Pesantren and the freedom of thinking, journal al jami'ah final

Pesantren and the Freedom of Thinking (Study of Ma’had Aly Pesantren Sukorejo Situbondo, East Java) Oleh: Hatim Gazali & Abd. Malik∂

Abstract Although pesantren is often claimed as backward education institution, conservative in the interpretation of the Qur’an, Ma’had Aly Situbondo has proved that those claims are misleading. In this paper, I will discuss how pesantren promotes the freedom of thinking, the basic value in the interpretation of the Qur’an. As well, it indicates that the issue the close of ijtihad is significant anymore. By observing Ma’ahd Aly Situbondo I find the atmosphere of freedom of thinking showed by its curriculum, method of teaching and weekly bulletin published, Tanwirul Afkar.

Kendati pesantren kerap divonis sebagai institusi pendidikan terbelakang, konservatif in menafsirkan al-Qur’an, tetapi Ma’had Aly Situbondo telah membuktikan bahwa vonis tersebut salah alamat. Dalam paper ini, kami akan mendiskusikan bagaimana pesantren mempromosikan kebebasan berpikir, sebagai landasan utama dalam menafsirkan al-Qur’an. Demikian juga, Ma’had Aly menunjukkan bahwa isu “ijtihad telah tertutup” tidak signifikan. Melalui penelitian terhadap Ma’had Aly Situbondo, kami menemukan atmosphere perihal kebebasan berpikir sebagaimana yang telah ditunjukkan oleh kurikulumnya, metode pengajarannya dan bulletin mingguan Tanwirul Afkar.

Key Words; Ma’had Aly, Freedom of Thinking, Tanwirul Afkar, and Pesantren.

∂

Hatim Gazali is Postgraduate Student of Center for Religious and Cross Cultural Studies (CRCS) Gadjah Mada University, Yogyakarta, and Abd. Malik is Alumni of CRCS UGM Yogyakarta year 2009, both are alumni of UIN Sunan Kalijaga Yogyakarta.

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Pesantren and the Freedom of Thinking (Study of Ma’had Aly Pesantren Sukorejo Situbondo, East Java)

….. Aneh, mengapa berpikir hendak dibatasi. Apakah tuhan takut terhadap rasio yang diciptakan oleh tuhan sendiri? Saya percaya pada tuhan, tapi tuhan bukanlah daerah terlarang bagi pemikiran. Tuhan ada bukan untuk tidak dipikirkan adanya, tuhan bersifat wujud bukan kebal dari sorotan kritik. Sesungguhnya orang yang mengaku bertuhan tapi menolak berpikir bebas, berarti menghina rasionalitas eksistensinya Tuhan…. 1

Introduction Some researchers and scholars look at pesantren (Islamic boarding school) as backward education institutions in which only study classic texts of Islamic resources like kitab kuning2 ("yellow books"), and of which students wear sarung3, so pesantren for traditionalist4. Pesantren is usually leaded by a kiai (Muslim boarding school cleric) assisted by a number of his senior santri5 or other family members. The pesantren is an important part of the kiai's life, as a medium to expand his preaching and influence through his teaching. Some observers like, therefore, Martin Van Bruinessen said that pesantren is a unique educational institution that has a deep root on Indonesia tradition. As a traditional institution in which places usually in small village, pesantren, surely, has great contribution on empowering civil society6, such as helping the poor getting education, guiding religious understanding of society. 7 1

Ahmad Wahib, Pergolakan Pemikiran Muslim (Jakarta: LP3ES, 2003), p. 23 Kitab Kuning is an Islamic book of which color is yellow that usually from Middle Eastern.

Martin Van Bruinessen, "Pesantren and Kitab Kuning: Maintenance and Continuation of a Tradition of Religious Learning", in: Wolfgang Marschall (ed.), Texts from the Islands. Oral and Written Traditions of Indonesia and the Malay World (Berne: University of Berne, 1994). p. 121.

3 Sarung is dress code in Indonesia, which many santris use it.

4 The distinction between traditionalist and modernist reveal confused meaning. However, these terms has been accepted to show Nahdlatul Ulama as traditionalist and Muhammadiyah as modernist. These distinctions are based on different views about Islam. However, some modernists recently also build pesantren.

5 Santri is the students who study in Pesantren. This category differs from what Geertz’s term when he researched Muslim in Java.

6 In Indonesia, the term of Civil Society is well know—at least—as 1) Masyarakat Sipil. One of the book which uses this term is Mansour Fakih’s book Masyarakat Sipil Untuk Transformasi Sosial Pergolakan Ideologi LSM Indonesia, (Yogyakarta: Pustaka Pelajar, 1995). 2) “Masyarakat Kewargaan/Warga”. This term from AIPI (Asosiasi Ilmu Politik Indonesia, Indonesian Politics 2

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As we know, pesantren is the oldest Islamic educational institution in Indonesia. Pesantren, therefore, has great involvement within empowering Indonesians’ education. However, besides as an old institution of Islamic mission (dakwah), pesantren is also well known as a conservative institution in which freedom of thinking is limited. The basic reason for this is to save Muslim from wrong understanding on Islam that brings to infidel. Because of that, some Muslim scholars issued the close of ijtihad (qafl bab al-ijtihad).

Furthermore, the image of Pesantren nowadays is so negative. The various terrorists bombing many places in Indonesia are commonly from of Pesantren. Ali Imran, Ali Ghufron, and Amrozi, the Bali’s Bomber, are from pesantren of AlIslam, Lamongan. In addition, Abu Bakar Ba’asyir, the alleged head of Jemaah Islamiah, which is claimed as terorist organization, is lea der of Pesantren alMukmin Ngruki, Solo Central Java.8 Because of that, realizing that the majority of terrorist was pesantren's alumni, after second Bali incident on October 1, 2005, as consequently, Vice President of this country Jusuf Kalla announced that the government is planning to monitor the activities of the pesantrens. This has emerged many responses, especially from religious leader, either pro or contra about this controversial decision. Some of them think that this planning has directly indication of government's intervention to pesantrens. At the same time, some people also consider the fact of majority of terrorists who are graduated from some pesantrens. They believe that pesantren has veiled powerful to make people as terrorist.

