legal schools
(Hanafite, Malikite, Shafiite and Hanbalite) is compulsory in observing
Islamic teachings. This doctrine is popularly known as Islam Bermadzhab.43
Theoretically, a madhhab or school of law is a complex entity which must
include such elements as method of law deduction (istinbāṭ), ijtihād and
compendium of their teachings (fiqh).44
Based on this definition, in the
context of Islam bermazhab, NU believes that practicing taqlīd does not
mean blind imitation of madhhab’s teachings as a whole, but is confined only
to following strictly selective opinions of imams which are s part of the
complete set of rulings within a madhhab. In other words, taqlīd is not
41
Abdurrahman Wahid, ”Foreword”, in Greg Fealy and Greg Barton (eds), Nahdlatul
Ulama’: Traditional Islam and Modernity in Indonesia (Melbourne: Monash Asia Institute,
1996), xiv. 42
Ibid. 43
Pengurus Besar NU, Anggaran Dasar dan Rumah Tangga Nahdlatul Ulama (Jakarta:
Sekretariat Jendral PB NU, 2004), 3. 44
Achmad Siddiq, Khitthah Nahdliyyah, 54.
270
permitted to imams or schools of law which produced only sporadic thought
and at the same time do not stand on firm method of legal deduction.45
However, the practice of Islam Bermadzhab and taqlīd have been
observed long before the founding of NU as a formal organization. Following
madhhab seems to have been a conscious religious preference of traditional
kiai long before NU was formally established. Consequently, this preference
is further accompanied by attempts to refer all issues and problems in Islamic
law to sources (marāji’) established systematically by classical ulama’ or
their mujtahid fore-bearers46
which are mostly written in classical books in
Islamic studies known as kitab kuning.
This doctrine marks an important point of divergence between NU’s
traditionalism from its modernist counterparts. While NU urges that taqlīd
within madhhab is fundamental, modernist groups such as Muhammadiyah
and Persatuan Islam strongly advocate for the exercise of ijtihād which could
be perceived as not giving strong importance to the teachings of imam of
madhhab or classical ulama. Manifestations of traditionalism in these aspects
of NU’s belief is due to the following: a) it is believed that the Muslim umma
has agreed that in understanding the sharī’a, reference to authoritative
sources of transmission is fundamental; b) it is stated in the prophetic
tradition that the umma should follow the majority for the sake of their
salvation; c) finding reliable ulama is not an easy thing in the contemporary
setting,47
and as a result referring to reliable madhhab is inevitable; d) the
knowledge of each imam of the madhhab is indiscriminately reliable; e) these
45
Achmad Siddiq, Khitthah Nahdliyyah, 54. 46
Moesa, Nasionalisme Kiai,135. 47
Samsul Ma’arif, 113-114. See also Muchith Muzadi, 123-125.
271
imams are absolute mujtahid or mujtahid mustaqil able to exercise
independent thinking, create manhaj al-fikr (method of thinking), and
establish procedures in making and deducing law (istinbāṭ); f) the imams’
teachings have been transmitted to loyal disciples who consistently spread
and develop respective schools of law supported by the original thought of
their imams of madhhab and g) following a madhhab reflects
acknowledgement of chains of intellectual tradition among madhhab48
which
guaranteespurity of their teachings. In short, NU believes that following
madhhab is a “scientific responsibility”, that allows for “mutual respect” for
NU’s ulama, imams of madhhab and their followers.49
NU’s traditionalism also clearly manifested in its defence of taqlīd
against the attacks by modernists for promoting a spirit of religion that is
uncritical and authoritarian. For NU, taqlīd is an inevitable aspect of belief
which cannot be negated by believers. It also ought to justify the practice on
the ground that it is not absolute or static as those who practice it are still able
to find reasons for certain amal (deeds) and rituals they practice. It maintains
that taqlīd al a’ma blind imitation) applies only to muqallid (a blind-follower)
who do not have thorough understanding of the detailed dalil (reasoning) of
specific amal or ritual. For NU, even Muslims who are unable to exercise
legal reasoning are not free from taqlīd since in exercising legal reasoning,
they must follow certain methods created and employed by a mujtahid or
48
Tim PWNU Jawa Timur, Aswaja An-Nahdliyah, 24-25. For example, Imam Abu Hanifah,
the founder of Hanafite school, had been reported of meeting Imam Malik ibn Anas, the
founder of Malikite school, when the former performed his pilgrimage. Imam Shafi’i, the
founder of Shafi’ite school, is a disciple of Imam Malik, while Ahmad ibn Hanbal is a
disciple of Imam al-Shafii.. 49
Ahmad Arifi, Fiqih “Tradisi” Pola Mazhab, 167.
272
imam in deducting certain legal conclusions.50
Furthermore, Hasyim Asy’ari,
the founding father of NU, maintained that taqlīd is not the only method for
Islam bermadzhab as ijtihād is also acknowledged within madzhab.51
Taqlīd
is also defended as non-monolithic in terms of its meaning. For example,
according to one version, taqlīd can be classified into four groups following
certain madhhab while thoroughly understanding the reasons behind certain
teachings and methods employed,; following certain imams or schools of
law who are not fully and consistently aware of both the reasons and methods
employed; following the opinions of imams merely based on the belief that
the opinions are true and in accordance with Islamic teachings as modelled
by the Prophet, without any knowledge of the reasons and methods employed;
following teachings transmitted by certain imams and schools of law and
believing in the reliability of this chain of knowledge transmission.52
This categorisation of taqlīd can be seen as attempts to defend taqlīd
against those who see the practice as the uncritical following of the teachings
of certain schools of law. NU kiais also assert in defence that taqlīd is
basically equivalent to ittiba’53
and not merely blind imitation. In the context
of NU’s Islamic legal thinking, ittibāʽ and taqlīd carry identical meanings.
The reasons they adduce to justify their stand reveals clearly the strong
tendency to rely on the authority of rulings of savants of the past. They
maintain that that there is no difference between ittibāʽ and taqlīd, the ulama’
50
Muhyiddin Abdusshomad, 44-45. 51
Achmad Muhibbin Zuhri, Pemikiran K.H. M. Hasyim Asy’ari tentang Ahl al-Sunnah wa
al-Jamaah (Surabaya: Khalista, 2010), 167. 52
M.N. Harisuddin, “Ijtihad dan Taqlid dalam Pandangan K.H. Abd. Muchith Muzadi”,
Jurnal Falasifa, Vol. 2, No. 2, September 2011, 59. 53
See Moesa, Nasionalisme Kiai, footnote number 47, p. 134.
273
have agreed that for Muslim masses unable to exercise Islamic legal
reasoning from primary source of Islamic law, taqlid is imperative and the
Qurʼān has repeatedly ordered Muslims who are not knowledgeable to
inquire from those who are.54
It is also maintained that that there is a mutual
and dialectical relationship between taqlīd and ittibāʽ as both are not
contradictory.55
The mode of thinking underlying NU’s standpoint on taqlīd on the
whole reveals the predominant traits of traditionalism in which reason is
viewed with ambivalence or restricted to specific group namely those who
are deemed knowledgeable. It reflects NU’s strong tendency to cling the
rulings of the savants. NU’s traditionalism is conditioned and maintained by
several factors including the role of its religious elites or kiai, its educational
system and the position of classical religious sources within its legal thought
and tradition.
In general terms, the position of the kiai is central to NU’s
traditionalistic system. The term kiai refers to religious leaders or Islamic
religious scholars in Java.56
They are cherished as experts in Islamic
knowledge and sometimes own or lead a pesantren where they teach religion
based on classical Islamic books57
known as kitab kuning.58
In most cases,
54
Nur Hidayat Muhammad, Hujjah Nahdliyah: Kelimuan, Tradisi, Tawawuf (Surabaya:
Khalista, 2012), 4-5. 55
Achmad Siddiq, Khitthah Nahdliyyah, 50. 56
Abdurrahman Wahid, “Kiai dan Kompleksitas Tipe-tipenya”, Foreword in Pradjarta
Dirdjosanjoto, Memelihara Umat: Kiai Pesantren-Kiai Langgar di Jawa (Yogyakarta: LKIS,
2013), xiii. 57
Zamakhsyari Dhofier, Tradisi Pesantren: Studi Pandangan Hidup Kyai dan Visinya
tentang Masa Depan Indonesia (Jakarta: LP3ES, 2011), 93. 58
Literally, kitab kuning means yellow books. This refers to classical Islamic books taught
in pesantren in many branches of Islamic knowledge such as ushul fiqh, fiqh, tafsir, and
hadith. These books usually printed in yellow paper, and for this reason, the name kitab
274
a kiai plays central role in a pesantren 59
Historically speaking, the
emergence of kiai (religious leaders) in Indonesia, especially in Java,
coincided with the rise of socio-politico-religious phenomena during
nineteenth and twentieth century. Among those phenomena is the resurgence
of religion in Java.60
The kiai is also used to refer to religious elites are
ulama’ and ustādh. Previously, kiai and ustādh are used respectively to
distinguish traditional religious leaders from their modernist counterparts.61
However, with the passage of time such a distinction is no longer valid as
modernists also use the term kiai to refer to their religious leaders. While the
term ulama’ refers to a kiai who is a scholar on Islam. Kiai, on the other hand
involves a broader category. Until the decade of 1970s, almost all kiais are
the leaders of pesantren. It is also interesting to note that although ideally a
kiai is a person knowledgeable in religious issues, there are many kiais who
do not master Islamic knowledge adequately. This type of kiai is usually
distinguished by personal charisma, genealogical lineage, or spiritual prowess.
