Selasa, 24 Mei 2011

materi ushul fiqih dari syamsul anwar

FATW$, PURIFICATION AND DYNAMIZATION:
A STUDY OF TARJ^\ IN MUHAMMADIYAH
SYAMSUL ANWAR*
Abstract
I examine here contemporary ift§" practices in Muhammadiyah, Indonesia’s
leading organisation for modernist Muslims, with special attention to Majelis
Tarjih, the body charged with issuing its fatw§s since 1927. After explaining
Muhammadiyah’s ideology, and the working method of Majelis Tarjih and
the authority of its decisions, I examine and discuss several fatw§s relating to
syncretic practices in Indonesia and one fatw§ about whether a woman may
serve in a position of authority over men. I argue that the fatw§s issued by
Majelis Tarjih demonstrate how Muhammadiyah promotes a more dynamic
understanding of religion among its members and within Indonesian society
at large, an understanding that often differs from traditionalist views espoused
in classical fiqh books.
Fatw§ giving in the Islamic context is an effort to interpret
religio-legal norms in response to issues faced by community
members in their daily life. As such, fatw§s represent “the meeting
points of law and fact” (Masud et al. 1996: 3). At the same time,
they reflect the creative tension between the normative ideals of
Islam and social reality or “the tension between official religion
and the practice of religion … in daily life” (Kaptein 1997: xi).
They also disseminate criticism and correction as well as
demonstrating mechanisms of adaptation and adjustment to existing
social conditions. Finally, they form “an institutional means of
social and religious improvement” ( Jainuri 1997: 57).
The formulation of modern fatw§s differs from the pre-modern
and classical process in some respects. Whereas most fatw§s
traditionally were issued by an individual muftÊ, fatw§ giving in
Correspondence: Syamsul Anwar, Faculty of Islamic Law, Sunan Kalijaga State
Islamic University, Yogyakarta, Indonesia. syamsanw@yahoo.com
* I wish to thank Nico Kaptein for his valuable comments on the first draft
of this paper and Michael Laffan for editing the English.
28 syamsul anwar
modern times often involves a group of muftÊs and indeed institutions
as well (Mudzhar 1996: 230). Modern fatw§s are communicated
to their petitioners (mustaftÊs) not only in an immediate way and
in person, as was the case with classical fatw§s, but also by utilizing
the available media, with the result that fatw§s now reach a
wider spectrum of community members.1
One Indonesian institution that involves muftÊs collectively in
formulating its fatw§s is the semi-official Majelis Ulama Indonesia
(MUI) or Council of Indonesian Ulama. Since its foundation in
1975, MUI has issued many fatw§s on various aspects of social
life.2 In addition, it has an institutional body called the National
SharÊ#a Committee (NSC), which is specifically responsible for
the issuance of fatw§s regarding Islamic banking in Indonesia.3
A number of socio-religious associations have special divisions in
which their experts formulate fatw§s collectively. One such
association is Muhammadiyah, the subject of the present article,
which has within its organizational structure a division charged
with the task of examining religious matters in general. This
division, Majelis Tarjih dan Pengembangan Pemikiran Islam,
usually called Majelis Tarjih, issues fatw§s each fortnight on various
problems and publishes these fatw§s in its mouthpiece, Suara
Muhammadiyah. In addition, this body also issues Islamic legal
decisions representing the formal position of the organization,
which are considered binding by its members.
This essay discusses the process of formulating fatw§s in Muhammadiyah
through Majelis Tarjih and shows how its fatw§s function
as an instrument of purifying faith and dynamizing social life.
1 Such means also include radio, see Messick (1996: 310-20).
2 The fatw§s of MUI as compiled by Prodjodikoro et al. (1995) are studied
by Mudzhar (1993). See also the discussion of Nur Ichwan in this volume.
3 See its published fatw§s in Himpunan Fatwa (2001). It should be noted
that as far as Indonesian Islamic banks are concerned, fatw§s regarding their
products and operations are not under the responsibility of a Sharia Supervisory
Board established by the individual institution, as is usually the case in other
Muslim countries. For example, according to Article 20 of the Decree of the
Board of Directors of Bank Indonesia, its Sharia Supervisory Board serves
only to oversee the activities of the bank in order to keep them in line with
the principles of the SharÊ#a. In performing this function, Bank Indonesia
follows the fatw§s of MUI’s NSC, founded in 1999 with the primary task of
formulating SharÊ#a values and principles regarding Islamic banking transactions
and operations. Its membership includes Islamic legal scholars and experts
from the financial sector.
fatw§, purification and dynamization 29
First, however, it is necessary to give a short account of Muhammadiyah
and its genesis.