Association). 3) ”Masyarakat Madani”.Firstly, Anwar Ibrahim—former Prime Minister of Malaysia—uses this term, and then Nurcholish Madjid (alm) disseminates this term in his article, "Menuju Masyarakat Madani" jurnal Ulumul Qur'an No. 2 VII/1996.

7 Syafi’I Anwar describes three perspective; theological, historical, and sociological perspectives.

In theological perspective, pesantren contributes pluralism and multiculturalism views such as the using of different genre of kitab kuning. In historical one, pesantren is the oldest Islamic educational institution, gives great contribution to Indonesian independence. And, in sociological one, pesantren is agent of social change. M. Syafi’i Anwar, “Uncovering the Wisdom of Pesantren for Multiculturalism" ICIP Journal – Vol 4, no. 1, June 2007, p.1-2.

8 Syarif Hidayatullah has researched about three pesantrens, al-Mukmin Ngruki, al-Islam Lamongan, Ihyaussunnah Yogyakarta, entitle “Pesantren and Religious Radicalism” presented in the seminar of Gadjah Mada University Research Cluster for GMU’s 57th Anniversarry, conducted by the office of Deputy Rector for Research and Community Service on November 28th 2006 at the court room of LPPM UGM, Yogyakarta.

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One of the reasons of bombing is interpretation to the Qur’an. The textual interpretation to the Qur’an, to some extent, brings someone to be terorist. The doctrine of jihad, for instance, often is used to ligitimate the bombing and suicide.

The meaning of jihad is holy war (al-qital). However, it has many meanings.

Terrorists and/ fundamentalista9 deny the freedom of thinking in interpretating the Qur’an. As well, pesantren al-Mukmin Ngruki denies the freedom of thingking.

Observing this kind of pesantren like pesantren al-Mukmin, denying terrorist for freedom of thingking, and the issu of the close of the ijtihad, I would like to research one of pesantren in East Java, Situbondo as an example that pesantren promotes the freedom of thinking. For specific subject, I will focus on one institution in that Pesantren, namely Ma’had Aly. When we observe the curriculum, method of teaching, its weekly bulletin, Tanwirul Afkar, we will find how this institution promotes freedom of thinking.

Pesantren; its Characteristic and Typology Nowadays, there are many pesantrens develop in Indonesia not only in Java but around this country. Pesantren doesn’t indicate only as educational institution for traditionalist10, but now modernist also builds pesantren. Some observers like Martin Van Bruinessen said that pesantren is unique educational institution that has a deep root on Indonesia tradition. For that reason, pesantren can be called as typical educational institution in Indonesia, because in some aspects pesantren are different from other traditional institution in any Islamic world. However, on the other sides, pesantren have an international orientation which makkah as central orientation.11 This consideration based on some fact that pesantren have imported many Islamic classic books from makkah and other countries in Middle East to be main source of its teaching. Moreover, those books 9

There is no single meaning of fundamentalism. Bassam Tibi state that fundamentalism is more than extrimism and terorism. Let see Bassam Tibi, The Challenge of Fundamentalism, Political Islām and The New World Disorder, terj Imron Rosyidi dkk, Ancaman Fundamentalisme, Rajutan Islām Politik dan Kekacauan Dunia Baru, (Yogyakarta: Tiara Wacana, 2000), p. xii 10 The distinction between traditionalist and modernist reveal confused meaning. However, these terms has been accepted to show Nahdlatul ulama as traditionalist and Muhammadiyah as modernist. These distinctions are based on different views about Islam.

11 Martin Van Bruinessen, Kitab Kuning, Pesantren, dan Tarekat: Tradisi-tradisi Islam di Indonesia (Bandung: Mizan, 1999), p. 21.

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called kitab kuning12 have been accepted as legitimate source of teaching in pesantren.

The main purpose of pesantren as Bruinessen explained is: "‌. the transmission of traditional Islam as laid down in scripture, i.e., classical texts of the various Islamic disciplines, together with commentaries, glosses and super commentaries on these basic texts written over the ages.

These works are collectively known, in Indonesia, as kitab kuning, "yellow books", and a name that they owe to the tinted paper on which the first Middle Eastern editions reaching Indonesia were printed."13 In pesantren, the truth of kitab kuning is regarded as absolute knowledge and untouchable; it can only be explained and commented. All truths in those kitab kuning have been accepted as final knowledge that cannot be changed in whatever context. Many efforts from latter ulama to reinterpret the tradition, but those works cannot pretend to offer more than summaries, explications or rearrangements of the same. Even radical reinterpretations of the classical texts are not acceptable.

From that reason, modernist and reformist refuse kitab kuning and prefer to interpret directly Qur'an and Hadist as main sources of Islamic knowledge.

Modernists state that the gateway is still open. On contrary, for traditionalists, gateway of interpretation is closed and they only can refer religious matter to kitab kuning. Therefore, tradition of pesantren cannot be separated with kitab kuning as important element within it.

As Islamic educational institution, pesantren have taken role in spreading and empowering Islamic society in a long history. Pesantren is usually run by a kiai assisted by a number of his senior santri or other family members. The pesantren is an important part of the kiai's life, it is a medium which he expands his preaching and influence through his teaching. Therefore, kiayi becomes central power as well as the owner of the institution.

In the pesantren system, there are several interconnected elements. The 12

The deeply observation about this subject can be read in Bruinessen's books.

Martin van Bruinessen, "Pesantren and kitab kuning: maintenance and continuation of a tradition of religious learning", in: Wolfgang Marschall (ed.), Texts from the islands. Oral and written traditions of Indonesia and the Malay world [Ethnologica Bernica, 4]. Berne: University of Berne, 1994, p. 121.

13

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first is the kiai, the main factor through whom the pesantren system is established.

He is the person who underpins the system. Secondly, there are the santris, which are the students who learn Islamic knowledge from the kiai. The third element is the pondok, a dormitory system provided by the kiai to accommodate his students.

Pondok is usually a simple form of accommodation and has few facilities. The pondok usually consists of shared rooms, which one rooms may be occupied by five to ten santris. The pesantren, therefore, comprises a complex of housing, which includes the houses of the kiai and his family, some pondok, and teaching buildings, including a mosque. The fourth element is material lesson or commonly called kitab kuning as mentioned above. By those characteristics pesantren emerged as typical education’s institution in Indonesia.