By this measure, not all kiais in NU can be categorized as ulama’.62
As the centre and the holder of authority in Islamic knowledge, kiai’s
also functions as a marja’, source of reference for the general public in
dealing with important issues. As a marja’, kiai employ certain methods in
solving issues and problems in Islamic law and their sayings are widely
followed by Muslims. Principally, kiai’s strong authority is defined by several
kuning is attributed. 59
Zamakhsyari Dhofier, Tradisi Pesantren, 94. 60
Ibnu Qoyim Ismail, Kiai Penghulu di Jawa: Perannya di Masa Kolonial (Jakarta: Gema
Insani Press, 1997), 17. 61
Abdurrahman Wahid, “Foreword” in Pradjarta Dirdjosanjoto, Memelihara Umat: Kiai
Pesantren-Kiai Langgar di Jawa (Yogyakarta: LKIS, 2013), xiii. 62
Greg Fealy, Ijtihad Politik Ulama’, 21-22, especially footnotes number 2.
275
supporting factors, such as: a) his understanding of Islamic knowledge based
on their understanding of works written by the classical ulama; b) piety or
high standard of morality manifested by their devotion to ʽibāda, sincerity in
struggling for humanity and many other virtues; c) genealogy, namely that a
certain kiai is usually the offspring of reputable ulama’ or the descendant of
founders of reputable pesantren; and d) karāma which is usually associated
with magic and supra-natural prowess.63
The combination of all these factors strengthens the kiai’s position as
leaders of their society. The kiai in a pesantren is usually identified with the
traits of charismatic leadership.64
Based on his charisma, kiai in pesantren
are regarded as central figures able to perform multiple functions such as
social, cultural and religious engineering. Therefore, it is understandable that
the influence of kiai over their santri will continue in shaping many aspects
of their life even when they have left the pesantren.65
Apart from their position as pesantren leaders, kiai played a variety of
roles in history. For example, they were actively involved with the struggle
for Indonesia’s independence The defining role of Kiai Wahid Hasyim in
formulating Pancasila is an example of kiai’s involvement in fields of life
other than religion. The centrality of the kiai’s role in the preservation of
traditionalism can be better understood from within their social and religious
contexts. Although it is not always the case, a kiai usually builds the chain of
his knowledge and influence in a pesantren which serves as one of the oldest
63
M. Nur Hasan, Ijtihad Politik NU: Kajian Filosofis Visi Sosial dan Moral Politik NU
dalam Upaya Pemberdayaan Civil Society (Yogyakarta: Manhaj, 2010), 43. 64
Abd Halim Soebahar, 64. 65
Ibid, 64.
276
educational institutions in Nusantara.66
In the attempt to comprehend the maintenance of traditionalism within
NU, the role of Indonesia’s system of religious education is a significant
factor. Before the emergence of the modern educational system, the
pesantren is among the most accessible alternative education for Muslims.
Nurcholish Madjid argues that the contribution of pesantrens in the formation
of national education in Indonesia is very eminent.67
It is a unique
educational institution not only due to its long establishment, but also its
specific culture, tradition, method of learning.68
Pesantren is often classified as a traditional and dated Islamic
educational institution. It has been playing an important role in transmitting
and maintaining Islamic traditional knowledge within NU. In general, it
constitutes a fundamental component of religious education, the other being
are the kiai and the madrasah. These three elements play fundamental and
defining roles in the transmission of traditionalism in NU. Other than these
three elements, the introduction and penetration of new ideas in Islamic
thought have extended the traditional chain of knowledge and centre for
intellectual learning into unprecedented forms. For example, NU young
generation’s activities in many study circles has provided not only a new
breeding ground for NU’s intellectual development, but also paved a new
way for the transformation of NU’s mode of legal thought, in particular and
66
See Salahuddin Wahid, “Menemukan Kembali Mutiara Terpendam yang Terlupakan”,
Preface in Mardiyah, Kepemimpinan Kiai dalam Memelihara Budaya Organisasi
(Yogyakarta: Aditya Media, 2012), xvii. 67
Nurcholish Madjid, Bilik-Bilik Pesantren (Jakarta: Paramadina, 1997), 3. 68
Mardiyah, Kepemimpinan Kiai dalam Memelihara Budaya Organisasi (Yogyakarta:
Aditya Media, 2012), xxiii.
277
Islamic thought in general. More importantly, recent prominent diasporas of
NU’s leaders to many centres of excellence around the world has not only
contributed to the enrichment and sustainability of both the basis and chain of
knowledge within NU insignificant ways but also showed the ability of NU
in integrate with contemporary ideas without losing their its distinctive
identity.
According to Martin van Bruinessen, the main reason for the emergence
of pesantren is the need for the transmission of traditional Islam from the
chain of s classical references written centuries ago. Principally, the number
and types of references accepted by the pesantren are limited. These works
are deemed as final and closed to any rethinking or modifications. Only their
explanation and clarification is deemed possible.69
It is important to emphasize that during its course of existence, the
pesantren has basically undergone several important transformations
including the wave of modernisation within the pesantren. As the kiai is
central in the pesantren, transformation and innovation taking place in the
pesantren cannot be separated from the types, models and nature of kiai’s
leadership. As Halim Soebahar argues innovations adopted by pesantren is
part of the attempt of pesantren to deal with social changes, when established,
conventional and traditional methods are no longer able to tackle this task.
Principally, Abd Halim identifies three types of innovation in the pesantren,
namely innovation in the conceptual realm in the form of introduction of new
ideas, innovation in the form of new technology, and innovation in the form
69
Martin van Bruinessen, Kitab Kuning: Tradisi-tradisi Islam di Indonesia (Bandung:
Mizan, 1995), 17.
278
of new structure and functions.70
However, the role of pesantren as the
centre for the maintenance of traditionalism within NU is unchallenged. Greg
Barton maintains that when the dichotomy of traditionalism and modernism
expanded beyond the realm of ritual and become more sociological, the
association of pesantren and santri with traditionalism is inevitable.71
One important trait of pesantren education is its emphasis on classical
Islamic subjects. Fiqh is the most favourable subject taught in many NU
pesantrens. Almost all pesantren have taken fiqh as the compulsory subject
compared to otherssuch as hadīth, tafsīr, or Islamic theology. Ahmad Arifi
believes that this fact has significantly shaped individual characteristic of NU
members72
and in broader sense also the characteristic of NU’s
traditionalistic orientation. Muhammad Hamim of Lajnah Bahth al-Masāil in
Pesantren Lirboyo also asserts that fiqh has overweighed other subjects not
only because the pesantren has determined so but also due to strong interest
of the santri to this subject.73
It is not only fiqh which is taught as
fundamental and the most important subject in pesantren, but also any other
subjects related to fiqh, including practical skill such as skill of bahth
al-masāil. In the case of Pesantren Lirboyo, in Kediri, East Java for example,
the skill of bahts al-masāil has been taught as early as level of madrasa
al-ibtidāiyya (primary school). This skill continues to be taught at the level of
madrasa thanāwiya (secondary school), and madrasa ʽāliya (junior high
70
Abd Halim Soebahar, Modernisasi Pesantren: Studi Transformasi Kepemimpinan Kiai
dan Sistem Pendidikan Pesantren (Yogyakarta: LKIS, 2013), 177. 71
Greg Barton, Biografi Gus Dur: The Authorized Biography of Abdurrahman Wahid
(Yogyakarta: LKIS, 2010), 72-73. 72
Ahmad Arifi, 3. 73
Interview with Muhammad Hamim HR, in Lirboyo, Kediri.
279
school). The methods used for all these levels are usually identical
distinguished only by the material being taught at each level.74
Martin van Bruinessen calls this phenomenon as an exaggeration in the
rigidity of fiqh. Interestingly, Martin also identifies that this is not unique to
traditionalist In Martin’s word: “Both traditionalists and reformists,
incidentally have tended to exaggerate the rigidity of the madhhab. It is true
that fiqh books prescribe in great detail what has to be done in enormous
specific situations, but a fair amount of flexibility and freedom has always
existed because fiqh is neither a complete nor a consistent system.”75
In a
more fundamental sense, Martin analyses NU’s attitude of taqlīd as a
reflection of pessimistic view of history.76
It cannot be refuted that the pesantren plays primary role in transmitting
traditional knowledge and maintaining fiqh orientation of NU. More
significantly, the primacy of pesantren role in forming body of law or fiqh
orientation of NU was later advanced by the founding of a ma’had ʽāly, a
university-level pesantren in Sukorejo, Situbondo, East Java. The founding of
this ma’had ʽāly is motivated by a fear of the shortage of ulama’ within NU
due to significant number of NU’s ulama passeding on.77
Founded on 21
February 1990, this model of education has significantly contributed to not
only the emergence of an ulama’ generation within NU, but also strengthened
the dynamic of Islamic legal discourse in this organization Compared to its
74
Interview with Muhammad Hamim HR, in Lirboyo, Kediri. 75
Martin van Bruinessen, “Tradition for the Future: The Reconstruction of Traditionalist
Discourse within NU”, in Greg Fealy and Greg Barton (eds), Nahdlatul Ulama’: Traditional
Islam and Modernity in Indonesia (Melbourne: Monash Asia Institute, 1996), 169. 76
Ibid, 168. 77
Asrori S Karni, Etos Studi Kaum Santri: Wajah Baru Pendidikan Islam (Bandung: Mizan,
2009), 253.
280
modern counterparts, Muhammadiyah, which will be discussed in the next
chapter, NU is known as the centre of ulama’, while Muhammadiyah known
for its social services orientation, is often viewed as facing a crisis of ulama’.
However, despite the impression of NU as the centre for ulama’, NU is still
beset by the scarcity of ulama in the future. This clearly shows that NU’s
attention to the transmission, continuity and sustainability of traditional
Islamic knowledge is enormous.
