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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result, evaluating NU as merely traditionalist Muslim community is no longer valid, as is the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.