Worldviews 19 (2015) 161–183
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Islamic Law and the Environment in Indonesia*
Fatwa and Daʿwa
Anna M. Gade
University of Wisconsin-Madison, wi, usa
amgade@wisc.edu
Abstract
Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect
norms of Islamic law to mobilize religious response to environmental crisis. It surveys
attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in
Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and
activities, including those protected by Islamic law, require a healthy biosphere. Many
Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion,
and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question)
from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of
foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and ngos)
that they increasingly incorporate.
* This research would not have been possible without the assistance of Fachruddin Mangunjaya and Ir. Hayu Prabowo. I wish to thank the National Office of the Majelis Ulama Indonesia.
I say thank you also to Leor Halevi, Robert Hefner, Marion Katz, Ansoiry Nasruddin, Asifa
Quraishi-Landes and Jordan Rosenblum for comments and encouragement. The research was
supported by a Vilas Associate Award from the University of Wisconsin-Madison in 2011–2013.
Short videos related to the research may be viewed at www.vimeo.com/hijau, in Indonesian
with English subtitles provided by the author. The article is in conversation with other contributions to the special issue of Worldviews in which it appears, on the topic of “Religion,
Globalization and the Environment in Indonesia.” This article was originally submitted in
September, 2013.
© koninklijke brill nv, leiden, 2015 | doi: 10.1163/15685357-01902006
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Keywords
shariʿa – environment – globalization – Indonesia – Islam
1
Introduction: Globalization, the Environment and Islamic Law in
Indonesia
Much English-language academic discussion of Islamic law in contemporary
Indonesia has been concerned with the relation of “law” to the “state.” This has
been the case especially beginning in the decade of the 2000s with respect to
the question of deriving and implementing regional law codes in the decentralizing era of reformasi (Aspinall and Fealy, 2003; Bush, 2008; Hefner, 2011; Salim,
2008; Salim and Azra, 2003). When theorized, such studies (along with others
that treat Muslim Southeast Asia, such as Peletz, 2002) point out the flexibility of modern law and norms. They also indicate the mobilizing potential of
the rhetoric (if not the practice) of “Islamic law” itself. Many such studies also
do seem to imply law to be a secondary or contingent, instrumental means by
which actors put forward their religious and social agendas.
However, legal “public reasoning” (Bowen, 2003) of Islam and environmental law in Indonesia is also itself an engine of social change. Indonesian Islamic
law of the environment increasingly casts ecology theoretically in terms of the
foundational “antecedents” of Muslim law and ethics, while also still in the
terms of the ultimate “consequences” of perpetrating environmental harm.1
This universalizes an environmental message in religious terms. At the same
time, dakwah (Ind., Ar. daʿwa, a “call” to realize Islamic teachings in practice) is
a formative part of systems of Muslim environmental justice in Indonesia. Practically, this renders ultimate ends-means messages of environmental jurisprudence ( fiqh) to be a clear religious duty, conveyed in terms of the ends and
means of globalizing religious outreach (dakwah).
Legal norms of Islamic environmental law in Indonesia represent social processes that “globalize religion” because the theory and practice of environmen1 A contrast like this is inspired by Lawrence Rosen’s brilliant discussion of Muslim legal
process in Anthropology of Justice (1989), especially on p. 50, as he cites John Dewey on the
“logic of consequence” in the theory and practice of jurisprudence. Rosen notes Dewey’s
point that systems of “western” law are cast in terms of antecedents (citing: Dewey, J. (1924).
Logical Method and Law. Cornell Law Quarterly, 10, 17–27.), whereas in practice Muslim
systems tend to shape otherwise indeterminate outcomes and consequences. Elsewhere (Art
as Experience, e.g.), Dewey treated religion and art as expansive phenomenological processes.
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tal fiqh and dakwah embrace universalizing religious ideals, both moral and
environmental, in terms of totalized causes and effects; at the same time, they
co-exist self-consciously alongside other, non-religious spheres worldwide in
terms of their realistic ends and means. When Indonesian environmental fiqh
and dakwah are claimed here to be processes that are actively globalizing, this
means more than just to be global in their scope. In the editor’s introduction
to a volume on religious globalization, Transnational Transcendence, Thomas
Csordas contrasts the notions, “globalization and religion” and “globalization
of religion.” He writes,
[T]here is a more existential sense in which we can ask if globalization
is a religious phenomenon, or at the very least if globalization has a religious dimension …. Perhaps there are spiritual consequences to whether
we find ourselves living in a global village of universal intimacy or in a
boundless realm of anonymous and impersonal processes.