One last factor important to underline is reference to classical religious
sources. The maintenance of traditionalism within NU is also supported by a
long established tradition of reference to classical sources of Islamic teaching
known as the kitab kuning. Unsurprisingly, the kitab kuning plays very
important role in constructing the body of knowledge in NU and pesantren.
In his comprehensive study on kitab kuning, Martin van Bruinessen shows
the centrality of kitab kuning within the tradition of pesantren. Although it is
an integral part of the pesantren, Bruinessen identifies that even before the
existence of pesantren as a centre for religious education, kitab kuning has
been widely known by traditional Muslim society in Indonesia, especially in
Java.78
The centrality of kitab kuning can also be traced in the construction of
NU’s fiqh as a medium through which proper understanding of the Qurʼān
and Sunna is sought.79
NU has set a number of classical sources which can
be referred to in dealing with certain issues. This collection of kitab kuning is
known as al-kutub al-mu’tabara (the reliable books). In NU National
78
Martin van Bruinessen, 79
Nur Hidayat Muhammad, Hujjah Nahdliyah: Keilmuan, Tradisi, Tasawuf (Surabaya:
Khalista, 2012), 1-2.
281
Congress (Musyawarah Nasional) in Situbondo in 1983, NU defined al-kutub
al-mu’tabara as books that have to be referred in deducing Islamic law. The
books must be written by scholars of the four madhhab. Furthermore, this
also means that any decisions on Islamic legal issues which rely on books
other than the works of ulama madhhab will be deemed as invalid.80
Reference to al-kutub al-mu’tabara is believed to be the method through
which the purity of Islamic teachings is preserved. Abdul Muchith Muzadi
maintains that following certain schools of law reflects the strong attempt to
preserve the purity of Islam.81
Tantamount to this principle, the majority of
NU kiais also strongly believe that there are two systems which could
possibly be adopted in order to preserve the purity of Islam, namely ijtihād,
on the one hand, and the system of following madhhab which is also known
as taqlīd, on the other. By far, the first is described as deducing law from the
Qurʼān and Sunna directly by the aid of reason, while the second is
understood as following the teachings of mujtahid or imam who are able to
deduct law from primary source of law.82
D. Lajnah Bahth al-Masail and Its Fatwā
Etymologically, bahth al-masāil is an Arabic term. It is a compound form
of words bahth and al-masāil. Bahth is a noun of the verb bahatha which
carries meanings such as to discuss, examine or look up;83
while masāil is a
plural form of masʼala (a problem). It may be understood as discussion of
80
Munawir Abdul Fattah, Tradisi Orang-Orang NU, 24. 81
Muchith Muzadi, NU dalam Perspektif Sejarah dan Ajaran, 129. 82
Ali Maschan Moesa, p. 134. 83
Ahmad Warson Munawwir, Kamus al-Munawwir Arab-Indonesia Terlengkap (Surabaya:
Pustaka Progresif, 1997), 59.
282
problems, which principally describes the main function of this body. The
discussions are conducted by religious scholars and involve responses to any
problems which require legal determination. For that reason, bahth al-masāil
both in its older and newer forms and contexts are closely related to
fatwā-making. Before the institutionalization of bahth al-masāil, kiai served
as individual mufti since in many cases they had to respond to problems of
Islamic law raised by Muslims in their respective areas. In general, there
were two types of fatwā developed at that time, namely fatwā on Islamic
jurisprudence (fiqh) generally related to rituals and fatwā related to
socio-cultural issues. This second type of fatwā is also known as preventive
fatwā.84
Hence, prior to its founding as a formal institution, bahth al-masāil refers
to a tradition of religious deliberation practiced long before the founding of
NU as a formal organization85
as represented by the existence of traditions
such as shawir and halaqa.86
Ali Maschan Moesa explicates:
Bahth al-Masāil is a tradition which has taken place long before the
birth of NU when kiais, senior santri, and alumni of pesantren
practiced a model of meeting to deduce fatwā from classical books
they have studied. This indicates that the tradition is only effective in
the pesantren circle. More importantly, under certain conditions, the
ability to participate in forums of bahth al-masāil becomes a
parameter of the depth and level of knowledge of a kiai and an
important criterion in considering him for a position within the
structure of NU such as a member of the shuria.87
Although initially confined to oral exchanges the bahth has moved further
84
Imam Yahya, “Akar Sejarah Bahtsul Masa’il” in Imdadun Rahmat (ed), Kritik Nalar Fiqih
NU: Transformasi Paradigma Bahtsul Masa’il (Jakarta: Lakpesdam, 2002), 8. 85
See Sahal Mahfudh, “Bahtsul Masail dan Istinbath Hukum NU”, vi-vii. 86
Ali Maschan Moesa, Nasionalisme Kiai Konstruksi Sosial Berbasis Agama (Yogyakarta:
LKiS, 2007), 126. 87
Ali Maschan Moesa, Nasionalisme Kiai, 129.
283
to document the results and conclusions of its deliberations.88
The result of
this forum was published in a newsletter known as LINO (Lailatul Ijtima’
Nahdlatul Oelama), the meeting night of Nahdlatul Ulama. This newsletter
had been very instrumental in facilitating debates on Islamic legal issues
among NU’s ulama. Disagreement on certain issues could lead to very
intensive exchanges of thought. The dispute between Kiai Mahfudh Salam in
Pati, Central Java, and Kiai Murtadlo, in Tuban, East Java, over the use of
Javanese language in Friday sermon, serves as an evident example.89
The
former stands on the position that Friday sermons in Javanese language is
permitted, while the latter prohibit translation of Friday sermons into
Javanese. It is for this reason that in the present day, using Arabic as a
medium of Friday sermon is a popular practice in Tuban and its surrounding
regions.90
The bahth al-masāil’s emphasis on skills or methods in deducing law or
legal opinions from classical texts is an integral part of the pesantren
education system.91
So important is the position of the bahth al-masāil
within the tradition of pesantren, that is has been formally institutionalized
88
However, in general the archival tradition or skill in NU is not seriously emphasized.
Consequently, many important decisions resulting from the bahts al-masail forum are not
well-documented. This situation is a major constraint in attempts to study bahts al-masail.
Researcher of bahts al-masail such as Ahmad Zahro and Ahmad Muhtadi Anshor
acknowledged this shortcoming. See Ahmad Zahro, Tradisi Intelektual NU: Bahtsul Masail
1926-1999 (Yogyakarta: LKiS, 2004), 67; and interview with Ahmad Muhtadi Anshor,
Tulungagung, East Java, 9 December 2013. 89
Sahal Mahfudh, “Preface” in Ahkam al-Fuqaha 90
See Ali Maschan Moesa, Nasionalisme Kiai, footnote number 38, page 126. 91
It is reported that Kiai Wahab Chasbullah, one of the NU’s founding fathers, founded a
small discussion group known as Tahswirul Afkar in Surabaya. Through this small group, a
number of prominent NU kiais often met and discussed any issues both religious and
non-religious. This meeting is further seen as seed for the formalization of bahts al-masail as
a formal institution. See Greg Fealy, “Wahab Chasbullah, Traditionalism and the Political
Development of Nahdlatul Ulama”, in Greg Fealy and Greg Barton (eds), Nahdlatul Ulama,
Traditional Islam and Modernity in Indonesia (Melbourne: Monash Asia Institute, 1996),
1-41.
284
into lajnah bahth al-masāil. Although not all pesantren institutionalize the
bahth al-masāil into lajna, as an activity, bahth al-masāil is almost
inseparable from pesantren life, although it varies from one pesantren to
another.92
The case of Pesantren Lirboyo in Kediri, East Java provides an
example. Known as one of centres for bahth al-masāil, the ability to perform
bahth al-masāil seems to be a major focus of the pesantren. The importance
of this skill in Pesantren Lirboyo could also be seen from the fact that it is
taught as early as primary school level (madrasa al-ibtidāiyya). Muhammad
Hamim HR, a teacher and chair of LBM at Lirboyo Pesantren, explains that
the training at the primary level covers simple case studies in Islamic law
aimed at introducing referencing to classical legal sources..93
Activities of bahth al-masāil in the pesantren are meant to train santri
with skills to enable them to respond to actual issues that emerge in Muslim
society. It is not an exaggeration therefore, to assert that bahth al-masail, as a
forum or mechanism through which problems in Islamic law are solved,
began as part of pesantren activities and curricula. It has developed from the
level of the pesantren to a forum for resolving national issues.94
Historically,
the incorporation of bahth al-masāil into the structure of NU took place in
1926 amidst the first congress of NU. However, its formalization as a lajna
(committee) only occurred in 1989 based on recommendations of the 28th
congress.95
From this point, the distinction between bahth al-masāil as a
92
Ali Maschan Moesa, Nasionalisme Kiai, 127. 93
Interview with Muhammad Hamim HR, Lirboyo, Kediri, East Java, 24 November 2013. 94
Achmad Kemal Riza, Continuity and Change in Islamic Law in Indonesia: The Case of
Nahdlatul Ulama Bahtsul Masail in East Java, Master Thesis, The Australian National
University, 2004, Chapter II. 95
Ahmad Zahro, Tradisi Intelektual NU, 68.
285
learning tradition and as an organized body should be clearly made. In other
words, Lajna Bahth al-Masāil (LBM) which refers to a council should not be
confused with bahth al-masāil as a general mechanism in discussing and
resolving issues on Islamic law within pesantren tradition.
