MUI, Fatwas, and Kopi Luwak...

Each passing day further highlights the fact that the Indonesian Ulema Council (MUI) has way too much time on its hands. Unfortunately, rather than doing something useful like marshalling their considerable resources and self-confessed moral authority to rid Indonesia of poverty, they instead focus their considerable energies on really useful world-changing matters such as the prohibition of drinking kopi luwak.

Kopi luwak is the world's most expensive coffee. What makes this coffee so unique, and apparently worth up to USD 600 a kilo is that the coffee beans are eaten by the civet and then passed through their intestinal tract and excreted in their feces. Then the feces are collected, the beans washed, and the coffee ground. All pretty simple really.

It is likely that there are many people who would turn up their nose at the prospect of paying top dollar for a recycled coffee bean, particularly so for a coffee bean recycled in this way. Yet, there are those who believe that kopi luwak is one of the world's great coffees, exquisite, and so worthy of the high price tag. Then there are others, probably not to be classed as connoisseurs of the little black beans, who think it to be just another cup of coffee, no better or no worse than you might get from a McDonalds McCafe.

Funnily enough, the Indonesian president, Susilo Bambang Yudhoyono (SBY) decided that it was exquisite enough to give a bag to Kevin Rudd (former Australian Prime Minister) when Rudd visited Indonesia. That led to the inevitable, and somewhat lame jokes, of "crappacino" and "dung diplomacy".

However, when one thinks about it, it was pretty prophetic of the Indonesian president because it was not all that far into the future after that the then Australian PM found himself in a world of crap and was deposed as PM by his deputy.

The interest from the MUI (and according to the MUI, the NU) stems from concerns that kopi luwak is najis. Najis means ritually unclean, and unclean foods are forbidden in Islam. There is no doubting that najis exists in Islam and there are very specific provisions in place relating to things that are najis. It remains to be seen as to whether kopi luwak is one of those things.

However, no matter what the outcome, it remains a truism that there are so many far more important and pressing matters facing Indonesia and Indonesians that the MUI would be better served thinking about those and directing their collective energies to the successful resolution of those problems first before worrying about the najis or lack of najis-ness of kopi luwak.

Ho hum...

NU Making Sense...

In contrast to the Indonesia Ulema Council (MUI) the Nahdlatul Ulama (NU) makes much better use of common sense when it comes to the relationships between mosque and state. The NU also makes considerably more sense all of the time in contrast to the Islam Defenders' Front (FPI).

It is coming up to that time of year where Muslims begin the fasting month of Ramadan. In essence, Muslims are required to abstain from food and other pleasures during the daylight hours. Generally, in Indonesia, Ramadan also includes restrictions on trading hours for entertainment venues. Some venues are required to close down for the month. Those that do not close down open for shorter periods, and if they serve alcohol then this is done in plastic cups or coffee mugs, anything but bottles.

The Chairperson of the NU, Said Aqil Siradj, has instructed all members of the NU to 'cease and desist' in conducting raids and sweepings of places that open legitimately or who open in breach of the regulations / ordinances governing entertainment venues. Simply, he said something along the lines of, 'it is not out job to enforce the law. It is the job of law enforcement, if their enforcement is weak then we should encourage them to do better.'

Siradj then went onto encourage NU members to follow the lead of the Prophet who was focused on establishing a civilised state. And, the idea of sweepings and other raids on entertainment venues was tantamount to the NU taken matters into their own hands and creating a state within a state because they would be making their own rules.

It is still true that Indonesia is a secular state. And, even though the majority of citizens are Muslim, it must be noted that not all are. The question is one of respect and tolerance. Respect and tolerance are a two way street. You do not get respect because you demand it, you get respect because you earn it.

I would add that he has a number of good points there. It is time that people let law enforcement do the job they are supposed to. It is also time that the people held law enforcement accountable when they failed to do the job that they are tasked to do. However, demanding accountability does not include vigilante justice and taking matters of law and order into your own hands.

Despite the plea of the NU to show restraint, it is almost certain that the FPI will be out at some point during the month conducting raids and sweepings of entertainment venues, and generally terrorising innocent citizens going about their lives.