The other uniqueness of pesantren traditon is system of learning. As explored by Zamakhsyari Dhofier (1982), the pesantren usually uses a traditional system of learning. There are various techniques of teaching, but the most commonly used are bandongan and sorogan. Sorogan is a kind of religious teaching in pesantren that is conducted by either the kiai or his senior santri (ustadz). Many santri attend a mosque to listen the reading of kitab kuning conveyed by kiayi. Santri attendance does not depend on either their level of knowledge or their age. The system doesn’t recognize the stage or the hierarchy of class. Although, many pesantren recently adopt modern system with class and stage of curricula, but the oldest system is still used in some pesantren as a tradition.

Some observer said that pesantren is educational institution that is difficult to change. In some aspect, that assertion may be true because pesantren community consider kitab kuning as reliable source that cannot be changed. Santri and kiayi accept the content of kitab kuning as infallible source to reach religious knowledge that is suitable for long history. But at the same time, pesantren doesn't maintain strictly exclusive view. It can be seen for the capability of pesantren to accommodate and adopt local culture and tradition.14 Pesantren, then, can 14

For modernist this accommodation will be called as heterodox action or bid'ah. Like Muhammadiyah, reformist groups tend to purify Islam from local beliefs. On contrary pesantren

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combine Islamic thought with local knowledge. This acceptance shows its characteristic as moderate and tolerant institution. In other aspect, this accommodation learns santri to be tolerant to diversities.

According to Abasri15, there three types of Pesantren. First, traditional pesantren, pesantren which still maintains traditional values, without prominent inovation. This kind of pesantren usually still exists in villages and isolated area.

Second, post-traditional pesantren. The character of this pesantren, one hand, has adopted modern educational system, and other one still maintain some characteristic of traditional pesantren. The method of teachings in this kind of pesantren are modern, but the references still use kitab kuning. Third, modern pesantren. This kind of pesantren significantly has changed both educational systems and the structure of pesantren.

Following those typology, pesantren Salafiyah Syafii’yah Sukorejo in which Ma’had Aly has built is traditional pesantren. The term of Salafiyah refers to traditional, contrary with khalafiyah. However, observing the several institution in pesantren, this pesantren is modern, because this pesantren not only taught islamic studies but also modern sciences. This pesantren has university (IAII, Insitute Agama Islam Ibrahimy, Akademi Kelauatan), and school (from Elementary school to Senior High School) . And, the references which are used in this pesantren are not only kitab kuning but also several other references as well as other modern institutions.

Islamic View on Freedom of Thinking God reveals all religion to human being as Homo sapiens (al-hayawan alnathiq), not to animal. This is because human being has reason who can interpret to God revelation. This is the excess of human being rather than others. Holy book that was revealed many years ago in the certain context is impossible to

still maintain local culture and collaborate with Islamic teaching. This collaboration can be seen in ritual of tahlilan that illustrate the belief of Javanese people about spirit after death.

15 Abasri, “Sejarah dan Dinamika Lembaga-Lembaga Pendidikan Islam di Nusantara, Surat, Meunasah, Pesantren dan Madrasah” in Samsul Nizar (ed), Sejarah Pendidikan Islam; Menelusuri Jejak Sejarah Pendidikan Islam Era Rasulullah sampai Indonesia (Jakarta: Prenada Media Group, 2007),p. 289-290

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understand by human being without reasoning toward it. How the Qur’an can answer and solve contemporary problem, while the Qur’an did not discuss it.

Since religion (the Qur’an) came to Homo sapiens, it means that God wish His/Her verses can be read, understood and interpreted. Therefore, reason has important position in Islam. Even, Fakhruddin Al-Razi in Mafâtihul Ghaib16 stated :

.‫ ﺑﻞ ﻫﻮ ﺍﻟﺮﺳﻮﻝ ﺍﻟﺬﻱ ﻟﻮﻟﻪ ﳌﺎ ﺗﻘﺮﺭﺕ ﺭﺳﺎﻟﺔ ﺍﺣﺪ ﻣﻦ ﺍﻻ ﻧﺒﻴﺎﺀ‬,‫ﺍﻟﻌﻘﻞ ﻫﻮ ﺭﺳﻮﻝ ﺍﷲ ﺍﱃ ﺍﳋﻠﻖ‬ .‫ﻓﻜﺎﻥ ﻣﻌﻦ ﺍﻻﻳﺎﺕ ﻭﻣﺎ ﻛﻦ ﻣﻌﺬﺑﻴﻨﲔ ﺣﱴ ﻧﺒﻌﺚ ﺭﺳﻮﻝ ﺍﻟﻌﻘﻞ‬.‫ﻓﺎﻟﻌﻘﻞ ﻫﻮ ﺍﻟﺮﺳﻮﻝ ﺍﺻﻠﻲ‬ That al-Aql is God apostle to His/Her creation, if there is no reason (alAql), so rule will not be arranged. Reason is the real apostle. This statement clearly shows ho important the reason; therefore, without reason, religion is useless. It is important that this statement is interpretation of the Qur’an surah 16.36; “And certainly We raised in every nation an apostle saying: Serve Allah and shun the Shaitan. So there were some of them whom Allah guided and there were others against whom error was due; therefore travel in the land, then see what was the.end of the rejecters.

Moreover, in the methodology of Islamic jurisprudence (ushul fiqh) of Imam Malik, reason has competence to—borrowing Imam Syafi’i’s term— takhsish (make more spesific) the Qur’an (takhsish bi al-aql). In the Fashl alMaqal fiyma bayna al-Hikmah wa al-Syari’ah min al-Ittishal (p.32), Ibn Rusyd stated wa in kanat al-syari’ah nathaqat bihi, fala yakhlu dhahir al-nuthq an yakuna muwafiqan lima adda ilaihi al-burhan fihi, aw mukhalifan. Fain kana muwafiqan fala qawla hunalika. Wain kana mukhalifan, thuliba hunalika ta`wiluhu. [If someday there is doctrine contradicting with human reason, so the doctrine has to be reviewed by the method of takwil]. Therefore, all doctrines of religion must be rational and reasonable. Surely, some aspects of religion are “taken for granted” which are irrational, such as why Muslims must do sholat.