csordas, 2009, 10
Indonesian Islamic environmental law is religiously globalizing (“spiritually”
so, as in Csordas’s sense above) since it connects the very roots of justice and
God’s will (shariʿa, through fiqh) to shared anticipated global outcomes in this
world and the next. Furthermore, its social message (dakwah) circulates ever
more widely in order to persuade across boundaries of difference, and thus is
bound to a global sense of justice which connects it to all human experience,
Muslim and non-Muslim.2
This article surveys attempts since the 1990s to develop environmental fiqh
(jurisprudence) in Indonesia, especially within legal theory and practice of
the past ten years. It focuses on recent fatwas (non-binding legal opinions,
given in answer to a question) issued by individuals and local and national
agencies since 2010. The argument is as follows. First, in emergent theory of
Islamic legal rulings ( fiqh) about the environment in Indonesia, the present
2 The phrase, “sense of justice,” comes from Southeast Asianist, Clifford Geertz (Geertz, 1983,
174). The overall argument is not intended to be taken in terms of well-known critiques of
“globalization.” Considered in the latter sense, environmental dakwah may be “ambivalent” if
not outright resistant. For some discussion on this point, see Juergensmeyer on religion in a
“global civil society” (Juergensmeyer, 2005); see also Wickham on the “Islamic alternative” and
the “parallel public sphere” in Egypt, in the same volume and elsewhere. In addition, discussion here represents a different sense of “globalization” than treatments of commodification
of religion within a “marketplace,” such as is suggested by the theoretically sophisticated
Indonesian studies, Hefner 2010 and Rudnyckyj 2010.
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and future state of the biosphere is given legal primacy. Ecology is theorized
to be at the core of the very “aims of the law” (Ar. maqasid al-shariʿa) as an
antecedent. That is, environmental well-being is claimed to supersede and
to represent a necessary condition that precedes the fundamental concerns
and activities in this world. Second, environmental harm, whether resulting in
sudden catastrophe or “slow violence” (Foltz, 2010), is typically claimed to have
been caused by ethical failure. Thus, Islamic law of the environment is expected
compellingly and uniquely to address directly a moral crisis, thereby providing
the most effective and only lasting solution to the environmental crisis.
Third, Muslims cast the practice of Islamic law of the environment in Indonesia significantly in terms of religious outreach. Fiqh initiatives strategically
position an intentionally persuasive message (dakwah) for social environmental responsibility that is expected to be adopted by groups, individuals, nations,
and organizations. It is often claimed, furthermore, that the widespread propagation of a message of environmental responsibility is a religious duty. Finally,
dakwah globalizes fiqh (jurisprudence) insofar as its message relates to other
complementary environmental messages; and, in contrast to them, religious
Muslims like to claim, Islamic religious environmental messages might actually
work. As dakwah, they persuade hearts and minds in the face of the perceived
failure of alternative globalized systems, which are observed to be too readily
ignored or circumvented when presented merely as the civil policy or statutes
of the state, recommendations of the world’s scientific communities, or international agencies.
2
Environmental Fiqh in Indonesia: Theory for Practice
Islamic law of the environment is just beginning to develop worldwide, including in Indonesia (Livingston, 2012), even as its proponents claim it long to
have been rooted deeply in the essence of Islam since its earliest history. Like
global “environmentalist” discourse generally, its orientation is usually limited
to abstract generalities, consumer product advice, or to crisis response (such
as threatened species extinction, as in a case presented below). One expert in
Indonesia stated in personal communication in 2013 that even treatments of
“Islamic economy” (meaning, I thought, the great energy invested into “Islamic
banking”) still do not take environmental science into account. Nevertheless,
Indonesian practitioners, scholars and activists concerned with the environment now recognize new depths within sources of Islamic tradition, including
Sufism and law, which promise a potential ethical transformation of contemporary practice and piety.
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Since the early 2000s, there has been a concerted effort to develop “environmental fiqh (jurisprudence)” in Indonesia, known by the Arabic phrase, fiqh
al-biʿa (or biʿah). There had been some writing on the subject as far back as
the 1970s. However, in the early 2000s, and under the influence of the national
figure, economist Emil Salim, environmental issues came to the national forefront (for example, with the Extractive Industries Review of 2001, supported by
the World Bank). Programs in the early part of last decade to reach out to religious and Muslim groups had sponsorship from ngos such as wwf (the World
Wildlife Federation), ci (Conservation International), and walhi (the Indonesian ngo, Wahana Lingkungan Hidup Indonesia or “The Indonesian Forum for
Environment”). More than one initiative has drawn together Muslim religious
leaders from throughout the archipelago for discussion of religious environmental schooling especially (Gade, 2012; Mangunjaya, 2011).
Also in the decade of the 2000s, some Muslim religious scholars began
independently to issue non-binding legal opinions (Ar. fatwa, pl. fatawa) on
the subject of the environment. Some were general in scope (e.g., that to
cause harm to the environment is forbidden, haram), while others were more
specific to particular activities, conditions and situations. By the year 2012, local
fatwa bodies as well as national organizations like the Nahdlatul Ulama (nu)
and the Indonesian Council of Religious Scholars (Majelis Ulama Indonesia,
mui) had issued both general and specific rulings on topics such as illegal
logging, forest burning and mining (discussed below), as well as prohibiting
toxic additives in ingested foods (such as with the use of formalin as a fish
preservative and against mixing “Borax” detergent into bakso meatballs for a
chewier soup).