This shift has impacted on fatwā-making in NU, including how NU
issues fatwā. While previously fatwā was issued by individuals, collective
fatwā-making after the institutionalisation of LBM-NU began although there
is no significant difference between them. Both are responses to questions
posed by Muslims and both employ identical methods namely relying strictly
on selective opinions or rulings from classical ulama predominantly within
the Shafii school of law.96
From an organizational point of view, Lajnah Bahth al-Masāil is a
sub-structure also known as Badan Otonom (Banom) or autonomous body
within NU which is granted with the right to manage its organizations.
Structurally, it is coordinated by the Shuri’a, the legislative body of NU and
is organised hierarchically. Problems unresolved by the lower level within the
hierarchy will be forwarded to the higher authority for resolution.97
In
general, the participants of this forum are the members of Shuri’a, NU’s
ulama who do not assume any structural position within NU, and the kiai of
pesantren. Differences in fatwā resulting from bahth al-masāil units whether
in the pesantren or NU structure would not invalidate each other.98
Basically, the bahth al-masāil plays and assumes two important functions
96
Ali Maschan Moesa, 128. 97
Ahmad Munjih Nasih, “Bahtsul Masail dan Problematikanya di Kalangan Masyarakat
Tradisional”, Al-Qānūn, Vol. 12, No. 1, Juni 2009, p. 108. 98
Interview with Muhammad Hamim HR, in Lirboyo, Kediri.
286
and responsibility: practical and ideological. Practically, it is responsible for
issuing any fatwā related to socio-religious issues, and even formulating
issues relating to matters of politics.99
In other words, the responsibility of
this forum is to deduce decisions relating to any Islamic legal issues beyond
masāil al-fiqhiyya (problems of fiqh), theology and tasawuf.100
Ideologically,
in its relation to Islam bermadzhab and taqlīd, bahth al-masāil functions to
preserve the “classical tradition of scholarship.101
” by strict adherence to
selected opinion of savants of the past within the Shafii school of law.102
Broadly speaking, there are two types of fatwā produced by LBM-NU,
namely fatwā on fiqh and non-fiqh issues. Fiqh issues can be further
classified into two: fiqih ritual (ritual laws) and fiqih sosial (laws related to
social issues). The former refers to practical guidance in man’s transcendental
relationship with God, while the latter has more to do with horizontal
dimension of society which includes social and economic dimensions of life.
The purpose of this classification is to identify the frequency of ritual and
social dimensions of LBM’s decisions. In addition, it also aims at identifying
the most suitable method in dealing with practical religious issues in
society.103
Methodologically, as the consequence of taqlīd and Islam bermadzhab
principles, LBM-NU relies on aqwāl al-mujtahidīn (the opinions of the
99
Ibid, 129. 100
Sahal Mahfudh, p. vi. 101
Achmad Kemal Riza, Continuity and Change, 2 102
Sahal Mahfudh, “Bahtsul Masail dan Istinbath Hukum NU: Sebuah Catatan Pendek” ,
Preface in Ahkamul Fuqaha’: Solusi Problematika Aktual Hukum Islam, Keputusan
Muktamar, Munas dan Konbes Nahdlatul Ulama’ (1926-2010) (Jakarta and Surabaya: Lajnah
Ta’lif wan Nasyr PB-NU and Khalista, 2011), v. 103
Ahmad Zahro, Tradisi Intelektual NU, 70.
287
mujtahid) in the forms of aqwal al-manṣūṣ (written opinions), and qawl
al-mukharraj if the problem being solved is not found in explicit utterances
of those written opinions. Sahal Mahfudh maintained that iṣtinbaṭ al-aḥkām
in NU is “not deducing legal conclusion from the original text of the Qurʼān
and Sunna, rather it is based on the principle of bermadzhab, applying
dynamically the texts produced by Muslim legal scholars (fuqahāʼ) in the
context of a specific issue being sought for legal determination.104
This method of reference is popularly known as madhhab qawlī, namely
identifying legal status of issues in Islamic law by referring to opinions of
ulama.105
This also means quoting views and opinions of Sunni ulama in
verbatim form to maintain its unity of meaning.106
Although madhhab qawlī
has long served as the standard method of legal referencing in NU, there was
methodological shift within NU when a new madhhab or method was
introduced, namely madhhab manhaji. Differing from the first method which
relies solely on the sayings (qawl) of ulama from the sunni madhhab, the new
method makes direct reference to the Qurʼān and Sunna by employing the
following procedures: a) quotes from the verses of the Qurʼān, followed by
reference to exegesis of the ulama’; b) citations of Prophetic tradition
(sunna/hadith) which also confirms the chain of transmission that qualifies
the validity of certain hadith or sunna; and c) reliance on consensus of the
ulama(ijma’). These two methods were later enriched by the principles of
ijtihād madhhabi (ijtihād based on certain school of law).107
This method is
104
Sahal Mahfudh, “Preface”, ix. 105
Muhyiddin Abdusshomad, Hujjah NU: Akidah, Amaliah, Tradisi, 48-49. 106
Aswaja an-Nahdliyah, p. 8-10. 107
Aswaja an-Nahdliyah, p. 8-10.
288
employed in response to the level of law involved (taṭbīq al-sharī’a) akin to
the process of national and/or regional legislation.108
In addition to method
of qawli, another method employed is ilḥaqy109
adopted when the qawli
method cannot be used.
The methods of qawli, ilḥaqi, and manhaji are not practiced
simultaneously. Rather, they reflect the chronological methodological shift in
NU although the formulation of these methods took place in a congress held
in Bandar Lampung in 1992. This methodological shift is an indication that
NU sees the need for more reliable and responsive methods in making fatwā.
Therefore, the methodological shift from qawli to manhaji, and from manhaji
to ijtihād madhhabi, can clearly be seen as attempts of NU to adjust its legal
doctrine and legal methods with rapid social change. In understanding such a
shift, the thesis of law as a mirror of society is particularly relevant. S Vago
believes that law is basically a reflection of “the intellectual, social, economic,
and political climate of its time.” As a reflection of all these social elements,
“law is inseparable from the interests, goals, and understandings that deeply
shape or comprise social and economic life.” More specifically, law is also a
reflection of “the particular ideas, ideals, and ideologies that are part of a
distinct ‘legal culture’ –those attributes of behaviour and attitude that make
the law of one society different from that of another.”110
On this basis, it can
be asserted that methodological shift and transformation in NU’s legal
thought reflects the impulse of change within the community of NU which is
predominantly traditionalistic. These three methods of qawli, ilhaqy and
108
Aswaja an-Nahdliyah, p. 8-10. 109
Interview with Ahmad Muhtadi Anshor, Tulungagung, East Java, 9 December 2013. 110
S. Vago, Law and Society (Upper Saddle River, NJ: New Prentice Hall, 2009), 3.
289
manhaji are applied to almost all kinds of problems that have emerged In
order to systematize its dealing with problems based on the doctrine of
aswaja, NU formulates its procedure for deducing law based on mawdhū’i
(thematic), qanūniya (applicative) and waqīi’iyya (empirical).111
Albeit bahth al-masāil in NU is traditionalistic in the sense that it is
highly dependent selective rulings within Shafiʽi madhhab based on the past,
it is claimed that this council applies principles of democracy, dynamism and
open-mindedness in law making.112
It is democratic in the sense that bahth
al-masāil will consider all opinions regardless of the status, position or age of
those who present them. Furthermore it is dynamic in the sense that fatwā
issued by LBM-NU are always in response to newly emerging problems in
Muslim society, while its open-mindedness features in the allowing for
reference to other schools of law and the employment of “agree to disagree”
principle.113
Criticisms that madhhab qawli, as one of the most preferred methods, of
bath al-masāil is stagnant, exist. However, such criticism, has been as
attacked on the basis that in many cases, NU’s ulama’ has arrived at legal
determination of certain amal (practices) without any textual reference, but
using the manhaj or method.114
Therefore, contrary to the general impression
of stagnancy of thought within NU, bahth al-masail contains dynamic
elements evident in exchanges among NU members.115
Ahmad Zahro who
studied bahth al-masāil from 1926 to 1999 also offers his critique. In his
111
Aswaja an-Nahdliyah, p. 7. 112
Sahal Mahfudh 113
Ibid, p. 6. 114
Sahal Mahfudh, “Preface”, vii. 115
Interview with A Muhtadi Anshor, Tulungagung, East Java.
290
view, the perception on the static nature of this council is not valid given
dynamic interaction of ideas between kiai and a number of NU’s younger
thinkers. Zahro also noted the willingness of NU to undergo methodological
transformation in revising its fundamental methods of Islamic legal reasoning
and law deduction in 1992.116
The dynamic of legal method developed by NU is also reflected in NU’s
position towards ijtihād.117
By far, it does not deny ijtihād but views it as
possible only by those who are qualified as mujtahid mustaqil or mujtahid
muṭlaq.118
The constraint reflected in this conviction has inevitably given
rise to the view that NU is anti-ijtihād. Moreover, the term istinbāṭ (in the
sense of deducting Islamic law directly from the Qurʼān and Sunna) is not
popularly employed in NU.119
Rather, istinbaṭ al-aḥkām is formulated as the
application of texts written by classical ulama’ to certain issues.120
However,
this view may not reflect comprehensively the real internal debate and
dynamics within NU regarding the exercise of ijtihād, as NU’s ulama are not
in total agreement on the nature, meaning and the application of ijtihād in NU.