Mentioned by God, the Qur’an is the book of guideline (2:185, 6:71, 7:52, 16;89) for all creation. As a guideline, the Qur’an surely did not mention 16

Fakhruddin Al-Razi, Mafâthiul Ghaib, (Beirut: Dâr al-Fikr, 1993 juz X) p 175

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everything in detail, it only for instance that justice must be struggle, but it did not mention the model, form of justice. For detail thing, Allah utterly believes in human being to interpret it. This is can be read from the pronouncement of the Qur’an repeatedly questioning are you witless, not understand?, etc. For that reason, reason became guidance for God revelation in order to seek and determine everything specifically.

Muslims believe that God revelation stoped, while situation is always changing, uncontrolled by religion. If God revelation is intrepeted literally, so definitely it will not significant anymore. It is the duty of human being as khitab (object) of the Qur’an to contextualize the Qur’an in the contemporary society.

Detailed rules which are ordered by the Qur’an must be arranged by human being.

The mandate of human being as Khalifah (caliphate) reinforce human being as responsible one to the Qur’an, whether it is interpreted literally of which consequences is the loss of contextual meaning or contextually. If we choose the method of literal interpretation, we surely “kill” the Qur’an, because the Qur’an came in certain era (Muhammad era), meanwhile the situation and condition change. Therefore, in order to keep the meaning of the Qur’an, we have to choose contextual interpretation. By doing this interpretation, I think, the meaning of the verse inna nahnu nazzalna al-dzikra wa inna lahu lahafidhun. Using inna and nahnu indicate the involvement of human being in keeping the Qur’an.

Meanwhile, the term of lahafidzun is not only keeping the text of the Qur’an but also its meaning and significance.

One of the reasons why we have to choose the contextual interpretation is that in the interpretation to the Qur’an, the readers (human beings) have authority to interpret it. Sayyidina Ali stated that the Qur’an is not talking, but the reader soundt it (al-Qur’an bayna daffatay al-Mushhaf la yantiqu, wainnama yatakallamu bihi al-rijal). Therefore, the interpretation to the Qur’an is valid as long as following the rules of interpretation (qawaid al-tafsir) and universal values such as humanity, justice and benefit (mashlahah). Due to the freedom of thinking, there are many tafsirs which are different from one to another.

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Ma’had Aly and the Atmosphere of Freedom of Thinking Ma'had aly is one of educational institutions in Pondok Pesantren Salafiyah Syafi'iyah17 Sukorejo Situbondo that its teaching focuses on fiqh. Not all santris in the pesantren can study in this institution. Santri who want to study in this institution must conduct some exercise till they are considered qualified and reliable to study in the institution. The very strict recruitment shows that the institution tends to create professional and expert students of fiqh. For this, the institution is called "ma'had aly" or "high institution".

Ma'had Aly is established in 1989 when K.H as'ad as founder of Pondok Pesantren Salafiyah Syafi'iyah Sukorejo Situbondo and some ulama realized the lack of expert of fiqh in many pesantrens. That condition motivated K.H As'ad and the other to established one of institution concern of fiqh. Fiqh as an approach become one of unique characteristic of the institution in which students use fiqh as approach to see complexity of reality. Is it possible?

Fiqh or Islamic jurisprudence is one of the branches of Islamic science.

For long time, fiqh become a great science and dominant in Islam. It is not suprising because as Bruinessen describes that fiqh determines a concrete implication of muslim daily attitude as individual or social.18 Its study encompass all practical dimensions of Islam including how to pray well, how to fast, how to get a pilgrimage, how to trade, how to have a debt, have good attitude to the others etc. However, classic fiqh how to face other people with different religion and belief is seldom found. Classic fiqh that is used in many pesantrens only cover observance (ubudiyah) and social matters (muamalah).

Nevertheless, Ma'had Aly use fiqh as central aim and approach to face any problem in society. In some pesantren the teaching of fiqh is limited to one of 17

Salafiyah Syafi'iyah is name of the pesantren, but it is also known as pondok pesantren Sukorejo refer to name of village where it is established. The pesantren is located in Sukorejo Situbondo East Java. The founder of the pesantren was K.H Samsul Arifin, Maduraness people, who transmigrates from Madura to Situbondo. After his death, the leader of the pesanrten is conducted by his son KH As'ad Syamsul Arifin who known as one of popular ulama in Nahdlatul Ulama.

Recently, the pesantren is lead by K.H. Fawaid As'ad as third leader of pesantren. Whole data of pesantren sukorejo and Ma'had Aly in this paper is drawn from a book Pedoman Santri Baru Pesantren Salafiyah Syafi'iyah Sukorejo Situbondo (Situbondo: As-syarif Press, 1999 ) 18 Martin Van Bruinessen, Kitab Kuning, Pesantren, dan Tarekat: Tradisi-tradisi Islam di Indonesia (Bandung: Mizan, 1999), p. 112.

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ulama school or madzhab. The popular madzhad was syafi'i. Unusual, in Ma'had Aly fiqh books as references is not trapped in one of school of thought. Kitab alFiqh ala Madzahib al-Arba’ah (Fiqh of four schools of Thought) is used to broaden perspective. This acceptance actually contains clear signals of high tolerance and respect for differences that occur between the four schools of thought. For this, Ma'had Aly holds sage word of the prophet of Islam who repeatedly told us all “ikhtilaf al-a’mimah ramatun, the difference between leaders is a mercy.”

Bruinessen describes that the preference of kitab kuning or clasical text in pesantren is unchangeable. It means that for a long time pesantrens only have learnt and repeated the same texts. Bruinessen arranged systematically the reference of fiqh used in pesantren such as Taqrib, Ianah Thalibin, Fath al-Qarib, Kifayatul Akhyar, Iqna', Bajuri and others. All of those books were classic book that arranged for about 15 century ago. Of course, the coverage of those books was limited only in ubudiyah and mua'lamah and it is very little explanation about religious relationship. Because of those book are arranged and produced in long history ago, some ulama in Indonesia are trapped in literal interpretation. They use kitab kuning as the sole basic for deciding the rule and law for recent time without considering the context when those books were produced.