An Overview of Muhammadiyah
Founded by Ahmad Dahlan in Yogyakarta in 1912,4 Muhammadiyah
constitutes a movement for Islamic propagation (Ar. da#wa)
that has Islam as its basis and the Qur"§n and Sunna as its
sources.5 It is also, according to Deliar Noer, a modernist movement
that approaches these sources by means of independent rational
investigation (Ar. ijtih§d ) in order to spread Islam among the
population and to carry out social and religious reforms among
Indonesian Muslims (Noer 1973: 73; Sejarah Muhammadiyah
1993: 28; Mulkhan 1990: 3, 27). As such, this movement represents
a link in the chain of what Nakamura calls Indonesia’s “ongoing
Islamization.”6
Muhammadiyah was born in a context in which many Muslims
were questioning the prevailing socio-religious conditions and
arguing that their coreligionists had deviated from the ideals of
Islam and were imbued with elements of superstition and innovation.
Even though Islam had been present in the Indonesian
archipelago for centuries prior to the emergence of new reform
movements, it had yet to penetrate deeply into Indonesian society.
The social structure of Southeast Asian societies often compelled
Islam to coexist alongside popular customs and to sanction many
local traditions that are not fully in line with its teachings (Federspiel
2001: 12-3). While observers debate the actual extent to which
non-Islamic influences persist, it cannot be denied that Indonesians
still practice many popular customs that contain elements of
pre-Islamic traditions that are thus a target of reformist missionary
activity.7
4 For biographical information on Ahmad Dahlan (1869-1923), see Asrafie
1983; Kutoyo and Safwan n.d.; Anis 1962; and Peacock 1978: 29-42.
5 See Article 1, paragraph 2 of Muhammadiyah’s Statutes (Anggaran Dasar
Muhammadiyah 2000).
6 By “ongoing Islamization”, Nakamura (1983: 2) means “a process in
which a substantial number of Muslims regard prevailing religious situations
(including themselves) as unsatisfactory and, as a corrective measure, strive to
live up to what they conceive of as the standard of the orthodox teaching of
Islam.”
7 Fauzan Saleh (2001: 40) contends that Islam in Indonesia, especially in
30 syamsul anwar
Islam played a key role in the formation of an Indonesian
consciousness which opposed the values and interests of the Dutch.
The presence of foreigners, who, over time, became dominant
over Indonesia’s diverse array of indigenous peoples, caused many
to seize on religion in their search for a common identity. Indeed
Dutch colonial power accelerated the process of conversion to
Islam and provided additional impetus for a shift from nominal
Islam to a more substantial commitment to the faith.
By the late nineteenth century, Dutch domination in the
economic, political and, increasingly, educational spheres created
an elite class steeped in Dutch culture and often indifferent to
religion. The final crystallization of Dutch power in the form of
the Netherlands Indies and the rise of this new Dutch-allied elite
was also accompanied by a rise in the activities of Christian
missions. As Saleh observes, Muhammadiyah was primarily
concerned with issues such as “the impurity of religious life, the
inefficiency of religious education, the activities of Christian
missionaries, and indifference and even an anti-religious attitude
on the part of the Indonesian intelligentsia” (Saleh 2001: 3).
Muhammadiyah’s approach to reform and its concern with
ijtih§d is linked to the teachings of the Egyptian modernist
MuÈammad #Abduh, whose writings were communicated through
the centuries-old channel linking the Indonesian archipelago and
the Middle East. As a result of this relationship, many people
from the Middle East had come to Southeast Asia as traders and
preachers. Meanwhile, increasing numbers of Southeast Asians
made the journey to the Holy Sanctuaries for the Èajj and to
study.
Ahmad Dahlan was a participant in this exchange. He visited
Mecca twice, first in 1890—staying for several years as a student—
and again in 1903, living in the Holy City for about eighteen
months. One of his mentors in Mecca was the Minangkabauborn
Ahmad Khatib,8 famous for his criticism of local customs
Java, historically has been unable to efface traditions that pre-date Islam. On
the question of the pre-Islamic substratum in Indonesia, see also Mark
Woodward’s criticism of Clifford Geertz for accepting the earlier Dutch view
that Islam in Indonesia, especially in Java, was, at least prior to the rise of
modernism, a thin veneer of symbols attached to a solid core of animistic or
Hindu-Buddhist meaning (Woodward 1989: 82).
8 On Ahmad Khatib and his network of students in Mecca, see Nazwar
(1983).
fatw§, purification and dynamization 31
in his homeland of West Sumatra. And although Khatib was not
enamoured of #Abduh’s modern approach, it was he who gave
Dahlan the opportunity to read and appreciate #Abduh’s writings,
such as his Ris§lat al-tawÈÊd, al-Isl§m wa’l-naßr§niyya, and TafsÊr juz"
#§mma. It is also reported that Dahlan later took a great interest
in #Abduh’s exegesis, completed by Ri•§, the TafsÊr al-Man§r
( Jainuri 1997: 33-4).
Much like the program of #Abduh, the religious views of
Muhammadiyah are based on the principle of “return to the
Qur"§n and the Sunna of the Prophet.” This means that it is
necessary to reshape religious understandings to bring them into
line with their original purity, as expounded in the Qur"§n and
Sunna. The slogan is always emphasised by Muhammadiyah
leaders. For example, at the forty-first Muhammadiyah Conference,
Ahmad Azhar Basyir (later chairman of Majelis Tarjih [1985-
1990] and of Muhammadiyah [1990-1995]) asserted that from
the outset this movement has been keen to summon Muslims to
return to, and live in accordance with, the Qur"§n and Sunna.