Achmad Siddiq, a former chairman of NU legislative body (shuri’a), for
116
Ahmad Zahro, Tradisi Intelektual NU: Bahtsul Masail 1926-1999 (Yogyakarta: LKiS,
2004), 4. 117
Ijtihād is generally defined as full devotion of ability from an Islamic legal scholar in
deducting Islamic law from its detailed arguments. Other Islamic legal scholars defines the
scope of ijtihād is both in the realm of law deduction and the practical application of law. See
Muhammad Abu Zahra, Ushūl al-Fiqh (n.p.: Dar al-Fikr al-Arabi, n.d.), 379. 118
Mujtahid muthlaq or mujtahid mustaqil refers to those who have met the requirement of
being mujtahid and are able to exercise independent and individual ijtihad. Muhammad Abu
Zahra defines the requirements of mujtahid are as follows: a) deep understanding of Arabic,
b) understanding of the Qur’anic science including knowledge on the abrogation of certain
verses of the Qurʼān (ilm nāsikh wa mansūkh), c) knowledge on prophetic tradition, d)
knowledge on the consensus and the controversies among ulama’, e) knowledge on qiyās
(analogy), f) understanding the philosophy of law, g) the purity of intention and belief. See
Muhammad Abu Zahra, Ushul al-Fiqh (n.p.: Dar al-Fikr al-Arabi, n.d.), 380-389. 119
Ahmad Arifi, Fiqih “Tradisi”, 193. 120
Sahal Mahfudh, “Preface” in Ahkamul Fuqaha, ix.
291
instance, raised an interesting point regarding ijtihād and its opposition to
taqlīd. In fact, Siddiq suggested that following the system of madhhab does
not contradict ijtihād with taqlīd. Rather, it has more to do with a
combination of these two contexts in harmonious proportion.121
The exercise
of ijtihād, he argued, is not an obligation for all Muslims. In contrast, it is
also impossible that all Muslims will practice taqlīd without reference to the
opinions of certain madhhab which basically are the result of ijtihād by imam
mujtahidīn.122
Moreover, according to Mahfudh, ijtihād is “a connecting
bridge for disparities between contemporary events and context and the
period of revelation”. Therefore, the employment of ijtihād is not only
possible, but it is also a basic and urgent need for Muslims in coping with
contemporary world situation and challenges. Furthermore, the exercise of
ijtihād has been exemplified in the history of Islam, not only during the time
of the Prophet. Mahfudh concludes that ijtihād is much more needed today.123
Furthermore, it is believed that NU employs a certain type of
contemporary model of ijtihād called ijtihād jama’ī or collective legal
reasoning. As Nadirsyah Hosen explains, ijtihād has been exercised in NU in
the form ijtihād jama’i or collective ijtihād. This type of ijtihād, Hosen
concludes, can be presented as an alternative to individual ijtihād which is
almost impossible to be exercised in current situation due to complexities of
contemporary societies which requires specialties in many fields of life
including academic life. Inevitably, such situation has prevented a person to
121
Achmad Siddiq, Khitthah Nahdliyyah (Surabaya: Khalista, 2005), 56. 122
Ibid. 123
MA Sahal Mahfudh, Nuansa Fiqih Sosial (Yogyakarta: LKIS, 2007), xlv.
292
be conversant in many fields of knowledge in the same time,124
and qualify
as a mujtahid al-fardi (individual mujtahid) or mujtahid mustaqil based on
the criteria of the past.
Nevertheless, amidst facts and opinions revealing the existence of
ijtihād, NU’s ulama’, in general, reject such a claim. Not only is it generally
known that Kiai Hasyim Asy’ari, its founding father, had implicitly
acknowledged the shutting of the gate of ijtihād.125
NU’s contemprory ulama’
has also been reluctant to refer to their activities as ijtihād as a reflection of
their sense of modesty in not surpassing the authority of classical ulama’.126
Despite the fact that ijtihād has practically been employed, especially in the
recent context, dominant agencies remain ambivalent with respect to
ijtihād.127
A significant change in NU occurred in the 1980s under the leadership
of Gus Dur. Through his cultural strategy, Wahid has significantly been able
to bring NU out of marginal position politically, socially and intellectually.
Among the important steps to dynamize NU, Wahid attempted to develop and
bring to the centre and reformist orientation within NU. As general chairman
of NU, Wahid accorded trust to NU’s young generation and encouraged them
to explore new ideas and possibilities.128
From this point, some new
intellectual circles started to emerge within NU. The process sparked the
124
Historically, many Muslim scholars were jurist, doctor, philosopher, poet, at the same
time. 125
Achmad Muhibbin Zuhri, Pemikiran KH. M. Hasyim Asy’ari tentang Ahl al-Sunnah wa
al-Jamaah (Surabaya: Khalista, 2010), 169. 126
Interview with Ahmad Muhtadi Anshor, Tulungagung, East Java, 9 December 2013. 127
Interview with Ahmad Muhtadi Anshor, Tulungagung, East Java, 9 December 2013 128
Abu Mujahid, Sejarah NU Ahlus Sunnah wal Jamaah di Indonesia (Bandung: Toobagus
Group, 2013), 264.
293
emergence of critical and competing voices questioning several basic
doctrines of NU, including the fundamental doctrine of aswaja.
Fatwā
The compendium of LBM’s fatwā compiled in Ahkamul Fuqāhāʼ, during
the period of 1926-2010, reveal 456 fatwā which have been issued resulting
from various meetings such as Muktamar (congress), Musyawarah Nasional
(national meeting), and Konferensi Besar (grand conference). Other than
these, 31 fatwā under the category of masāil al-dīnīyya al-mauḍūiyya and 14
fatwa in the field of masāil al-diniyya wa al-qanūniyya have also been
pronounced.129
During the period of post-New Order Indonesia, numerous
fatwā by LBM have also emerged in response to issues raised by members of
NU. In the period of 1999 to 2010, in addition to conventional fatwā on
rituals, there are a moderate number of fatwā which encompass non-religious
issues. The fatwā issued from 1999 to 2010 are listed below:
The fatwā of Bahth al-Masāil 1999-2010
No Year Subject of Fatwa
1 1999 Determination of the beginning and end of months in the
Islamic calendar
Performing prayer together (doa bersama) with people of
other religions
Guardian (wali hakim) in marriage
Women in idda performing hajj
Fasting on the day of Arafah
Cultivation of crickets as a business
Selling caterpillars, worms, and ants for bird feeding as
business
129
Ahkamul Fuqaha, p. 746-970.
294
Paying to enter a competition
Rights to land
Non-Muslim members of parliament
Compatibility between Islam and democracy
NU’s responses to civil society groups
Ahl al-Sunna wa al-Jamaa and socio-cultural
development
Islam and gender equality
Appropriation of the state’s resources for people’s
welfare
Shari’a on the status of state funds and principles of
governance
2 2002 Stay overnight (mabit) at Muzdalifah
Performing pilgrimage for the deceased
Almsgiving for professionals
Endowment by cash
Anthrax disease
State’s debt
Punishment for corruption
Money politics and bribery
Fighting injustice resulting in death
3 2004 Bribery in admission into the civil service
Punishment for producers of drugs and psychotropic
Determination of paternity by DNA tests
Legalization of localized prostitution (lokalisasi
prostitusi)
Method of Islamic law decision-making in NU
Endowment
Education system in NU
4 2006 Officiating ceremony for non-Muslims’ houses of
worship
Use of recycling water (air mutanajjis)
The responsibility of insurance enterprise on housing
loans
Limitation period for presumption of death
Circumstantial evidence
Prized quiz (kuis berhadiah)
Translated oath
Face of operation
Television popular gossip program
Human trafficking
Fikra al-Nahdliyya (the NU’s system of thought)
Globalization, universalism and human rights in NU’s
perspective
Talfiq (combining opinions of four schools of law)
Methodology in Islamic law making
Al-Kutub al-Mu’tabara (sources of authority accepted by
295
NU)
5 2010 Electronic transaction
Profit-sharing and shari’a banking
Bugging telephone
Postponing burial
Burying Muslims and non-Muslims in a common
cemetery
Illegal fishing
Minimum age of marriage
Conditional divorce (ta’liq talaq)
The format of Bahth al-Masail’s provisions
The relevance of positive law and shari’ah
Female circumcision
This table shows the variety of issues responded to by LBM-NU which
reflects both ritual and social issues. Most fatwā on ritual issues serve as
guidance for NU members in practicing Islam and distinguish them in some
ways from other Muslim groups within Indonesia. Compared to the decade
prior to the collapse of the New Order, an important feature of fatwā in the
post New Order period is that it deals more heavily with social and political
issues. As it is impossible for this study to analyse all post New Order fatwā
and their implications, emphasis will be given to fatwā covering non-ritual
issues such as democracy, gender equality, money politics, national economy,
human rights and globalization. Analysing the mode of thinking in the
selective fatwā facilitates a better understanding of the type of religious
orientation dominant within the movement and competing ones, if any.
These fatwā selected can be classified as follows: 1) fatwā relating to
pluralistic nature of Indonesian society; 2) fatwā relating to gender relations;
3) fatwā pertaining to socio-political issues; and 4) fatwā relating to scientific
discoveries and invention.
296
Fatwā on Non-Muslim
As above table reveals , since 1999 there were three fatwā issued relating
to this topic, namely: a) fatwā on praying together (doa bersama) among
peoples of different religions and non-Muslim members of parliament; b)
fatwā on officiating non-Muslim’s house of worship issued in 2006 and c)
fatwā on burying Muslims and non-Muslims in one general cemetery
complex .
On performing praying together with people of other religions, the fatwā
stipulated that it is forbidden to conduct prayers together with people of other
religions, unless the substance of the prayer is not contradictory to sharī’a.