Unlike the description of Bruinessen, however Ma'had Aly provides some new reference and not only limited to Islamic books. In its library, there are many book related to other science, like philosophy, sociology, anthropology, and other modern science. It means that Ma'had Aly tend to seek a new ingredient in formulating Islamic law. Fiqh and combined with other science have produced rich fiqh discourse interacting with social problem that never have been found in other pesantren and classic texts. As we will see in its bulletin, Ma'had Aly expand its fiqh toward widest domain of social matters include religious relationship, gender, human right, ecology and other contemporary issues.

For such achievement of learning system, in 2002 Ma'had Aly is legalized

by Religion Ministry Affair as equal degree status with master program in university. Students who graduated from this institution get a M.HI (master

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hukum Islam or master of Islamic jurisprudence). This equality brings Ma'had Aly as modern educational institution that raise from traditional pesantren.

1. Curriculum The educational implementation of Ma’had Aly is done based on curriculum, which is arranged compatible with the program of Fiqh-Ushul Fiqh. Therefore, the core courses are comparative fiqh (worship, politics, criminal, civil, and mu’amalah), Ulumul Qur’an, Tafsir Ahkam, Ulumul Hadits and Hadits ahkam, Tarikh Tasyri’ Wa al-Qadha`, Hikmatus Tasyri’ wa Falsafatuh, the history of Madzhab-Madzhab Fiqh, Masa`il Fiqhiyyah (philosophy of Islamic law, research methodology of Islamic law, Qawa’id Fiqhiyyah I & II, Sociology of Islamic law, Muqarah Qawa’id al-Ahkam, Islamic law in Indonesia, and contemporary Islamic thinking I & II. Meanwhile, the seconder courses are; the history of Islamic civilization I & II, history of Islamic thinking I & II, the development of Modern thinking in Islam, Ahlu al-Sunnah wa al-Jama’ah, Islamic mysticism I , II & III, Islamic philosophy. In addition, the supplement cources are; thesis, the development of Islam in the Western, Sociology, Methodology of Islamic studies.

The core courses are books, which are usually read by lecturer of Ma’ad Aly or books which have to be reference (al-kutub al-muqarrarah) by the student in the writing a paper as outline in class discussion for core or seconder courses. Those books can be clasifyed depending on subject of knowledge.

First, fiqh, which cover the kitab of Tahrir Tanqih al-Lubab, Fath al-Mu’in, Mijhaj al-Thalibin, al-Muhadzdzab, I’anah al-Thalibin, Fath al-Wahhab bi Syarh Minhaj al-Thullab, al-Fiqh ‘ala al-Madzahib al-Arba’ah, Tuhfah alMuhtaj, Fiqh al-Sunnah, Bidayah al-Mujtahid, Nihayah al-Muhtaj.

Second, ushul al-Fiqh which includes the kitab of Ilmu Ushul al-Fiqh (Khallaf), Ushul al-Fiqh (Abu Zahrah), Jam’ul Jawami’, al-Mustashfa min ‘ilm al-Ushul, al-Muwafaqat fiy Ushul al-Ahkam, al-Risalah, Rawdhah alNadzir wa Jannah al-Munadhir, al-I’tisham, Ushul al-Fiqh al-Islamiy (Wahbah al-Zuhailiy), al-Mahshul fiy Ilm al-Ushul, Irsyad al-Fukhul, alIhkam fiy Ushul al-Ahkam li al-‘Amidy, al-Fikr al-Ushuliy. Third, qawa’id

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al-Fiqh, including the kitab of al-Asybah wa al-Nadhair li al-Suyuthi, alAsybah wa al-Nadha`ir li Ibni rajab al-Hanbali, al-Asybah wa al-Nadha`ir li Ibni Nujaim al-Hanifi, al-Asybah wa al-Nadha`ir li al-Subki, al-Qawa’id alFiqhiyyah li Ali Ahmad al-Nadawi, Atsar al-Ikhtilaf fiy al-Qawa’id alUshuliyyah fiy Ikhtilaf al-Fuqaha`.

Forth, ulum al-tafsir, tafsir ahkam and ulum al-Qur`an, including the kitab of Rawa’i al-Bayan, Ahkam al-Qur`an li al-Jashshash, Ahkam al-Qur`an li Ibni Arabi, al-Maraghi, al-Jami’ li Ahkam al-Qur`an, Zubdah al-Itqan, Tafsir Ibnu Katsir, al-Itqan fiy ulum al-Qur`an, Mahasin al-Takwil, Ruh al-Ma’ani fiy Tafsir al-Qur`an al-Adhim wa Sab’i al-Matsani. Fifth, Kelima, hadits and ulum al-hadits, hadits ahkam including kitab of Matn al-Bukhari, Nailu alMaram fiy Ahadits al-Ahkam, Tadrib al-Rawi, Alfiyah li al-Suyuthi, Fath alBari.

Sixth, ethict and Islamic mysticism, including the kitab of Minhaj al-‘Abidin, Ihya` ulum al-Din, al-Risalah al-Qusyairiyah, al-Luma’ li al-Sarraj, alTa’arruf li Madzhab Ahli al-Tashawwuf li al-Kalabadzi, al-Munqid min alDlalal li al-Ghazali, Fushus al-Hikam li Muhyiddin Ibnu ‘Arabi. Seventh, belief (aqidah) includes kitab of al-Ibanah ‘an ushul al-diyanah, Ushul alDin. Eighth, history (tarikh) includes the kitab of Tarikh al-Tasyri’ alIslamiy, Tarikh al-Tamaddun al-Islamiy, Itmam al-Wafa` fiy Sirah alKhulafa`, Tarikh al-Khulafa`.

Lecturers in this institution are clasifyed into four categories. First, guest lecturers which are called al-Masyayih. Those lecturers are targetted to teach in Ma’had Aly, one meeting in one semester or at least one meeting in one year. al-Masyayih are KH MA Sahal Mahfudh, Prof. KH. Alie Yafie, KH Maimun Zubair, KH Abdurrahman Wahid, Prof. DR. Quraisy Syihab, MA, KH. Muhammad Thalhah Hasan, KH DR Abdul Muhith Abdul Fattah, DR. KH. Noer Iskandar al-Barsany, M.A, KH Ma’ruf Amin, KH. Drs. Malik Madani, MA., KH. M. Tijani Jauhari, M.A. Second, montly lecturers called al-Asatidzah, who are expected to teach once in one month or at least once in three months. Al-asatidzah are KH Drs.