This, he continued, is accomplished by purifying faith from
associationism (Ar. shirk, i.e. associating other gods with All§h)
and superstitions (Ar. khur§f§t),9 as well as by cleansing ritual
observances (Ar. #ib§d§t) of innovations (Ar. bida#) widely practiced
by Muslims (Basyir 1985: 1).
The implication of such a view is that the spirit of ijtih§d must
be revived and that, by the same token, taqlÊd, the uncritical
following of an authority, regarded as a source of conservatism
and stagnation, must be abandoned (Nakamura 1979: 13). It is
also the aim of this movement not to be tied to any one school
of Islamic law (Ar. madhhab). Every Muslim, when practicing his
or her religion, should take religious teachings directly from the
Qur"§n and Sunna. Those who cannot do this, for lack of
education, should practice ittib§#, i.e. following an opinion while
fully understanding its underlying grounds in the Qur"§n and
Sunna. The difference between ittib§# and taqlÊd is that taqlÊd
means “following an opinion in religious matters without knowing
its source or basis” (Pasha and Darban 2000: 202), whereas ittib§#
involves active acceptance of an opinion by understanding its
9 According to the Ensiklopedi Islam (III: 58-9), khur§f§t generally means
fabulous stories or something that does not stand up to reason.
32 syamsul anwar
arguments from the primary sources. For this reason, members
of Muhammadiyah often claim that they have no madhhab affiliation.
However, this does not mean that Muhammadiyah ignores
the opinions of the different schools of Islamic law. Such opinions
are indeed important and very useful, but they function as
comparative materials to be taken into consideration in comprehending
the Qur"§n and Sunna (Rahman 1985: 5-54). In this
connection, A.R. Fakhruddin, a former chairman of Muhammadiyah
(1968-90), emphasized that the only source of truth
and righteousness is the Qur"§n and \adÊth. If the doctrines of
the madhhabs do not comply with these two sources, they must be
avoided, but if they do comply with them, they must be followed
(Fakhruddin 1984: 17-8).
As an Islamic da#wa movement with a modernist outlook,
Muhammadiyah has an ongoing mission to carry out social and
religious reforms among the Muslim community in Indonesia.
This mission is nicely encapsulated in two key-words, “purification”
and “dynamization,” as in the title of a book recently published
by Majelis Tarjih, Pengembangan Pemikiran Keislaman Muhammadiyah:
Purifikasi dan Dinamisasi (Muhammadiyah’s Development of Islamic Thought:
Purification and Dynamization).10 The focus on purification is evident
in the attention given to aspects of belief and ritual observances.
In these fields, Muhammadiyah stresses the pristine character of
Islamic belief and holds the opinion that Muslims should be
completely free from superstitions and unwarranted innovation.
Sociologically, Muhammadiyah interprets Islamic teachings in a
dynamic manner so as to advocate social reforms and, at the
same time, facilitate adaptation to modern life. This forms the
spirit of the Muhammadiyah movement and yields dynamization,
as seen through the social programs of this organization connected
to education, health care and community development (Nakamura
1979: 13). Muhammadiyah contends that involvement in social
projects is an expression of genuine religious commitment as
emphasized in the Qur"§n (107:1-7). It should also be noted
that, since its establishment, Muhammadiyah has not involved
itself directly in political activities.
Muhammadiyah developed rapidly. Within the lifetime of its
founder, it had branches throughout Java, and by 1930 it had
10 See Azhar and Ilyas 2000. This book includes a number of papers
presented at a seminar held by Majelis Tarjih on 22-23 June 1996.
fatw§, purification and dynamization 33
spread to the larger islands of Indonesia, including Sumatra,
Kalimantan and Sulawesi (Sejarah Muhammadiyah 1993: 68;
Kutoyo and Safwan n.d.: 60). At present, it is represented in all
corners of Indonesia and it has founded 34 general hospitals, 77
clinics and polyclinics, 95 maternity hospitals, four dispensaries,
137 maternal and paediatric health centres, 166 orphanages, 34
family planning units, 102 community development centres, and
3,126 family-care centres (Muhammadiyah 2000: 17). It also
runs 117 institutions of higher learning (including universities,
academies, and polytechnics) and thousands of elementary and
secondary schools (Muhammadiyah 2000: 15). In this respect,
Muhammadiyah is the largest socio-religious movement in Indonesia.
Majelis Tarjih and its Fatw§s
Muhammadiyah’s use of the word tarjÊÈ has changed over the
course of its development. In its early period, and in accordance
with its usage in the principles of law (Ar. ußål al-fiqh), tarjÊÈ
conveyed the meaning of examining the various opinions of Muslim
jurists on a certain question and evaluating them in order to
determine which is most faithful to the original SharÊ#a sources.
