FATWA IN INDONESIA: AN ANALYSIS OF DOMINANT LEGAL IDEAS AND MODES OF THOUGHT OF FATWA

Transcription

1 FATWA IN INDONESIA: AN ANALYSIS OF DOMINANT LEGAL IDEAS AND MODES OF THOUGHT OF FATWA-MAKING AGENCIES AND THEIR IMPLICATIONS IN THE POST-NEW ORDER PERIOD PRADANA BOY ZULIAN NATIONAL UNIVERSITY OF SINGAPORE 2015

2 FATWA IN INDONESIA: AN ANALYSIS OF DOMINANT LEGAL IDEAS AND MODES OF THOUGHT OF FATWA-MAKING AGENCIES AND THEIR IMPLICATIONS IN THE POST-NEW ORDER PERIOD PRADANA BOY ZULIAN (S.Ag, [UMM], M.A.,[ANU]) A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF MALAY STUDIES NATIONAL UNIVERSITY OF SINGAPORE 2015 ii

3 DECLARATION I hereby declare that the thesis is my original work and it has written by me in its entirety. I have duly acknowledged all the sources of information which have been used in the thesis. This thesis has also not been submitted for any degree in any university previously Pradana Boy Zulian 23 January 2015 iii

4 ACKNOWLEDGEMENT This thesis is a result of a long struggle and sacrifice. Many people and parties have contributed to its completion. First and foremost, I would like to offer my thanks and gratitude to my supervisor Associate Professor Noor Aisha Abdul Rahman, Head of Department of Malay Studies, for her thorough supervision. She has helped me a lot in shaping the focus of this thesis and guided me to sociological concepts in understanding religious thought and dynamics. I also thank National University of Singapore (NUS) for providing me with a Research Scholarship for my Ph.D studies. It is by this scholarship that my study at NUS became possible. I would like also extend my gratitude to all lecturers at the Department of Malay Studies who have shared their knowledge and expertise during my studies at NUS: Associate Professor Syed Farid Alatas, Associate Professor Maznah Mohammad, Associate Professor Syed Khoiruddin Aljuneid, Dr. Suriani Suratman, and Dr Sher Banu. Special thanks is due to Dr Azhar Ibrahim, who is not only a lecturer at the department, but also a partner in knowledge. His brotherly friendship has been very important to me during my studies at NUS. I have also to record my thanks to the administrative staff at the Department of Malay Studies, Kak Rasmidah dan Kak Dahlia, for their assistance pertaining many technical matters of my studies. I also would like to thank Professor Muhadjir Effendy, rector of Muhammadiyah University of Malang, Indonesia, for his support and permission for me to pursue my Ph.D studies. My colleagues at Faculty of Islamic Studies, Muhammadiyah University of Malang, Indonesia, have iv

5 also been helpful in many ways to the completion of my studies. Lastly, my family is the most affected by my studies. Many thanks to my wife Lailatul Fithriyah Azzakiyah for her patience, understanding and support; and all my children (Bintan, Kavih and Izka) who have often passed their family time without me, as I have to spend unlimited hours devoted to my studies. I also thank my parents and parents-in-law for their doa. v

6 vi

7 TABLE OF CONTENT Declaration Acknowledgement Table of Contents Summary Notes on Transliteration i ii v ix xiii Chapter I : Introduction 1 A. Background 1 B. Mode of Thought 12 - Traditionalism 14 - Revivalism 23 - Reformism 29 C. Significance of the Study 36 D. Methodology 41 E. Thesis Structure 46 Chapter II : Fatwā in Islamic Legal Theory and Indonesian Legal System A. Introduction 51 B. Fatwā in Islamic Legal Theory 57 C. Fatwā and the Indonesian Legal System 72 D. Conclusion 93 Chapter III : Majelis Ulama Indonesia and Fatwā on Pluralism A. Introduction 95 vii

8 B. Plurality of Islam and Religious Pluralism 96 in Indonesia C. MUI s Fatwā on Religious Pluralism 107 D. Conclusion 129 Chapter IV : The Progressive Groups Response A. Introduction 131 B. Competing Religious Ideas and 139 Orientation C. On Diversity and Tolerance The Problem of Semantic Confusion Challenging the Religious 148 Authoritarians - Progressives and Social Harmony In Defense of Freedom of Thought 154 D. Competing Ideas and Mode of Thinking 157 on Liberalism E. Progressives on Secularism in Indonesia 169 Chapter V : The Fatwā on Sectarianism and Its Social Implications: The Case of Ahmadiyah And Shi a A. Introduction 177 B. Ahmadiyah and its Genesis in Indonesia 179 C. Fatwā on Ahmadiyah 188 D. Shi a in Indonesia 195 E. Fatwā on Shi a 204 viii

9 F. Characteristics of the Mode of Thinking 215 and Implications of Fatwā G. Violence: The Case of Ahmadiyah 229 H. Violence Against the Shi a 240 I. Closing 251 Chapter VI : Fatwā of Bahth al-masail Nahdlatul Ulama A. Introduction 253 B. NU and the Preservation of Traditionalism 256 C. Factors Conditioning Traditionalism The Aswaja Doctrine Attitude towards Tradition and 267 Mysticism - Taqlid and Islam Bermazhab 269 D. Lajnah Bahth al-masāil and Its Fatwā 281 E. Conclusion 314 Chapter VII : The Fatwā of Majelis Tarjih Muhammadiyah A. Introduction 317 B. The Foundation 319 C. Muhammadiyah s Mode of Thought Muhammadiyah as Puritan Muhammadiyah as Reform Movement Competing Orientation 337 D. The Majelis Tarjih 341 E. Fatwa and Social Changes in 353 ix