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Masdar Farid Mas’udi, MA., Prof. DR. Said Aqiel al-Munawwar, M.A, Prof.

DR.KH. Sa’id Aqiel Siradj, M.A, Prof. Soetandyo, KH. Drs. Nadhir Muhammad, MA., KH. Drs. Yusuf Muhammad, M.A, KH. Drs. Muhyiddin Suwondo, MA. Third, weekly (regular) lecturers. Those lecturer are expected to give lecturer once in one week or at least once in one month.

Those lecturer are including Prof. DR. Sjeich Hadi Permono, SH., KH. Abdul Muchith Muzadi, KH. Drs. Afifuddin Muhajir, MA, KH. Drs. M. Hasan Basri, L.c, KH. Dailami Ahmad, KH Abdullah Muchtar, Lc., KH Hariri Abd Adhim, KH Ma’sum Syafi’ie, KH Dhafir Jazuli, KH. Drs. Salwa Arifin, Habib Hasan Baharun, DR. Drs. Wawan Juandi, MA., Drs. H. Abu Yazid, MA, LLM, and KH. Drs. Hasyim Abbas.

Fourth, lecturer assistant or musyrif. All of lecturer assistants regularly must facilitate in the informal discussion in Ma’had Aly. Those lecturers are the best graduate of Ma’had Aly such as Ustadz Ach. Muhyiddin Chotib, Drs. Imam Nacha’ie, M.Ag, Dedy Wahyuddin, S.Ag. Observing the method of teaching in Ma’had Aly it is clear that Ma’had Aly provides several kitab kunings. By focusing on ushul fiqh, student of Ma’had Aly has capability to re-interpret the Qur’an and the hadist in order to make new rule of fiqh (ijtihad) which is compatible with current condition. In addition, the many kitab kunings which are read, the many views the students know. Therefore, the different understandings on Islam among kitab kunings bring student to select certain view or event re-interpret (contextualizing) the Qur’an through whether collective ijtihad (ijtihad jama’i) or personal ijtihad. Moreover, the lecturers of Ma’had Aly are well known as liberal and progressive promoting freedom of thinking. The regular lecturer and assistant like KH. Afifuddin Muhajir and Imam Nacha’ie are well-known as liberal thinkers.

2. Method of teaching The method of teaching in Ma’had Aly is starting from basic ability to carry out the duty of scholarship, education, guidance, and elucidation in the

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Muslim society, and its purpose is to mastery academic ability (tafaqquh diy al-din) and professional (takhashshush) in the plural society.

The methods of teaching in this institution are; 1] speech and dialogue. The lecturer gives his main thought depending on syllabus, then dialogue between student and the lecturer. 2] the method of tadris wa ta’lim. This method is used for manuscript studies. All student regularly read some pharagraps of the kitab, the the lecturer gives a meaning and explanation from the text read. 3]. Method of giving an assignment individually of collectively. It means that the student must write paper agree with some themes chosen by the lectrurer. This paper then is discussed in the class through the facilitating of lecturer. 4] method of muhadlarah ‘ammah (studium general) which is usually given by al-masyayih with certain topic.

In this muhadharah ‘ammah, it is not only followed by the student of Ma’ad Aly but also the lecturer of Institute of Islamic Studies of Ibrahimy (IAII) and regular lecturer of Ma’had Aly. Besides that, the students have extra-curricular outside the class. There are three kinds. 1] mudzakarah (mubahatsah) or discussing on Fathul Wahhab (Fiqh) and Jam’u al-Jawami’ (Ushul Fiqh). This is done three time in one week on 06.00-07.45. The mastery to those kitab kuning is requirement to be jurist (mutafaqqih). Although this is extracurricular, all students are expected to join. In the daily discussion, students are devided into two classes of which class is facilitated by assistant lecturer. 2] Discussing about fiqh on contemporary problem which is called “masa`il fiqhiyyah waqi’iyyah”. The contemporary problems relating to the fiqh sually came from outside the Pesantren, such branch of NU Situbondo, PWNU East Java, RMI (Rabithah Ma’hid Islamiyah), or even PBNU. 3] study club which is built independently by students. In the study club, students get freedom to discuss everything. At least, there two kind of study club a] Fokus Kajian Ushul Fiqh (Fokus), established in the 1998. Fokus discuss the methodology of Islamic law, also some contemporary scholars such Mahmoed Muhammad Thaha, Abdullahi Ahmed al-Na’im, Hasan

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Turabi, Jamal al-Banna. b] Pusat Studi Agama dan Filsafat (Pusfa), established in the 1998. This study club carried out discussion relating with philosophical issues either Islamic or Western. Through this study club, students are familiar with the notion of non-Muslim intellectual such as Mao, Karl Marx, Max Weber, Durkheim, Nietzhe, etc. To expand and exacerbate the discussion, this study club sometimes intives the expert from outside Pesantren.

As well, the method of teaching in Ma’had Aly in which liberates student to discuss everything show that there is no single understanding on Islam because of different interpretation. It proves that student of Ma’had Aly is promoting freedom of thinking that differs from other pesantrens which usually give thinking limitation.

3. Bulletin of Tanwirul Afkar Tanwirul Afkar is a weekly bulletin published by santri of Ma'had Aly Sukorejo that contains elaboration of fiqh interacting with religious and social problems. Every week TA presents an actual problem and proposes fiqh as an approach to resolve the problem. TA has been an evident how the pesantren can be able to pose for social problems. To know how this bulletin appreciates the reason, we can see several themes published. LKiS has published Most of those themes of bulletin, which entitles Fikih Rakyat: Pertautan Fikih dan Kekuasaan. a.

Interfaith marriage is no problem. Even though, in classical text is found the prohibition of interfaith-married, but Ma'had Aly has different interpretation. They state surely that Muslim may get married

with

non-Muslim.