Over the course of time this usage gradually came to include
any intellectual endeavour used to study new cases that had not
been addressed by earlier jurists. In short, tarjÊÈ is identical, or
almost identical, to ijtih§d.
The success of Muhammadiyah in its missionary activities and
in the development of its programs in the social and religious
spheres spurred its leaders to undertake more difficult tasks. In
the first decades of its development, the tasks of studying religious
matters, issuing fatw§s, and implementing social and educational
programs, were all carried out directly by the leadership. However,
as a result of the growth of its activities and the broadening of
its organizational network, the leadership was less able to control
and synchronize the implementation of its programs in accordance
with the underlying principles of the movement. This condition
required a division of labor. Hence in response to a recommendation
made by K.H. Mas Mansur,11 it was decided at
11 Mas Mansur (1898-1946) was born in Surabaya, East Java. He went to
34 syamsul anwar
Muhammadiyah’s sixteenth congress in 1927 to establish a tarjÊÈ
council to deal with religious matters and to provide direction
for its movement. The name of the council was changed slightly
after its inception, as a reflection of the emphasis on the tasks it
bore in a given period.12 Since 1995, this body has been called
the Council of Tarjih and the Development of Islamic Thought.13
Majelis Tarjih maintains a centralized and hierarchical branch
structure and undertakes tasks in line with Muhammadiyah’s
orientation as a reformist movement. It is therefore directed to
the examination of Islamic teachings; providing guidance in matters
of belief, ethics, ritual observances and social relations; issuing
fatw§s either on request or on its own initiative; constructively
directing controversies on religious matters; improving the general
quality of religious scholarship; and handling other matters
determined by the board of Muhammadiyah.14
One of the responsibilities of Majelis Tarjih is to formulate the
ideological bases of the Muhammadiyah movement. Acting as
an interpreter of alternative ideological frames of reference, the
Council may announce that its dictums can serve as a philosophical
justification for the programs and goals of the movement. Muhammadiyah’s
religious views are flexible and its ideological elements
can be modified in accordance with the dynamics of progress
and change. This is the basic framework within which Majelis
Tarjih deals with the reevaluation and reformulation of its outlook
to ensure a continuous evolution (Jainuri 1997: 100).
Majelis Tarjih has central, regional, and district boards. However,
each board has only a structural relationship with the board of
Muhammadiyah at its commensurate level. Thus Majelis Tarjih
of the Central Board (Pimpinan Pusat) is responsible to the Central
Board of Muhammadiyah, while a regional tarjÊÈ council answers
Mecca in 1912 and later studied at al-Azhar, Cairo. In 1928 he was appointed
the first chairman of MajelisTarjih. He also served as chairman of Muhammadiyah
from 1937 to 1943. See Ensiklopedi Islam (1993: 157-60); Ensiklopedi
Nasional Indonesia (1990: X, 148); and Kutoyo (1977). His writings are reprinted
and edited in Hamzah (1986).
12 See Boeah Congres 23 (1938: 11). Majelis Tarjih was officially founded in
1928, based on a decision of 1927.
13 The organization was called Majelis Tarjih upon its establishment, but
Muhammadiyah altered the name to “Tarjih Commission” (Lajnah Tarjih) in
its 1971 Constitution, and it was subsequently redesignated as Majelis Tarjih.
14 See Article 4 of the Statutes of Majelis Tarjih; and Rahman (1985: 23).
fatw§, purification and dynamization 35
to the regional board to which it belongs. There is no structural
chain of command linking Majelis Tarjih at the central level to
a regional or district council. The relationship between them is
solely one of functionality and coordination. This structure affects
the level of authority of Islamic legal decisions; decisions that
emanate from a lower tarjÊÈ have less authority and cannot
contradict a decision issued by a higher one. Furthermore
Muhammadiyah, through the Majelis Tarjih of the Central Board,
produces two kinds of Islamic legal pronouncements of differing
value. Resolutions adopted at a Tarjih Conference held by Majelis
Tarjih are called keputusan tarjih (tarjÊÈ decisions).15
A conference held by the Majelis Tarjih of the Central Board
is called a National Tarjih Conference. This is attended by male
and female #ulam§" and intellectuals (including staff of Majelis
Tarjih) who have the proven capacity to excercise tarjÊÈ in the
sense that their knowledge of the sources enables them to carry
out ijtih§d. It is also attended by invited #ulam§" and scholars from
outside Muhammadiyah.16 The decisions of such a national
conference become the formal stand of the organization as a
whole. It is important to note that the decisions are not brought
directly to the public; rather they first must be submitted to the
Central Board in order to be officially promulgated (ditanfidz).
Formally speaking, these decisions are binding on Muhammadiyah
as an institution as well as on its individual members. In practice,
however, members exercise their right not to be bound absolutely
to a certain decision if they have reached a different opinion as
a result of ijtih§d on the same issue.17
15 Some of these decisions are compiled in the Himpunan Putusan Tarjih
Muhammadiyah (n.d.), while others are still in draft form. Note that tarjÊÈ decisions
made in a “regional” or a “district” tarjÊÈ conference are called regional or
district decisions, respectively, and can be enforced only in the province or
district that issued them.