On a side note, I have always wondered about the wisdom of shutting down entertainment venues. From an economic standpoint, those people who work in them are in effect unemployed for a month. It is not a common practice for these individuals to be drawing a wage when they are not working. The trickle down effects of this must be significant.

The other side note is a simple question, "why force entertainment venues to close during Ramadan?" Muslims know and understand the tenets of their religion. They know what the rules are with respect to Ramadan, particularly what they can and cannot do and when they can and cannot do it. Are entertainment venues closed because they are against Islamic law? Or are they closed because Muslims need a little extra help to avoid temptation? Or are they closed to satisfy some perceived ideal that this is what the community at large wants the government to do?

Anyways, hopefully the members of NU will take heed of the call and focus on the obligations they have with respect to themselves of the month of Ramadan and let law enforcement and God take care of the rest!

(I am serious with the last little bit about God taking care of the rest. If one truly does believe in an all-powerful God, then it would make sense for us not to pre-judge the deity and act in the deity's name against others. For if the deity knows best then they will certainly "take care" of those that please and displease him / her)

Compulsory and Optional Voting -- Indonesia

This has appeared previously on en.hukumonline.com - here.

Optional and compulsory voting is always an issue that draws a great deal of commentary. However, when in a country such as Indonesia where voting in a general election is optional, the issuance of a fatwa by the Indonesian Ulema Council (Majelis Ulema Indonesia / MUI) is certain to ratchet up the rate in which commentators express their views, particularly when the fatwa states that not to vote is haram or prohibited where there are qualified Muslim candidates standing.

Indonesia has traditionally had a sizable number of individuals who choose not to exercise their democratic rights and vote. This group is referred to as the Golongan Putih or Golput group. They are in essence a group that abstains from voting. Whether this is an expression of dissatisfaction with the quality of the candidates being offered or a lack of interest is irrelevant. However, some have suggested that it is likely that somewhere around 40%, if not more, of registered voters will not exercise their right to vote in the 2009 elections.

The Muslim community seems split on whether Islam considers the expression of democratic freedom through a decision not to vote is haram. Abdurraham Wahid, who is affectionately known as Gus Dur and who is a former President of Indonesia and an influential figure in Nahdlatul Ulama (Indonesia’s largest Muslim organization), has been active in campaigning for people to take golput seriously.

On the other hand, the Prosperous Justice Party’s (PKS), Hidayat Nur Wahid, explicitly stated that golput is prohibited under Islam and has pro-actively campaigned for the MUI to issue the fatwa. Perhaps, somewhat cynically, Hidayat believes that the PKS is likely to benefit from those disaffected voters who feel compelled to comply with the fatwa.

The House of Representatives (DPR) have also weighed in on the matter with the Head of the DPR, Agung Laksono, arguing that the right to vote implicitly contains a right not to vote and as such golput cannot be haram. According to Laksono, political parties must take heed of the increasing numbers of golput-ers as a sign that political parties have failed in translating their respective visions into policies and action on the ground that positively affects the lives of their constituents. To his mind, the fatwa is a mistake.

The reaction to the fatwa has been widespread and varied. The National Commission on Human Rights (Komisi Nasional Hak Asasi Manusia / Komnas HAM) issued a press release on 2 February 2009 that states simply the fatwa is a violation of people’s human rights to exercise the right not to vote. Ifdhal Kasim, the Head of Komnas HAM, stated that the right to vote or not to vote was a basic human right that cannot and must not be interfered with.

He cites that this is a Constitutional guaranteed right that has been further strengthened with provisions in Law No. 39 of 199 and Law No. 2 of 2005. Ifdhal points out that the government has already ratified the International Convention on Civil and Political Rights, which means that “societies or government could not limit this right through prohibition, criminalization, or imposing moral sanctions on people who did not use their right to vote”.