They

cite

some

opinion

from

contemporary ulama like Yusuf Qardlawi who allows Muslim to make relationship with others. The prohibition of interfaith-married, for Ma'had Aly, is a product of certain history. In Muhammad era, being religion also indicates affiliation to one group. In that crucial condition, people cannot convert to other religion because it will accuse as murtad. Murtad sociologically mean a defector.

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Muhammad is in a process to build a strong community to fight against oppression in Arab. Therefore, Muhammad forbids Muslims to get married with other because it will demolish their faith. For this time, the condition is different. Muslims can get married with other without hesitation because other religions have the same goal like Islam. b.

Trying to have non-Muslim President. The most problematic of TA's edition is the theme of possibility for non-Muslim to be president. This issue is not only problematic in Islam context but also in Indonesia in which for long time has Muslim presidents. In every classical text like fiqh of Abu Ya'la al-Fara' and al-Maududi surely require Islam as an important element for candidate of leader. Yet, Ma'had Aly contends that the requirement is only for Islamic countries. Why does Islam become important requirement for a leader? It is not surprising because Islam has a holistic-integrative view in which never divide separately everything into religious and secular matters. Consequently, a leader in Islam like Muhammad holds two functions as a religious and government leader. For this consideration, the requirement is relevant in that context. However, in Indonesia the requirement must be change because Indonesia is not Islamic country. President only manage and focus on secular matters. If being Muslim becomes requirement of leader it will negate and discriminate others religion. Without hesitation, TA asserts that it is not impossible for non-Muslim to be president.

Indeed, in Islam essential requirement of a leader is ability to secure justice and lead state toward propensity.

c.

Make a peaceful relationship between Jesus and Muhammad.

The title above is metaphoric of relation between Islam and Christian. What santri Ma'had Aly wants to the title is to discuss relationship between Islam and Christian in fiqh perspective. In classic fiqh, position of other religions is still problematic. Some

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ulama consider other religion as kafir (infidel) that must be converted into Islam. In their opinion, Islam is divined as last religion that functions to complete others. Therefore, the presence of other religions was abrogated when Islam has come.

By quoting many verses of Qur'an, santri Ma'had Aly in his bulletin asserts that Islam guarantees the existence of other religions. Qur,an, verse of Al-maidah 48 states that diversity is willed by God. Every community has been sent a messenger by God. Furthermore, the santri describe that there is closer similarity between Christian and Islam in which both are derived from one tradition, Abrahamic religion; monotheistic and descendent of Adam. Islam and Christian are tied in one brother either brother of Arahamic religion or brother of humanity as descendent of Adam. Qur'an, as the bulletin expounds, in verse of al-Baqara 62 states that all of religions either Christian, or Judaism, or Zoroaster will give reward from their God. This verse implies an understanding that Islam doesn’t only appreciate the presence of other religion, but also acknowledge the truth of others. Further, in verse of al-Maidah 82, Qur'an notes that the closer friend of Islam actually is Christian (Nasara is term for Christianity in Islamic term).

In short, the bulletin concludes that relationship between Islam and Christian should be continuously maintained in tone of peaceful.

There is no reason to make them essentially different. Both of them are same either in theological or historical perspective. Such explanation never has been found in classic texts. However, sabtri Ma'had Aly doesn't only deconstruct traditional view of fiqh, but also try to arrange new invention. d.

Women can be leader. The role of women in public sphere is still problematic. For some ulama who negate the wider role of women contend that women are weaker than men in some aspect. This opinion is drawn from one popular hadist (saying of prophet that

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Muslims recognize it as second source of religion after qur'an) narrated by Imam Bukhori (one of the six popular narrator of hadist) i.e. it will not be successful for one nation that is led by a woman.

This hadist is most familiar in some ulama who reject the role of women in public domain.

Historically, in that time women are lack of access in social life because the prestigious role in that era is ability to takes in a war.

Tradition of war makes women as secondary person and inability of women in war emerge an image of women weakness in wartime. To some extent, women also cannot attain more access in social aspect.

Therefore, some classical text conceived women as weak being who are not suitable to live in public sphere.

Conversely, Ma'had Aly proposes a new perspective to see the nature of woman. Indeed, Islam is religion caring for women. The emergence of Islam deconstructs the oppressed structure toward by positing woman equally to man. However, the struggle of Islam to advocate woman is gradual action. For this reason, we are reminded that the treat of Islam to woman in certain context must be interpreted as a process to make man and woman equally.

The problematic hadist above must be understood as product of history in certain context that cannot be extended to any particular context. For recent time, there is no reason to forbid woman to be leader. In qawaida al-fiqh (formula of fiqh) "a law will change because a change of context". For this sense, a law is product of context. When context is different, it will cause differences of law.

Woman cannot be leader reflects the condition in a certain context in Arabic culture, but it is not applicable to some context like Indonesia. In short, there is no problem for woman for women to be leader.

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Some themes above illustrate that students of Ma’had Aly are brave to reinterpret and contextualize the Qur’an, Hadith and Kitab kuning. Because of this, some people sometime judge that Ma’had Aly is liberal in which Nahdlatul Ulama and Indonesia Ulama council (MUI) claim liberal as deviation of Islam. The interpretation of Ma’ahad Aly is quite different from classical text that imposes the content of text on the context. In this sense context must follow what text tell.

On contrary, Ma'had Aly changes that logic by placing context as determinant for text. For Ma'had Aly, truth is not fixed and stagnant because it always changes as far as circumstance change. This principle becomes a base for Ma'had Aly to search continuously for new truth and negotiate with contested meaning. In this sense, what we know and believe depend on context. When the context changes, the content what we believe probably changes. Therefore, we cannot fully trust what we know or believe. For this consideration, classical text is regarded as comparison not determinant to make Islamic law.

Critical Reflection After exploring this Ma’had Aly, it is important to give some notes. First, we have to recognize the complexity of problems that cannot be solved by one perspective or approach. Ushul Fiqh or Fiqh is one perspective in approaching social problem. There are numerous approaches, which are important to know by santris in order to “sound” the Islamic law in the society. The position of fiqh up to now only provides and judges halal-haram, while how to solve the social problems or phenomena is untouchable by santri. It is crucial, because the final purpose of Islamic law is not only providing judgment of halal-haram, but also problem solving. Finally, Islamic law must be oriented to problem solving which requires multi perspectives.