16 The Majelis Tarjih staff includes women and there is a female section
within the Central Board devoted to issues affecting women and family affairs.
Women are actively involved in every Majelis Tarjih Conference, and the
council also invites female #ulam§" from other organizations to participate in
its conferences. For example in the twenty-sixth National Conference of 2003,
Prof. Chuzaimah Y. Tahido, a graduate of al-Azhar and member of MUI,
was invited as a keynote speaker.
17 In recent years, and as a result of the widening of the Majelis Tarjih’s
mission, Tarjih decisions not only cover traditional fiqh matters, but also
touch upon aspects of current issues, including political and economic ethics,
36 syamsul anwar
Majelis Tarjih also issues fatw§s.18 Unlike the keputusan, a fatw§
is not produced by a formal mechanism of the organization such
as a Tarjih Conference. Rather, it is issued by Majelis Tarjih in
response to questions posed by members of the community. Such
questions may have been sent to the editors of Suara Muhammadiyah
or directly to the Council. Council staff then make copies of the
questions, file the originals in its records and pass on one or
more questions to members entrusted with the task of preparing
draft fatw§s to be discussed at a scheduled time. Usually informal
meetings for discussing the draft fatw§s are held in rotation at
the homes of members or at a restaurant. At the scheduled time
the participants discuss the relevant fatw§, making any necessary
changes before sending the final fatw§ to the editors of Suara
Muhammadiyah for publication. The fatw§ may also be delivered
directly to the questioner if need be. Unlike the keputusan, the
fatw§ is binding neither on Muhammadiyah as an organization
nor on the questioner or other members of Muhammadiyah.
However, in practice it serves as a guide for members of Muhammadiyah,
as evinced by the fact that fatw§ collections are often
reprinted.19
The authoritative value of decisions produced by the Tarjih
Conference and of fatw§s issued by Majelis Tarjih is determined
by the quality of the arguments and SharÊ#a evidence on which
they are based and by the faithfulness to Islamic law of the
methodological procedures followed (cf. Arkoun 1988: 63). The
more tarjÊÈ decisions and fatw§s are based on the Qur"§n and
\adÊth, the stronger their authoritative value. Conversely, a legal
decision or a fatw§ for which there is no basis in these two
sources, and which is based merely on a saying of a religious
scholar, will be considered as lacking authority. This reflects the
basic principle of Muhammadiyah, i.e., “a return to the Qur"§n
pornography, corporate and professional alms tax, HIV, combating drug
abuse, human rights in an Islamic perspective, the strategy of the reform
movement, the development of Islamic thought, and labour relations.
18 These are compiled in the collection Tanya-Jawab Agama (1992-1997).
There are still many fatw§s in press. Note that the task of fatw§ giving is
assigned officially only to the Majelis Tarjih of the Central Board of Muhammadiyah.
19 Nadirsyah Hosen (2002: 237), who has recently written on Muhammadiyah’s
method of issuing fatw§s, appears to be unaware of the difference
between tarjÊÈ decisions and fatw§s.
fatw§, purification and dynamization 37
and the Sunna of the Prophet.” Scholars and muftÊs have only
derivative authority, which means that their ijtih§d and fatw§s are
authoritative only if predicated upon the Qur"§n and \adÊth.
They must therefore fulfill the prerequisites of ijtih§d stipulated
in ußål al-fiqh, which includes a mastery of Arabic, the Qur"§n,
\adÊth and other branches of Islamic knowledge, in addition to
“secular” science. Fulfilment of these conditions guarantees the
authoritative value of the resulting interpretation.
But the authority of the instrument itself is also decisive. Thus
a Majelis Tarjih decision binds individual members and the
organization at large, and becomes the formal position of Muhammadiyah,
while a fatw§ issued by the Council does not. The
reason for this is that the former is a product of a process that
involves competent scholars and people in a formal conference
forum, while the latter does not. Furthermore, a Majelis Tarjih
decision does not automatically lose its authoritative value when
new arguments contrary to it are discovered, unless a decision
abrogating the earlier decision is taken in an equally formal
procedure through a Tarjih resolution.
The emergence of institutional authority is connected to the
cumulative process through which the authority of Majelis Tarjih
came to be accepted. However, in the course of its history, some
Muhammadiyah members came to believe that only Tarjih legal
decisions were valid or represented sound religious interpretation;
as a result, they were sceptical towards any interpretations that
had not been assessed by the Council.