10 Muhammadiyah F. Conclusion 374 Chapter VIII : Conclusion 377 Bibliography 389 Appendices 439 x

11 SUMMARY Pradana Boy Zulian (2015). Fatwā in Indonesia: An Analysis of Dominant Legal Ideas and Modes of Thought of Fatwā-Making Agencies and their Implications in the Post-New Order Period. Doctor of Philosophy, Department of Malay Studies, Faculty of Arts and Social Sciences, National University of Singapore (NUS). Supervisor: Assoc Prof. Noor Aisha Abdul Rahman. Keywords: Fatwā, Mode of Thought, Majelis Ulama Indonesia, Majelis Tarjih, Bahth al-masail, Islamic legal thought This thesis seeks to examine fatwā in the post-new Order period in Indonesia issued by three major fatwā-making agencies namely Majelis Ulama Indonesia (MUI), Lajnah Bahth al-masāil Nahdlatul Ulama (NU) and Majelis Tarjih Muhammadiyah. These agencies are highly influential in shaping religious thought and life of Muslims in Indonesia and are generally characterised by specific religious orientations within Indonesian Islam. MUI, a quasi-state religious body representing all the major Islamic organizations in the country is widely known for its traditionalistic/conservative religious orientation. Muhammadiyah, on the other hand, is popularly perceived as a modernist Islamic movement, while NU is generally viewed as an example of an Islamic movement with traditionalist leanings. While numerous fatwā have emerged during the period of this study, this thesis focuses only on those that bear strong xi

12 repercussions on intra community relations and the development of Indonesian Muslims, more generally. The major ones include fatwā pertaining to sectarianism, pluralism, secularism and liberalism. In addition, fatwā involving rituals which bear strong repercussions on the lives of Muslims as well as those relating to socio-economic issues confronting the community will also be examined. While some of these fatwā may not be novel as similar ones have been passed prior to the period of this study, specific social and political conditions for their genesis in the post-suharto period will be analysed. Apart from the genesis of the fatwā, this thesis also seeks to examine how fatwā propounded are conditioned by specific religious orientations of dominant social groups within these agencies and their implications on the well-being of Indonesia s plural society. Critical appraisal of existing characterization of religious leanings of these agencies will be undertaken through analysing the fatwā propounded. The overriding aim is to analyse the extent to which fatwā issued by these agencies serve as an effective instrument in responding to rapid social changes occurring within Indonesian Muslim society and the well being of Indonesia s plural society. This thesis reveals that political and social changes within the context of post-suharto Indonesia have conditioned both shifts as well as reinforcement of specific modes of religious thought of the selected fatwā-making agencies. In the case of MUI, it is argued that its fatwā relating to sectarianism, deviance and pluralism issued by the Central Board and its provinces reinforce distinct traits of xii

13 traditionalism/conservatism as well as elements of utopian religious orientation. Although all these fatwā are justified by the relevant agencies as imperative in safeguarding the purity of faith of the Indonesian umma, they have invariably transcended the realm of faith and bear serious adverse repercussions on the lives and well-being of Muslims in Indonesia. The fatwā on these issues cannot be isolated from tensions, conflict and violence targeted at segments of the community deemed deviant. In the same manner, analysis of Bahth al-masāil NU s fatwā on ritual as well as non-ritual issues, affirms that in the midst of rapid social change confronting Muslim society in the post-suharto Indonesia, NU is maintaining its strong characteristic of traditionalism. However, while this mode of thinking is predominant in its fatwā, contemporary elements within NU is also manifesting competing mode of thought which challenge the dominant style of thought within the movement. Some fatwā on social issues such as democracy and gender relations for instance illustrate to some extent, the emergence of non-traditionalistic religious orientation within NU. This thesis also reveals that In contrast to the general perception of Muhammadiyah as a reformist Islamic movement, fatwā of Majelis Tarjih which covers rituals as well as socio-economic issues, reveals mixed modes of religious thought and orientations within Muhammadiyah. The fatwā by Majelis Tarjih bear strong inclinations of revivalism as well as traditionalism. As with the case of NU, this thesis argues that these styles of thoughts characterizing the movement have been reinforced by specific socio-historical and political factors after the fall of Suharto. The xiii

14 implications of these modes of thinking on fatwa and their ramifications in bridging intra-community relations and facilitating the development of the community as a whole is critically appraised. This thesis also touches on the importance of developing alternative progressive mode of religious thought that is conducive to the well-being of Muslims within Indonesia s plural society. Methodologically, this research employs some insights from the sociology of knowledge in discussing the genesis and modes of thought conditioning the fatwā being studied. The data used for this research is derived from variety of sources. The most important is the compendium of fatwā from three fatwā-making agencies. For the purpose of data enrichment, fieldwork is also employed consisting of interviews and discussions with selected respondents from these agencies as well as scholars and activists in various parts of Indonesia who are strongly engaged in the subject matter of this study. xiv

15 NOTES ON TRANSLITERATION For Arabic transliterations I follow International Journal of Middle East Studies (IJEMS) System. The word fatwā in Arabic is singular with fatawā as plural form. However, in this thesis, I used word fatwā for both singular and plural forms to avoid confusion. xv