The conclusion derived in this fatwā is based on the opinions of classical
ulama namely Sulaiman bin Manshur al-Jamal, Sulaiman bin Muhammad
al-Bujairi, Muhammad al-Khatib al-Syirbini, and Yahya bin Syaraf
al-Nawawi. Among the arguments presented are that it is an obligation for
Moslems to prevent any kinds of evil including hearing the utterance of other
religion that Allah is one god among three gods.130
Furthermore, the fatwā also mentioned that cooperation with people of
other religions are permitted provided that the cooperation is on the level of
worldly engagements that can bring benefit for Muslims such as trade and
other positive enterprises .131
This fatwā is based on the authority of two
scholars of the past, Muhammad Nawawi bin Umar al-Bantani and Sulaiman
bin Muhammad al-Bujairamai. In the words of the former, physical
exchanges with people of other faiths is not forbidden; while the later
130
Ahkamul Fuqaha’, 559. 131
Ahkamul Fuqaha’, 561
297
suggests strongly that a compassionate feeling for non-Muslims is forbidden
and developing relationships with them is makrūh.132
The other fatwā relating to relations between Muslims and non-Muslims
relation is the status of non-Muslim members of parliament. On this issue, the
LBM-NU defines that it is forbidden for Muslims to delegate administration
of state to non-Muslims except for following reasons: a) where in the fields,
Muslims themselves are unable to perform directly or indirectly; b) Muslims
are able to perform certain tasks, but there are indications that they are
betraying the trust; and c) as long as the delegation to non-Muslims are
beneficial.133
This fatwā is based on an interpretation of the Qurʼān, Surah
al-Nisa, verse 141 which stipulates that: “Those who wait upon occasion in
regard to you and, if a victory cometh unto you from Allah, say: Are we not
with you? And if the disbelievers meet with a success say: Had we not the
mastery of you, and did we not protect you from the believers? Allah will
judge between you at the Day of Resurrection, and Allah will not give the
disbelievers any way (of success) against the believers.”
Moreover, reference is also made to the opinions of classical ulama’ such
as Ibn Hajar al-Haitami, Abdul Hamid al-Syirwani, Ibn Qasim al-Abadi,
Jalaluddin al-Mahalli, and al-Mawardi. Al-Syarwani, for example, forbids
asking for assistance from kafir, even in the situation of rebellion. Similarly,
Ibn Qasim al-Abadi maintained that seeking for assistance of kafir is
absolutely forbidden in whatever situation. However, the moderate positions
132
Ibid. 133
Ahkamul Fuqaha’, 580.
298
that allow for such help from kafir in exigent condition is also adduced.134
As for fatwā on officiating non-Muslims’ houses of worship, LBM’s
fatwā pronounces that officiating non-Muslims’ houses of worship is
basically forbidden, except for those who are compelled to do so. This fatwā
is based on the Qurʼān, Sunna, exegesis of the Qurʼān and the opinions of
ulama’. Compared to other fatwā, this fatwā is different in terms of reference
to the Qurʼān and Sunna. It is obvious from previous sections’ examination
that NU mostly adopt qawly method in dealing with Islamic legal problem.
Direct reference to the Qurʼān and Sunna in this fatwā could be seen as
implementation of revision to the method of NU’s istinbāṭ from qawly and
ilhaqy to manhaji.
The fatwā issued stipulates that “Officiating non-Muslims’ house of
worship is basically ḥaram. Even further, it can lead to kufr (disbelief) if it is
accompanied by rida. Exception can be made for a Muslim who is in an
exigent condition (mukrah) from the sharī’a perspective while he still holds
the faith.” The Qur’anic basis cited is Surah al-Maidah verse 2 which states s:
“And let not your hatred of a folk who (once) stop your going to the
inviolable place of worship seduce you to transgress; but help ye one another
unto righteousness and pious duty. Help not one another unto sin and
transgression, but keep your duty to Allah. Lo! Allah is severe in
punishment.”
Obviously, LBM’s fatwā on non-Muslims exemplifies strongly its
traditionalistic orientation. This mode of religious thought is clearly
134
Ahkamul Fuqaha’, 580-581.
299
discernible in its approach of clinging uncritically to the opinions and rulings
of religious forebearers of the past in searching for rulings pertaining to
dilemma and issues confronting contemporary Muslims living in Indonesia’s
highly diverse multicultural society. The reference to classical ulama’ is
determining source and justification for its rulings is made devoid of
attention to variation in the contexts of these societies with those of the past.
Furthermore the selective legal traditions utilised including those from hadith
and verses from the Qur’ān are extracted without analysis of specific
socio-historical contexts in which they emerged. Generally little, if any
attempts were made to discern historical specificities from universal elements
of the fundamental values and teachings of Islam in the creation of these
fatwā. Specific problems which the f classical ulama’ were addressing were
not distinguished from the current consideration underlying the concrete
issues raised. Generally, the opinions of the classical scholars on the relation
of Muslims and non-Muslims selected emerged in the context of early Islam
where warfare was dominant. Yet no attempts were made to contextualise
these sources. The mere reference to the opinions of savants of the past can
also be viewed as the tendency to glorify the authorities of the past as perfect
at the expense of the present. In this mode of thought, the views, ideas and
contributions of prominent Indonesian Muslim scholars and religious
personalities on the issue of Islam and religious pluralism and
multiculturalism as discussed in Chapter 4 are simply negated or overlooked.
Equally pertinent the fatwā as a whole reveal the lack of concern for its
effects on lives in general. It is oblivious to how selective rulings determined
300
bear upon the principles or philosophy of Islam in the concrete context of
Indonesian society. The text quoted both from the Qurʼān and classical ulama’
are applied without considering the context. The fatwā that restricts
cooperation of Muslims with people of other faiths to worldly engagements
benefitting the Muslims such as trade and other positive enterprises is a
classic instance of the problem. The potential implication of breeding
exclusive orientation amongst Muslims is obscured in this mode of thought.
Essentially it is oblivious to the extent to which it is consistent with the
fundamental values of the religion in the promotion of good deeds for
humanity as a whole. It is also pertinent to note that the fatwa is in a way, one
sided as it refrains from actively encouraging Muslims to contribute to the
promotion of all including Muslims’ welfare and well-being. The fact that it
attempts to confine Muslim-non-Muslim co-operation to worldly matters is
also another manifestation of the lack of regard for the fatwa’s implication on
society and fundamental teachings of the religion. It suggests that efforts by
Muslims to understand another’s philosophy or religion should not be
encouraged. This is clearly incongruent with the teaching that humanity has
been created in diversity so that man can learn from one another without
restriction to any particular domain. It is also at odds with the fundamental
principle in Islam that God has revealed truth to mankind as a whole and that
learning from all strengthens the community.
Fatwā Relating to Gender Issues
In 2010, LBM-NU issued a fatwā on the controversial topic of female
301
circumcision. This controversial issue is discussed with relatively detailed
explanation although the discussion tends to be one sided. In examining the
topic the fatwā deals with some related issues such as the sharī’a basis of this
practice, its benefits, its legal status and the suitable time for a woman to be
circumcised. Considering the time of its issuance, it is obvious that the fatwā
was issued amidst the controversy regarding female circumcision which
arose in many parts of the world including Indonesia.
The fatwā, however, did not clearly state LBM-NU’s standpoint on the
issues, but the provision of the fatwā raises the impression that LBM-NU
validate female circumcision. The fatwā declared that:
“ The ulama differ in their views on female circumcision. Some
opine that it is sunna, while others subscribe to the view that it is
mubaḥ. According to Imam Shafii, it is obligatory, just as
circumcision for males…Opinions which forbid female
circumcision are basically not based on dalil shar’i. They only
maintain that female circumcision imposes pain on the victim
(females).”135
The fatwā also cited a hadīth of the Prophet which states: “…Indeed,
circumcision is sunna for males; and it is makruma (noble) for females.” It
furthermore explained that the word sunna (desirable) in this context is not
the antonym of al-wājib (obligatory) as it cannot denounce that meaning
when it is used in hadīth, but it is used to distinguish between legal
provisions for males and females. The implication from this hadīth is that if
circumcision is obligatory (wājib) for men, it will become desirable (sunna)
for women.136
135
Ibid, 919. 136
Ibid, 919.
302
The tendency of LBM’s supportive attitude towards female circumcision
can also be seen from the justifications used in support of female
circumcision. They are as follows: it is based on the sharī’a, it promotes
purity (ṭahāra), cleanliness which can prevent genital-related diseases,
stabilizes sexual desire, enforces religious teachings over tradition and
prevents social and psychological consequences of not being circumcised.137
Furthermore, it is also mentioned that the suitable time for female
circumcision is on the seventh day of a baby’s birth.138
As with other LBM’s
fatwā, the basis for this fatwā is mostly derived from opinions of classical
ulama’ (aqwal al-ulamā’). Ibn Hajar al-Athqalani, Yahya bin Syaraf
al-Nawawi, Abu al-Hafidz al-Ṣawi, Zain bin Ibrahim and al-Shantiqi are
among classical ulama’ whose works are cited to legitimize the conclusion
that female circumcision is advisable.
This fatwā is another evidence of traditionalism in LBM-NU’s mode of
thinking. It relies heavily on selected religious opinions of the past and
disregards competing opinions on ground of principles. It also does not take
into consideration present discourse on the problems and potential dangers of
female circumcision prevalent in the Muslim world. Some Muslim scholars
for example have opined the view that female circumcision is not found
Islamic law, but reveals continuity with pre-Islamic customary practices of
some traditional societies.139
Furthermore, the fatwā has also been contested
by many women’s social groups even within NU. Internally, competing
137
Ibid, 918 138
Ibid, 918. 139
Husein Muhammad, Fiqih Perempuan: Refleksi Kiai atas Wacana Agama dan Gender
(Yogyakarta: LKIS, 2001), 49.
303
opinions which reject female circumcision are evident although they do not
displace the fatwā. Muzaenah Zain of Fatayat, a female youth wing of NU,
maintains that female circumcision is not stipulated both in the Qurʼān and
Sunna.140
It is also asserted that female circumcision represents unfair
treatment for women as it can create psychological trauma and physical harm
to them. It is also maintained that in more fundamental sense, female
circumcision undermines a more equal relationship between men and women.