In 1936, fearing that this situation might lead to too doctrinaire
an attitude among Muhammadiyah members, the Central Board
issued its “explanation of tarjÊÈ.” According to this explanation,
tarjÊÈ is employed to avoid conflicts in Muhammadiyah that might
be caused by differences of opinion in understanding religion. A
Majelis Tarjih decision, the explanation adds, is not made in
order to contest other opinions, that is, it does not seek to challenge
or denounce opinions that Majelis Tarjih does not accept. Rather,
Majelis Tarjih was created to strengthen unity by identifying the
opinion that is closest to Qur"§n and Sunna. Therefore, prevailing
opinions are accepted, on the condition that support for them
can be found in the Qur"§n and \adÊth and regardless of whether
or not they have been evaluated by the Council. The function
of Majelis Tarjih, then, is simply to explicate matters of controversy
38 syamsul anwar
and to seek a solution (Penerangan 1936: 145; Boeah Congres
26 n.d.: 31; Anwar 2000: 34). Furthermore, Majelis Tarjih does
not want to establish itself as the sole bearer of the right to
interpret religion and it is fully aware of the possibility of forming
erroneous conclusions. Therefore, it “eagerly invites all #ulam§"
to be willing to evaluate Majelis Tarjih decisions to find out the
weakness of its arguments …, for the evaluation is made only on
the basis of our understanding and ability at that time” (Penerangan
1936: 145).
Because the authority of the Tarjih Council’s fatw§s is determined
by the quality of their arguments and the evidence supporting
them, readers of Suara Muhammadiyah often adopt critical attitudes
to them. Frequently a fatw§ issued by Majelis Tarjih in response
to a reader’s question is debated by other readers of Suara
Muhammadiyah or is called into question. The Council then
reevaluates the fatw§ and issues a more comprehensive elucidation.
Indeed, the Council appreciates feedback and acknowledges when
the argument of one of its fatw§s is weaker than that of its readers.
There is yet another kind of tarjÊÈ product called wacana tarjih
(tarjÊÈ discourse). Although this discourse is not mentioned explicitly
in the statutes of Majelis Tarjih, it is carried out by the Council
informally, based on paragraph a of Article 4 of those statutes,
which states that the main tasks of the Council include “intensifying
the study and investigation of the Islamic teachings in the
framework of realizing tajdÊd (renewal) and anticipating social
development.” In contrast to a keputusan and a fatw§, both of
which constitute a formal opinion, the former binding and the
latter persuasive, wacana tarjih represents ideas, thought, or opinions
concerning contemporary issues adduced and brought to the
fore by the Council. This third kind of tarjÊÈ resolution is aimed
at making Majelis Tarjih more dynamic and developing Islamic
thought in Muhammadiyah circles in order to be able to anticipate
and deal with various contemporary issues. The existence of the
discourse is a logical consequence of the addition in 1995 of the
words “the Development of Islamic Thought” to the name of
Majlis Tarjih, which reflects the broadening of the Council’s
mission.
In this connection, in 2000 the Council produced a controversial
book entitled A Thematic Exegesis of the Qur"§n on Inter-religious Social
Relations (Majelis Tarjih dan Pengembangan Pemikiran Islam PP
fatw§, purification and dynamization 39
Muhammadiyah 2000). This work—prepared by the board of
Majelis Tarjih and then discussed at the twenty-fourth National
Tarjih Conference of early 2000—interprets thematically a number
of Qur"§nic verses closely connected to central issues in interfaith
relations, including pluralism, cooperation among adherents of
different religions, and the Qur"§nic view of ahl al-kit§b. As a
non-binding resolution, wacana tarjih is open to discussion and
may even be rejected. In any case, however, the Council hopes
that by producing such a discourse it will broaden the horizons
of its readers and elicit valuable ideas from them to be used in
solving problems faced by the community.
Some Fatw§s of Majelis Tarjih
I shall now discuss some examples of Majelis Tarjih fatw§s in
order to show how they play a role within the framework of
Muhammadiyah’s endeavours to dynamize the socio-religious
life of Indonesian Muslims. The fatw§s presented here are chosen
from a four-volume collection entitled Tanya-Jawab Agama (Questions
and Answers on Religious Matters). This collection treats
a wide range of problems faced by questioners, from aspects of
belief and morality to commercial transactions and social relations,
although the vast majority are devoted to ritual matters. The
spheres of social relations and commercial matters include marriage,
the family, women’s issues, inheritance, trade and the
economy, endowments, health, art and customs, and inter-religious
relationships.
Although the fatw§s were issued in Yogyakarta, the questioners
represent Indonesian society at large, including the westernmost
province of Aceh and West Papua in the East. Several questions
emanated from East Timor before its secession in 1999, as well
as from isolated islands like Bawean, situated in the Java Sea
between Java and Kalimantan. The questioners are either individuals,
groups, institutions (such as a regional tarjÊÈ councils),
Muhammadiyah branches, or its “autonomous organizations.”20
Although the editors did not always disclose the background of
the questioners, there can be no doubt that they come from
20 The Muhammadiyah movement oversees many so-called ‘autonomous
organizations’ such as Aisyiyah, Nasyiatul Aisyiyah, Ikatan Remaja Muhammadiyah,
and Ikatan Mahasiswa Muhammadiyah.
40 syamsul anwar
different social strata, including university graduates, scholars,
teachers, public figures, youth leaders, students and ordinary
people.
