Rekan Sulistiono,
Apa pendapat anda tentang artikel di bawah ini? apa fenomena yang bisa kita 
simpulkan tentang fatwa MUI saat ini ? Apakah keuntungan dan kerugian adanya 
fatwa MUI baru-baru ini?

Kita membutuhkan pendapat anda, dan analisis anda tentang masa depan politik di 
negara kita? anda boleh tidak sependapat dengan tulisan di bawah tentunya. 
Terpenting adalah opini anda, bukan forwardan tulisan dari seorang PHD 
sekalipun. Terimakasih.

Iming




________________________________
From: Sulistiono Kertawacana <[email protected]>
To: AKHI <[email protected]>
Sent: Friday, February 13, 2009 1:47:38 PM
Subject: [AKHI] Conservatism and politics of fatwa


Conservatism and politics of fatwa
http://www.thejakartapost.com/news/2009/02/13/conservatism-and-politics-fatwa.html
M. Syafi'i Anwar ,  JAKARTA   |  Fri, 02/13/2009 10:21 AM  |  Opinion 
The Indonesian Ulema Council’s (MUI) edicts on smoking, yoga and vote 
abstention have been challenged by many Muslim scholars and leaders, human 
rights activists and even some local ulema. 
As The Jakarta Post reported, most of them pointed out the edicts are out of 
date, pointless and counterproductive for the interests of the nation. 
Moreover, MUI’s edict (fatwa) on vote abstention is seen as enforcing people’s 
political behavior by using religious justification. This is considered to be 
against the spirit of human rights and democracy. 
Endy M. Bayuni rightly argued that no one, not even the MUI, has the right to 
force or intimidate people into voting for fear that they will earn God’s wrath 
(The Jakarta Post, Jan. 1, 2009). Therefore, it is understandable that even 
Vice President Jusuf Kalla recently also criticized the edict on vote 
abstention as “extreme” and “not proper” for Indonesian Muslims.    

In general, those edicts also demonstrate the MUI’s involvement in practical 
politics, which is definitely in contradiction with its mission as a religious 
body. It is important to note that Islam does not recognize the concept of 
priesthood. Unlike church hierarchy (especially in the Catholic Church), there 
is no authority, however eminent, that can claim sole right to enunciate any 
binding opinion for all Muslims. In Islam, a fatwa is a legal opinion issued by 
an individual or group of ulema who are recognized for their expertise in 
Islamic law. Muslims are allowed to accept or reject a fatwa depending on their 
religious thought and rational choice. 

Regarding the above-mentioned MUI edicts, some crucial factors need to be taken 
into consideration. 

First, the edicts show the failure of the MUI in bridging religious teaching 
and modernity. Issuing a fatwa is not a simple task. 

Khaled Abu Fadl, professor of Islamic Law at UCLA, California, pointed out that 
in Islamic jurisprudence (fiqh al Islam), anyone or group of ulema who issue 
edicts must be bound by a heightened level of scrutiny and by the obligation of 
utmost diligence. 

Second, it is crucial to note that there are many requirements to issuing 
fatwas in the contemporary world. It requires the ulema to have the ability to 
bridge Islamic legal tradition with modernity. Consequently, it needs more than 
just knowledge of Islamic law. 

Issuing edicts needs not only a highly qualified understanding of Islamic law, 
but also an accommodation with the spirit of modernity combined with a modern 
scientific approach and profound research methodology. The MUI should consider 
this advice in issuing edicts to improve its image and credibility.     

Furthermore, the edicts basically represent the growing influence of religious 
conservatism in this country, particularly of those who are riding “the 
politics of fatwa”.  

The edict on yoga, for instance, is not simply based on suspicion toward the 
Hindu ritual in this healthy physical and spiritual exercise. This is not only 
related to religious conservatism per se, but also to the exclusive and 
intolerant attitudes toward other religions. 

We are reminded that the MUI had issued an edict to ban pluralism, secularism, 
and liberalism in July 2005. In terms of pluralism, it is believed that the 
spirit behind this edict was based on books, articles and reports provided by 
conservative ulema and certain militant activists who had joined the MUI board 
in the last four years. 

Indeed, the MUI is currently chaired by moderate and highly respected ulema 
such as Sahal Mahfudz. However, he is too old and has limited ability to 
control the political maneuvers of those conservative ulema and militant 
activists, who often politicize fatwa for the sake of their own 
religiopolitical interests. 

In so doing, they engage and build networks with many Islamic organizations, 
particularly for mobilizing mass support, carrying out street demonstrations 
and demanding the government accept their political agenda. The Ahmadiyah case 
has shown how the MUI was able to pressure the government to accommodate its 
fatwa and then issue a joint ministerial decree to freeze Ahmadiyah activities. 

In fact, MUI itself recognizes the growing influence of its political power. A 
study by the International Crisis Group last year shows that the growing 
political influence of MUI was particularly due to the support of militant 
groups.  

Politics of fatwa might benefit political actors, including the government, 
conservative ulema and political parties. It’s compulsory for civil society 
movements, rights activists, moderate Muslims and the media to keep a serious 
eye on MUI’s “fatwa” in years ahead. 


The writer is the executive director of the International Center for Islam and 
Pluralism (ICIP). He obtained his PhD in history and political sociology from 
the University of Melbourne, Australia in 2005. 
-- 
Kind regards,
Sulistiono Kertawacana
http://sulistionokertawacana.blogspot.com/





      

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