Traditionalism is further manifested in the lack of regard for the
implications of fatwā. It is pertinent to note that while LBM-NU’s fatwā
shows a strong leaning towards legitimizing the practice of female
circumcision which has been challenged even internally as hindering gender
equality, the same organization had issued an earlier fatwā in 1999 strongly
supporting gender equality. The fatwā upheld that Islam is a religion of
justice and equality and that unequal gender relation in contemporary society
is a fact which deviates from the spirit of Islam.141
However, establishing a
more equal relationship between men and women is not easy. According to
LBM three fundamental barriers hinder this goal namely theological, cultural
(people’s perception), and political. From a theological perspective, LBM
believe that some interpretations and understanding of religious doctrines are
incompatible with the principle of gender equality. From a cultural point of
view, the domination of patriarchal culture is identified as one of the most
important factors. This cultural factor has relegated women to a subordinate
position, and has furthermore contributed to marginalise their status as
140
https://www.jurnalperempuan.org/kontroversi-sunat-perempuan.html. Accessed on 5
January 2015. 141
Ahkamul Fuqaha, 804.
304
second class members of society. The same situation also occurs in the
political domain where many political practices discriminate women. In the
context of formal political institutions, the positions of women are
marginalized.142
In order to cope with this situation, the LBM urges for continual
attempts at: a) reinterpreting some significant aspects of religious teachings;
b) critically reviewing cultural practices and understanding which tend to
discriminate women; and c) eradicating any political practices which relegate
women to subordinate positions in society. Stemming from this position,
LBM advocates for the employment of historical, sociological, and
anthropological approaches in understanding scriptural doctrines relating to
gender issues. Interpretations of Islamic doctrines in the form of fiqh which
are male-biased should be seen as a reflection of certain socio-cultural
conditions. This means that when socio-cultural situations change and the
new social system require justice in gender relations, the interpretation of the
Qurʼān and hadīth should seriously consider be revaluated based on Islamic
principles.143
Interpretation of Islamic texts relating to gender is not regarded
as merely a part of religion, but should also be seen as a result of ijtihād
which is bound by the law of relativity and greatly depend on social changes
occurred in society. The fatwā called for the urgency of interpretation of
religious doctrines which are more compatible with the principle of justice
and public good. In other words, the need to formulate a new fiqh al-nisāʼ
which speaks in defence of women rights is deemed urgent, in parallel with
142
Ibid, 804. 143
Ibid, 805.
305
the need for a just and democratic social system.144
These two fatwā on gender issues shows two different modes of thought
within LBM-NU: traditionalistic and reformist. Considering the persistence
of traditionalism amidst the emergence of competing ideas and religious
orientations in the more recent fatwā, an important question that arises is how
such contrasting modes of thought can exist within a single movement. This
divergence is an obvious indication of the challenge that competing social
groups are posing to the predominance of traditionalism within NU. The
competition of religious orientations of groups within NU is a consequence
of the open space for religious expression in the post New Order period as
well as educational diversity within NU. Many of NU’s younger generation
are no longer educated in pesantren, but they have been trained in many
modern educational systems within and beyond Indonesia. This trend has
inevitably facilitated reorientation of mode of thinking and religious ideas for
certain circles within NU.
Fatwa on Social Issues
In 1999, during the congress of Bahth al-Masāil al-Dīnīyah in Lirboyo,
Kediri, East Java, the LBM dealt with problems such as Islam’s response to
democratisation, empowerment of civil society, ahl al-sunna and the
development of culture and society, the restoration of the national economy
oriented to the interest and welfare of the people and the position of the
sharī’a on the practice of korupsi, kolusi dan nepotisme (corruption,
144
Ibid, 805-806.
306
collusion and nepotism) known by the acronym KKN.
On democracy LBM believes that democracy is an ideal system of
governance. Literally, democracy means governance of the people (al-siyāda
li al-umma) by the people. It regulates the relationship between the state and
its people on the basis of the rule of law and universal humanitarian values
such as equality, freedom and pluralism. Viewed from the principle that the
relationship between the state and people is based on social contract with the
people entitled to choose the government, it can be said that democracy is
basically compatible with Islamic teachings as Islam views governance as an
amana (mandate) and the imperative of upholding justice.145
Furthermore,
the fatwā stipulated that governance should be run appropriately by applying
the following principles: al-shūra which entails the principle of decision
making based on participation of those who are involved in public affairs
directly; equality (musāwa), a principle which views all people as equal
without discrimination based on races, religion, gender, position, and social
class; justice (al-adāla), the application of which will lead leaders of society
to take objective decisions without bias and al-ḥurriyya (freedom) by which
is meant freedom of responsible expression. In LBM-NU’s view, these
principles were practiced by the Prophet.146
As not everyone can be directly involved in the process of decision
making, the establishment of representative body such as ahl al-hall wa
al-ʽaqd is necessary. This representative body, in NU’S view, consists of
selected people who are honest, reliable, knowledgeable and communicative.
145
Ahkamul Fuqaha, 796. 146
Ibid, 797.
307
These qualifications will enable them to perform the function of voicing the
people’s aspiration that forms the basis for legislation and government. The
scope of political powers in the context of democracy should be based on the
principles which have been formulated by religion. The principles are as
follows:
a) Teachings, law and rules which have been determined based on the
provision of the Qurʼān and Sunna;
b) In matters not specified in the Qurʼān and power holders are granted the
authority to legislate provided that they follow the system of ijtihād and
valid method of law making (istinbāṭ al-ahkām).
c) In matters relating to state and society beyond rituals, decisions made and
their implementation are dependent on choice and agreement of the
people or their representatives but they should substantially refer to the
principles of religion and universal humanitarian values.147
Other than issues mentioned above, NU also responded to issues directly
bearing on governance including state’s debt, money politics, and corruption.
In 2002, in a national meeting in Jakarta, these issues were intensely
discussed. LBM defines corruption as a major betrayal (ghulūl) of the
mandate of the people.148
It strongly recommended capital punishment for
these crimes deemed major and subversive as they impair the well-being of
the state and its people.149
On money politics LBM pronounces that money
meant as a gift in order to influence or alter fair and objective decision in
147
Ahkamul Fuqaha’, 797-798. 148
Ibid, 827. 149
Ibid, 829.
308
matters of public interest is tantamount to bribery which is also a major
crime.150
In the context of the post New Order, this fatwā marks the relative
openness in which problems of governance are discussed. It clearly departs
from earlier rulings in the context of the changing political climate and
management of religion by the state. Although on the whole fatwā on social
issues including corruption are still to some extent rhetorical and not deeply
rooted in rigorous examination of its nature and social implications, they are
indeed novel. It attempts to address significant social problems confronting
Indonesian society although how these general principles can be
implemented in relation to concrete problems within Indonesian society
remain to some extent vague. On the whole, reiteration of general principles
of rules of governance based on past sources, characteristic of traditionalism,
remains dominant. In deeming corruption a major sin punishable by death
since it creates unjust enrichment and exacerbates social inequality, the fatwā
does not conceptually discern various forms and gravity of corruption which
invite serious repercussions on attempts at implementing it. Hence while the
fatwā can be said to deal with new issues in the post New Order period, the
mode of thinking underlying it is into unfettered by traditionalism.
Fatwa on Science and Technology
Attitude towards the determination of the beginning of new month in the
Islamic calendar represents one important example of LBM-NU’s attitude
150
Ibid, 830.
309
towards innovation in science and technology. In general, there are two
methods known for this purpose, namely ruʼya al-hilāl or more popularly
known as ruʼya and ḥisāb.151
The first method is based on the view that the
new month in the Islamic calendar known as hijriya, is only valid if the
crescent moon can be visibly seen by one’s bare eyes. The second, on the
other hand, is a method which is strongly based on calculation.152
According
to NU, the ruʼya al-hilāl is a practice which has been exemplified by the
Prophet and the four rightly guided caliphs and upheld by the four imams of
Islamic schools of law.153
In NU’s view ithbāt al-ʽamm (general decision) of
the beginning of new month in Islamic calendar, which only relies on ḥisāb
without the confirmation of a physical vision, is not allowed by the imam of
Islamic legal schools of law. Furthermore, the Congress of NU’s ulama’ in
1983, had clearly pronounced that it is not obligatory to follow the
determination of the beginning of Ramadan and Syawal using the ḥisāb
method. LBM also cited ulama’s views (jumhur al-salaf) to the effect that the
determination of the beginning of Ramāḍan and Shawwal can only be
ascertained by direct vision or completing thirty days of the month (bi
al-ru’ya aw itmāmi al-‘adad thalathīna yawman).154
This view according to
LBM is based on majority of the ulama of the past. In this case reference is
made to ʽAbdurrahman bin Muhammad Ba’lawi and Taqiyuddin al-Subki.
151
In general, there are three system of calendar known in the world, namely solar calendar
which takes solar movement as the basis of determination and is used for Gregorian calendar
system; lunar calendar, and luni-solar calendar. See Mutoha Arkanuddin, “Hisab-Rukyat
Awal Bulan Hijriyah”, Training Module, unpublished. 152
More comprehensive discussion on hisab will be presented in the next chapter on
Muhammadiyah. 153
Munawir Abdul Fattah, Tradisi Orang-Orang NU, 215. 154
Ahkamul Fuqaha, 386.