The function of a fatw§ as a tool for religious purification and
dynamization can be discerned from some fatw§s included in
Questions and Answers on Religious Matters. For instance, one fatw§
was issued in response to the question of a woman from Kalimantan
who asked whether (1) giving offerings to big trees (any tall tree
can become an object of veneration), (2) making a vow to go to
a grave after recovery from illness, or (3) asking for treatment
from a traditional healer (dukun) constitutes associationism (Tanya-
Jawab Agama: IV, 285).
This question reflects practices that are typical of certain parts
of Indonesian society. The resultant fatw§ issued by Majelis Tarjih
refers to economic and religious considerations. It declares that
giving offerings to big trees is economically vain and therefore a
“wasteful act” (Ar. tabdhÊr) that is religiously prohibited. Thus
giving offerings to big trees is unlawful. If the act of giving offerings
to big trees is based on the belief that the trees have certain
powers, then it is indeed considered shirk. As for vowing to go to
a tomb after recovery from illness, the fatw§ states that this practice
constitutes shirk if the maker of the vow believes that a grave (or
the saint buried in it) has the magical power to heal. Qur"§n and
\adÊth provide sufficient precedent to show that Muslims may
visit a grave in order to remember death, but not to ask for a
blessing (Tanya-Jawab Agama: IV, 285).
On the subject of seeking a cure from a dukun, the fatw§ declares
that traditional dukuns treat a patient by massaging his or her
muscles and nerves, while asking God to cure the patient. Such
practices alone do not lead to shirk. The same holds for a healer
who uses the efficacious ingredients of medicinal herbs without
believing that these substances have inherent magical powers;
this too does not lead to associationism. However if the dukun
uses such ingredients as offerings to an unseen magical power,
then this constitutes an act leading to shirk and it is therefore
religiously prohibited (Tanya-Jawab Agama: IV, 286).
This fatw§ manifests a desire to purify religion from superstition.
At the same time it tries to inculcate rational thinking, as can be
seen in the economic consideration of prohibiting votive offerings
to trees. It also develops a rational understanding of the practice
of massage and traditional medicine.
fatw§, purification and dynamization 41
The linking of purification, rationalism and public benefit may
also be seen in a fatw§ regarding the practice of burying a buffalo’s
head in the foundation of a new building. The fatw§ admonishes
this action as a vain deed and squandering of wealth. This fatw§
also reflects Muhammadiyah ideology, which orients adherence
to Islam and genuine religious commitment to involvement in
social responsibility and concrete works for the community. This
idea is confirmed in a Muhammadiyah publication which emphasizes
that in the teachings of Islam, “wealth, rather than
being wasted for useless extravagance and redundant vanity,
should be spent for what has more concrete social benefits, such
as constructing a school, a mosque, a hospital, an orphanage,
and the like” (Pasha and Yusuf 1975: 10).
Another fatw§ found in the collection discusses both the mitoni
ritual, a thanksgiving ceremony for the seventh month of pregnancy,
and the tahlilan, a commemorative celebration held three,
seven and forty days after the death of a person (Tanya-Jawab
Agama: II, 196-7). The fatw§ declares that there is no basis for
these practices in \adÊth. On the contrary, one finds a tradition
reported on the authority of #$"isha, that the Prophet said,
“Whoever performs a practice (Ar. #amal) that does not accord
with our decree will be refused” (Ar. man #amila #amalan laysa
#alayhi amrun§ fa-huwa raddun).21 Therefore, the fatw§ continues,
Muhammadiyah does not practice these celebrations. Other fatw§s
discuss delivering gifts to a dead person in order to gain favour
and protection (Tanya-Jawab Agama: II, 197-201). Such acts are
also rejected on that grounds that they have no foundation in
Qur"§n and \adÊth.
A very different fatw§ itself played a role as a tool for social
dynamization (Tanya-Jawab Agama: IV: 240). The question arose
when the government forbade a private hospital to appoint as its
director a physician who was also a government official. For this
reason, the Muhammadiyah hospital in Surakarta had to find a
new director. Among the candidates, only one, a woman, was
qualified. When the hospital management informed her that they
wanted to appoint her, she refused, arguing that there is a ÈadÊth
21 The text is in al-Bukh§rÊ (1345/1926 IX: 132), Kit§b al-i#tiߧm bi’l-kit§b
wa’l-sunna, B§b 20; and Muslim 1955: III, 1343-4.
22 The ÈadÊth in question is reported by al-Bukh§rÊ on the authority of Abå
42 syamsul anwar
banning women from positions of leadership.22 The hospital
forwarded this case to the Tarjih Council of the Surakarta Regional
Board, asking for a fatw§. The Surakarta Council found it difficult
to answer, because the above-mentioned ÈadÊth is indeed “authentic”
(Ar. ßaÈÊÈ). The Council chairman therefore passed the
matter along to the Council of Tarjih of the Central Board in
Yogyakarta. As usual, one of the Council members was asked to
prepare a draft fatw§. Then, at a later meeting, the draft was
discussed by staff members and the proposed arguments were
scrutinized. Shortly after reaching an agreement, the members
formulated the final fatw§, and the draft was sent to Suara
Muhammadiyah, as well as to the Council of Tarjih of the Surakarta
Regional Board.