The General Election Commission (Komisi Pemilihan Umum / KPU) who is tasked in carrying out the election, according to Ifdhal, is restricted by its mandate in that it does not allow them to issue any regulations which would impinge on the absolute rights of individuals to choose whether they vote or do not vote in a general election. However, the Head of the KPU, Abdul Hafiz Anshary, has been vocal in his support of the fatwa issued by the MUI. He has openly and publicly wondered why the MUI has only acted now on this issue.

According to Hafiz it is the MUI’s responsibility to supervise Muslims in order to see that Muslims exercise their rights in terms of voting for qualified Muslim candidates. In fact, Hafiz was unequivocal in stating that “not only cigarette are haram, but golput also haram.” This is in reference to another MUI fatwa that prohibits cigarette smoking in certain circumstances.

It is worth noting that MUI fatwas are not binding in a legal sense and it remains to be seen whether the fatwa has any moral force in terms of convincing potential golput-ers to vote.

(RAB / SH)

NU Community Founded in the US

Nahdlatul Ulama (NU) has founded a Chapter of NU in the US. The intent is to foster understanding between Islam and the West. This is interesting for me in that the idea of fostering an understanding between Islam and the west presupposes that the problem is one of countries against a religion. I wonder why NU has not been founded to foster an inter-faith dialogue instead. An understanding of Islam by those who are non-Muslim?

However, the founders of the Chapter are Indonesians studying for post-graduate degrees in the US. Among them are Sumanto Al-Qurtubi and Achmad Tohe, both PhD candidates at Boston University, Achmad Munjid, PhD candidate at Temple University, and Ulil Abshar Abdalla, PhD candidate (pictured) at Harvard University.

Fostering relationships is a key to developing understanding. So, here's hoping they achieve what they set out to do.

Ahmadiyah - A Dilemma of Qur'anic Proportions

The Indonesian government is between a rock and a hard place in an area with convoluted laws, regulations, and decrees seemingly in direct opposition to guarantees provided under the Constitution and Pancasila. No where to turn and much to lose!

The simply reality is the government would seem to have the power to ban heretical sects of any religion under the auspices of maintaining public order and harmony, particular where the views of a group where counter to those of the mainstream. Ahmadiyah tends to hold views that are not within the mainstream of Indonesian Islam and perhaps Islam in general and have been deemed blasphemous and heretical.

If Sunday was any indication the ability of hard line groups like the FPI (Islamic Defenders Front) and the HTI (Hizbut Tharir Indonesia) to get thousands out into the street means that the government has one of two choices; be seen to be pandering to hardline views of Islam and ban Ahmadiyah or put in place protections that allow Ahmadiyah to continue unimpeded by those that would seek to destroy it!

This is a dilemma for many reasons. In a cynical sense, there is a general election coming up and being seen as being soft on issues like this will mean that swinging votes will tend to go towards parties seen with strong Islamic credentials. PKS (Prosperous Justice Party) seems more likely to benefit from this shift than any other parties.

Further, the legal implications and the test that this conceivably poses for judicial independence and reform. If the Constitution does provide protections in terms of freedom of religion then this will be a stern test of whether the government is able to live up to this constitutional ideal.

Finally, law and order; is the government going to have the commitment to ensure that law and order is maintained. The tone of the Sunday protest included suggestions that if the government did not dissolve Ahmadiyah by government decision then the protesters would take the law into their own hands and dissolve it themselves. This is a nightmare waiting to happen particularly if the police try and enforce the law and in doing so shoot those seeking to forcibly disband Ahmadiyah contrary to prevail laws and regulations or where police are seen to be complicit in allowing any kind of forcible disbanding to occur.

One of the more novel moments of the protest was a comment to the effect that Ahmadiyah had interfered with the human rights of the protesters by disturbing their tranquility in the practice of their faiths. This is novel for a number of reasons but none more important than highlighting some key points of human rights and democracy, namely: you cannot please all of the people all of the time. But taking this argument to the logical extreme then the practice of any faith that did not concur with the faith as practiced by the FPI and HTI must be deemed to be impinging on their human rights.

The NU (Nahdlatul Ulama) approach is to enter into dialogue with deviant sects, explain the error of that sects ways, and then encourage them back into the fold--back to the true path of God.

This seems destined to get messier before a final resolution is found!