Second, this Ma’had Aly is well-known as liberal institution. As we see in its bulletin, the interpretation of this Ma’had Aly to the text is not literal anymore, but contextual and based on the concept of mashlahah. This kind of this interpretation

surely

differs

from

the

model

of

“terrorists”

and/or

“fundamentalists’ interpretation stressing literal meaning of the text. Therefore,

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this Ma’had Aly in some way is against terrorism. However, what I make shock is when I went to this Ma’had Aly on 2006 that I find one santri graduating from Pesantren al-Mukmin, Ngruki. He is name Imtihan. Although he studied at this Ma’had Aly, he has different understanding from most of santris. He was denying coming to grave (ziarah), and, to some extent, interpreted the text literally. The accepting of Ma’had Aly to santri having different ideology from NU causes two issues; 1] the inclusive character of this Ma’had Aly to accept santri from any ideology, including alumni of al-Mukmin Ngruki, 2] the image of this pesantren as liberal institution will shift to “fundamentalism” institution. Therefore, Ma’had Aly, I think, has to take clear position whether it becomes inclusive or fundamentalism.

Third, the problem of this Ma’had Aly is how to promote its thought to outside pesantren, because as we know the leader of pesantren is kiai who has super power. In this context, Ma’had Aly should brave not only to criticize the Qur’an but also the kiai (KH. Fawaid As’ad) in term of his thought on Islam. It is important, because the failure or the success of pesantren to promote its thought depends on the kiai.

Conclusion Observing the curriculum, the method of teaching and the bulletin of Tanwirul Afkar prove that Ma’had Aly promote freedom of thinking. The curriculum used in this pesantren enables santris to think without restraint, because the various kitab kunings read and understood will bring santris know the differences of thinking among Muslim scholar. The access to the classic and contemporary kitab kunings elucidate the development of Islamic studies which finally go out from dogmatism (taqdis al-afkar al-diniyah). Moreover, this Ma’had Aly focuses on the methodology of fiqh (ushul fiqh)—rather than its products (fiqh)—which give area to think liberally based on the local situation. In Ushul Fiqh, reason (al-aql) has special position to interpret the source of law (alQur’an, al-Hadist), contextualize and change the previous law codified by Muslim scholar. Furthermore, teachers (ustad, kiai) in this Ma’had Aly also have liberal

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understanding on Islam. Different from the activist of Liberal Muslim who has no deep root in Islamic studies, teachers precisely base their thinking on the kitab kunings which are often claimed out of date.

The various resources used in this Ma’had Aly are more powerful when the method of teaching supports in creating the atmosphere of freedom of thinking. The method of teaching emphasizing the discussion makes possible santris to understand deeper, contextualize and criticize kitab kunings. It differs from common method of teaching in several pesantren which still use bandongan and sorogan of which santri less space to ask, think and criticize, or well-known the banking system. In this Ma’had Aly, student is not blank cassette anymore that teachers’ duty is fill in it.

Due to the curriculum and method of teaching, we can see the freedom and liberal thinking in the weekly bulletin of Tanwirul Afkar. The themes of this bulletin are not out of date issues, but contemporary ones. It is important to say, because several issues in pesantren frequently confine to old-fashioned issues. By istinbath al-ahkam showed in this bulletin, this Ma’had brave enough to leave conventional laws of Muslimm scholar (imam madzhab). Therefore, this Ma’had Aly, I think, is liberal and unique which differs from other pesantrens which usually bounded reason and thinking. The last but not least, by observing this Ma’had Aly, the claim that pesantren is conservative and backward institution, to some extent, is misleading. [Wallhu ‘a’lam]

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BIBLIOGRAPY Abasri, “Sejarah dan Dinamika Lembaga-Lembaga Pendidikan Islam di Nusantara, Surat, Meunasah, Pesantren dan Madrasah” in Samsul Nizar (ed), Sejarah Pendidikan Islam; Menelusuri Jejak Sejarah Pendidikan Islam Era Rasulullah sampai Indonesia (Jakarta: Prenada Media Group, 2007) Al-Razi, Fakhruddin. Mafâthiul Ghaib, (Beirut: Dâr al-Fikr, 1993 Anwar, M. Syafi’i. “Uncovering the Wisdom of Pesantren for Multiculturalism" ICIP Journal – Vol 4, no. 1, June 2007 Bruinessen, Martin Van. "Pesantren and Kitab Kuning: Maintenance and Continuation of a Tradition of Religious Learning", in: Wolfgang Marschall (ed.), Texts from the Islands. Oral and Written Traditions of Indonesia and the Malay World (Berne: University of Berne, 1994) Bruinessen, Martin Van. Kitab Kuning, Pesantren, dan Tarekat: Tradisi-tradisi Islam di Indonesia (Bandung: Mizan, 1999) Dhofier, Zamakhsyari. Tradisi Pesantren, Study tentang Pandangan Hidup Kyai (Jakarta: LP3ES, 1982) Rusyd, Ibn. Fashl al-Maqâl fî Taqrîr Mâ Bayna al-Syari’ât wa al-Hikmat min alIttishâl aw Wujûb al-Nadhar al-`Aqli wa Hudûd al-Ta`wîl, Beirut: Markaz Dirâsah al-Wihdah al-‘Arabiyah, 1999 Tibi, Bassam. The Challenge of Fundamentalism, Political Islām and The New World Disorder, terj Imron Rosyidi dkk, Ancaman Fundamentalisme, Rajutan Islām Politik dan Kekacauan Dunia Baru, (Yogyakarta: Tiara Wacana, 2000) Tim Penulis Sejarah Pesantren, Pedoman Santri Baru Pesantren Salafiyah Syafi'iyah Sukorejo Situbondo (Situbondo: As-syarif Press, 1999 ) Tim Redaksi Santri Ma'had Aly , Fiqh Rakyat: Pertautan Fiqh dengan Kekuasaan (Yogyakarta : LKiS, 2000) Wahib, Ahmad Pergolakan Pemikiran Muslim (Jakarta: LP3ES, 2003) Wahid, Marzuki. “Ma’had Aly; Nestapa Tradisionalisme dari Tradisi Akademik yang Hilang” Journal of Istiqro Volume 04. Nomor 01. 2005.