The essence of the fatw§ issued by Majelis Tarjih is that a
woman may be appointed as a director of hospital. The fatw§
refers specifically to a Majelis Tarjih decision in the Muhammadiyah
publication Adabul Marah fil Islam (1982: 52) which declares
that religion does not bar a woman from serving as a judge,23
school headmistress, director of a firm, sub-district head, village
chief, minister, mayor, and so forth. The fatw§ then cites and
discusses three texts commonly used as arguments against the
leadership of a woman. These include the Qur"§nic passage (4:34),
“Men are the managers of the affairs of women,” the abovementioned
ÈadÊth, and another stating that “men will be unlucky
when they obey women.”24 According to the fatw§, this latter
ÈadÊth is “weak” (Ar. •a#Êf ) because its chain of transmission (Ar.
isn§d) includes an unreliable transmitter (Ar. r§wÊ) named Bakk§r
b. #Abd al-#AzÊz.
As for the Qur"§nic text, the fatw§ attempts to limit the scope
of the passage to include only marital relationships, not social
Bakra, who said, “When a report came to the Prophet that the people of
Persia made Kisr§’s daughter queen over them, he [viz., the Prophet] said,
“People shall not be victorious if they put a woman in charge of their affairs”
(Ar. lan yufliÈa qawmun wallaw amrahum imra"atan). Al-Bukh§rÊ 1345/1926: VI:
10, B§b kit§b al-nabÊ il§ Kisr§ wa Qaysar. For commentary on this ÈadÊth see al-
#Asqall§nÊ 1954: IX, 192.
23In Indonesia it is not considered strange or counter to the SharÊ#a for a
woman to serve as a judge (or q§•Ê). At present many female judges serve on
various Indonesian courts, including the Religious Courts, which are responsible
for the settlement of Muslim family disputes.
24 The last ÈadÊth is cited in AÈmad ibn \anbal 1993: V, 61, no. 20403.
fatw§, purification and dynamization 43
relations in general. The passage therefore does not bar a woman
from serving as a leader. The basis for this restrictive interpretation
is “the occasion for the revelation” (Ar. sabab al-nuzål) of the
verse, which indicates that it was revealed to the Prophet in
connection with a marital dispute between Sa#d b. al-RabÊ# and
his wife. As for Abå Bakra’s ÈadÊth, the fatw§ urges that it should
be understood from the perspective of its spirit, not its letter, by
investigating its underlying ratio legis (Ar. #illa). Relying on historical
information, the fatw§ argues that the reason behind this Prophetic
maxim is that the condition of women at the time of the Prophet
made it impossible for them to assume social responsibilities due
to their lack of knowledge and experience in public affairs. Most
of them were sequestered in their houses. At present, however,
women have the same access to education as men do, and they
share the same experience and knowledge with men in social life
and public affairs. It is therefore lawful for them to be involved
outside the home and to be a leader of a community. This, the
fatw§ continues, is in line with a passage in the Qur"§n which
reads, “And whoever does a righteous deed, be it male or female,
believing, We shall assuredly give him to live a goodly life; and
We shall recompense them their wage, according to the best of
what they did” (Q. 16:97).25 Here the fatw§ suggests that undertaking
a social responsibility is an opportunity to do righteousness
from which, according to the verse, neither a male nor a female
should be dissuaded. To the contrary, a man or woman has the
same right to perform it. Here the fatw§ argues that this is also
in compliance with the Islamic legal maxim that “the effectiveness
of a legal rule depends on the existence or non-existence of its
ratio legis” (Ar. al-Èukm yadåru ma#a #illatihi wujådan wa #adaman).
This fatw§ reflects Muhammadiyah’s attempt to promote a
more dynamic understanding of religion and to distance itself
from the view held by the classical #ulam§" and by a substantial
number of contemporary Muslim religious scholars that a woman
cannot be put in charge of public affairs.
25 The translation of the two verses is quoted from A. J. Arberry ‘s The
Koran Interpreted: Arberry (1964: 77 and 269).
44 syamsul anwar
Concluding Remarks
Fatw§ giving in Muhammadiyah forms but a part of the activities
of Majelis Tarjih. At present tarjÊÈ not only entails the activity of
evaluating the prevailing opinions of Muslim jurists, but also
encompasses all intellectual endeavours to struggle with new
problems whose Islamic legal status has not yet been determined
in works of fiqh. Muhammadiyah fatw§s formulated by Majelis
Tarjih thus promote the reformist ideology of the movement
which aims to purify faith and dynamize social life. This is achieved
by issuing fatw§s that promote a more rational worldview and
attitude toward human life, thereby inculcating a spirit of rationalism
in the questioners and readers, and in Indonesian society
at large.

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