310
Ba’lawi argued that the month of Ramadan is not fixed. Therefore, knowing a
new month is only through sighting the crescent or completing Ramadan in
thirty days. Al-Subki opined that determination of the new month based on
ḥisāb is unacceptable as it is contradictory to the agreement (ijmā’) of
classical ulama.155
Hasyim Muzadi, the former leader of NU argues that in this issue, NU
follows three principles of ta’abuddi (obedience to God), ta’aqquli (the use
of reason), and tabi’i (ethical principle).156
Muzadi furthermore sees that the
employment of ḥisāb and ruʼyat are complimentary. This means that both
methods are used proportionally. Ḥisāb is required for valid calculation and
estimate, while ruʼya is a method by which the calculation and estimates can
be validated and verified. Other than these two methods, Muzadi maintains
that understanding of Islamic jurisprudence is obligatory in seeking a solution
when these two methods are irreconcilable. NU, in Muzadi’s view, combines
all these three elements.157
Consistent with the traits of traditionalism, LBM-NU has clearly relied
on the opinions of a selective chain of authorities of the medieval period
without ample consideration for competing views and current scientific
knowledge. This attitude is also based on perception that seeing the crescent
moon which marks the beginning of new month is a fundamental aspect of
the ritual of fasting which cannot be negated, failing which the fundamental
aspect of the religion is compromised.158
Although this interpretation is not
155
Ahkamul Fuqaha, 386 156
Rukyatul Hilal Perspektif Nahdlatul Ulama’, Republika, 26 September 2008. 157
Ibid. 158
Interview with Abdul Mughits, Yogyakarta, 21 January 2013.
311
unanimous, NU’s fatwā does not engage in debates on this issue on the basis
of principles. The lack of consideration for consistency of approach in fatwa
making is yet another manifestation of its traditionalistic trait. Abdul Mughits,
a member of Lajnah Falakiyah159
of NU in Yogyakarta for instance
acknowledges the contradictory nature of the adoption of ruʼya by NU. In his
view, based on the general categorization of NU as an organization which
does not strongly rely on scriptures, it is surprising that NU in the case of
ruʼya strongly hold on the scripturalist approach. The fatwā is also oblivious
to its repercussions on society in general as it advocates that both
Indonesian Muslims and the Indonesian government are not permitted to
follow the international ruʼya al-hilāl as Indonesia is not part of other
Muslim countries (al-balad al-wāḥid)160
. The social and practical
implications of the fatwā on intra-Muslim relations are also not given ample
consideration. The fatwā has resulted in Muslim declaring fast and id
celebrations on different days within Indonesia. In the age of planning, it
clearly impedes certainty in administration of public life.
The discussion above underlines that while traditionalism predominates
in the mode of thinking of LBM-NU’s fatwā generally, there are also signs of
internal shifts and rise of competing group thought. The predominance of
traditionalism has been observed by scholars such as Martin van Bruinessen
who maintains that most of NU’s fatwā are marked by such features as
non-innovation, rejection of ijtihād and independent reasoning with respect to
the Qurʼān and Sunna. Furthermore, Bruinessen argues that the
159
Lajnah falakiyah is a special section within the structure of NU responsible for dealing
with issues related to hisab and rukyat. 160
Ahkamul Fuqaha, 558.
312
traditionalistic tendency of NU’s fatwā lies in its over-reliance on the works
of classical ulamaʼ which hinders NU’s ulamaʼ from contextualizing those
classical formulations in dealing with contemporary problems. Similarly
Sahal Mahfudh also noted that LBM has not played a satisfactory role in the
endeavours to resolve contemporary challenges confronting Indonesian
society. The main cause for this situation, according to him is the strict
adherence to the Shafi’i school of law. Criticism to Lajnah Bahth al-Masāil is
also due to its mode of thought that strictly text bound and rejects any kinds
of alternatives not compatible with the rulings contained in the kitab kuning,
without giving guidance to create solutions which are in accordance with the
principles mentioned in the kitab.161
These arguments may be valid in describing the predominant mode of
thinking in NU’s fatwā. However, since 1992 new developments have taken
place within NU with the new formulation of change in NU’s methodology in
Islamic law making. Some signs of shift in mode of thinking in fatwā can be
discerned although as Husein Muhammad, one of prominent progressive NU
kiais had acknowledged, the change in methodology has not been fully
implemented. The signs of shifting mode of thought in NU’s orientation
cannot also be isolated from rapid social change confronting Indonesian
society particularly in the post New Order period. This shift may be confined
to certain social groups within the movement.
Imam Ghazali Said, for instance, maintains that issues which have come
161
Martin van Bruinessen, 193
313
to be dealt by Bahth al-Masāil are of a social and political nature.162
This
implies that NU has shifted from ritually-oriented to more socially and
empirically-oriented issues. I believe that on the whole, the fatwā do not give
rise to the kinds of social implications akin to MUI’s. Consistent with the
non-monolithic orientation of NU’s elite,163
some scholars such as Djohan
Effendi, Mujamil Qomar and Muhtadi Anshor have noted elements of reform
based on Islamic tradition in the thinking behind some of NU’s fatwa in the
recent decade.164
However, it can also be said that the liberalisation of thought within NU
is partial, as not all NU members easily accept the transformation. Dissention
in perspectives between lapis tua and lapis muda, terms used by Qomar, to
distinguish groups not on the basis of age but progressivity of thought, have
been noted.165
Although many observers both from NU internal circles and
outsiders view NU as witnessing great transformation in the form of
emergence of progressive thought, fear of the reawakening and domination of
conservative wing cannot be hidden. Syafiq Hasyim, for instance, maintains
that during Abdurrahman Wahid’s leadership, the conservative wing was
marginalized from mainstream discourse due the strength of his leadership,166
but consequently gained momentum thereafter. Wahid himself, as noted by
162
“Majalah Sudah Menggantikan Kitab”, Supplement the Wahid Institute XII/Tempo 24-30
September 2007, p. 13. 163
Mujamil Qomar, NU Liberal: Dari Tradisionalisme Ahlussunah ke Universalisme Islam
(Bandung: Mizan, 2002), 248-262; Djohan Effendi, Pembaruan Tanpa Membongkar Tradisi:
Wacana Keagamaan di Kalangan Generasi Muda NU Masa Kepemimpinan Gus Dur
(Jakarta: Kompas, 2010); interview with Ahmad Muhtadi Anshor. 164
Djohan Effendi, Pembaruan Tanpa Membongkar Tradisi: Wacana Keagamaan di
Kalangan Generasi Muda NU Masa Kepemimpinan Gus Dur (Jakarta: Kompas, 2010). 165
Mujamil Qomar, p. 265-266. 166
Syafiq Hasyim, “Kebangkitan Sayap Konservatif”, in Khamami Zada and A. Fawaid
Sjadzili (eds), Nahdlatul Ulama: Dinamika Ideologi dan Politik Kenegaraan (Jakarta:
Kompas, 2010), 182.
314
Hasyim, believed that the phenomenon of awakening of the conservative
wing is due to the domination of Arab universities’ alumni in the bahth
al-masāil. However, Hasyim challenges this view, as some NU members who
graduated from universities in the Arab world, to his mind are progressive
and should not be judged solely from their educational background, but their
rejection of important significant contemporary issues such as women’s
political rights and reproduction, ideas on religious reforms and the idea of
separation of state and religion.167
The factor of modern education of NU
members and its impact on the development of competing orientation within
the movement was also adduced by Djohan Effendi who believes that the
emergence of young kiai within NU are able to combine classical Islamic
intellectual heritage with critical contemporary discourse as the result of their
education. This group, according to Effendi, has the experience of critical
thinking and transfer modern learning into NU, manifested in the
interrogation of the already-established religious doctrines within NU.168
In
this context, fatwā has become the battlefield of knowledge between
conservatives and progressives within NU.
E. Conclusion
This chapter has examined the dominant religious orientation of NU and
signs of competing orientation within it in the post New Order period. How
its mode of thinking is manifested in its religious creed, and approach to
understanding Islam is discussed. Its manifestation in relation to NU’s legal
167
Ibid, p. 183. 168
Djohan Effendi, Pembaruan Tanpa Membongkar Tradisi: Wacana Keagamaan di
Kalangan Generasi Muda NU Masa Kepemimpinan Gus Dur (Jakarta: Kompas, 2010), 151.
315
methodology in deducing fatwā is also analysed. This chapter has also
analysed the function of NU’s religious orientation by focussing on a
selective group of fatwa. Essentially, fatwā analysed pertain to social
problems, inter-faith relations, gender and modern knowledge.
This chapter reveals that NU is predominantly traditionalistic in terms
of its history and its basic doctrines. Traditionalism within NU remains
prevalent given the conditioning effects of certain socio-historical factors.
These include among others, the central role of the kiai, the system and
culture of learning in traditional religious education, the strict adherence to
the preservation of classical religious works as main reference in dealing with
contemporary issues. However, within this predominantly traditionalistic
community, competing mode of thought and religious orientations are
showing signs as a result of changing socio-political condition within
Indonesian society exacerbated by the fall of Suharto’s regime as well as the
diaspora of NU members in acquiring modern education within and beyond
Indonesia.
From issues and the substance of fatwā, LBM-NU does not show any
reluctance to deal with contemporary issues. However, in developing its
epistemology of Islamic law, especially as represented by the fatwā on
contemporary issues, NU does not depart radically beyond its traditionalistic
mode of thought given its persistent reliance on the method of qawl manṣūṣ
(written text) of classical Muslim jurists especially from the Shafi’i school.
However, a shift in orientation is evident but possibly confined to specific
groups within NU which might seem to some as a contradictio in terminis.
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This is evident in NU’s fatwā on issues such as inter-religious relations,
gender and determining the new month as opposed to its stance on
democracy and social problems such as corruption. In the context of
socio-political change, all these fatwā reflect competing orientations within
NU although traditionalism remains dominant.
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