Emergent Islamic law in Indonesia shares some features across the archipelago, and also globally across Muslim systems. On a rhetorical level of treatments of Islam and ecology, there is a tendency to rehearse norms from the
Qurʾan and hadith. Theoretically, with the formulation of “fiqh al-biʿa” also
come new efforts to articulate an essential justification for the Islamic duty
to preserve the environment.3 For this, there is a revitalized interest in articulating the foundations and aims of Islamic law as well as reasoning based on
Muslim notions of common good.4 This reasoning holds that environmental
3 For academic overviews, see Ahmad 2001 and 2005; a typical Muslim religious treatment is
Bakhashab 1988.
4 Influential scholars have claimed both of these to be trends of Islamic law generally in the
era of nation-states overall; see surveys by Hallaq 2001 and 2009 and Kamali 2008, as well as
consideration of Indonesia more generally in Feener 2007; detailed discussion on this very
point as it relates to Indonesian fatwas of the past decade is in Hooker 2003.
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care is necessary to human flourishing, stated as one of the aims of Islamic law,
and even that environmental injunctions carry the same obligatory status as
other duties vis-à-vis the law. This posits a rationale of ethical and environmental antecedents that readily redoubles as a certain logic of their enacted
consequences. Especially in Indonesia, legal norms about the environment also
connect to social change at their core expression through expectations of dakwah, which smoothly renders such theoretical considerations also to be practical ones, and vice versa.
Patterns in reasoning repeat across varied appeals to reconstrue the conceptual bases of Islamic law in Indonesia in environmentalist terms. Here, I
describe three such sources. First, there is a report that is over a hundred pages
long published in 1997 by the Ministry of the Environment, the Ministry of Religion, and the Indonesian Council of Religious Scholars, Majelis Ulama Indonesia (mui), Islam Dan Lingkungan Hidup (this title translates as, Islam and the
Environment). Second is a work of almost three hundred pages authored by
the scholar and former head of the mui, Alie Yafie, Merintis Fiqh Lingkungan
Hidup (tr., Opening the Way to Environmental Fiqh), published in 2006 through
Yayasan Amanah. Finally, there is another, influential book published in 2006
by the ngo, Conservation International (with support from the World Bank),
drawing on the collaboration of dozens of religious scholars nationally, titled
Fiqh Al-Biʿah / Fiqih Lingkungan (this translates into English as, Islamic Environmental Law).5
In terms of the first publication mentioned, most of the book’s specific recommendations appear in Ch. 8, coming as a call to establish religious environmental educational programs, along with related suggestions specifically
aimed at the ulama and other Muslim religious figures, as if anticipating initiatives that were to begin to come to fruition more than a decade later. On
page 98, the text instructs Muslim leaders to “[m]ake religious fatwas that can
give resolve and impetus to the ummat (community) to strengthen the tendency to care for the environment in the framework of [Islamic] doctrine and
worship.”
In a work that appeared almost ten years later, Yafie also describes at length
environmental problems globally, and those with severe impact on Indonesia
5 Compare the latter to a publication from the Philippines, partially supported by usaid
through the “EcoGov2” organization, Al-Khalifah (2007), which has some discussion of law
and fatwas (accessed in August, 2013 at http://pdf.usaid.gov/pdf_docs/PNADL915.pdf). There
are many other important programmatic works in Indonesian on the environment, including
those by Fachruddin M. Mangunjaya, published by Yayasan Obor (2005 and 2009, for example).
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in particular, including climate disturbance. He makes his own religious argument against overconsumption (based on scriptural authority), admonishing
readers that the life of this world is not the ultimate goal of Muslim life (Ch. 3).
He also offers comprehensive, specific policy recommendations for state and
society, which comprise most of the book’s conclusion. The work uses the disciplined terminology of classical Islamic legal theory freely, while its appendices
offer substantial Qurʾanic citations, grouping verses according to topics such
as “water,” “air,” “land,” “prohibition of destruction ( fasad),” as well as a brief
selection of (just) twelve hadith.
The title of the book published by the ngo, Conservation International,
also in 2006, means “Islamic Environmental Law” (Fiqh Al-Biʿah). However, the
book is not exactly a systematic work of jurisprudence; rather, it is a compilation and documentation of an important national conference convened
to bring together religious scholars and environmental leaders for discussion.
The book’s pages 16–33 contain the results of working groups of scholars who
compiled material from Qurʾan, hadith, and kitab salaf (authoritative works),
printed in Arabic and Indonesian. Its Qurʾan citations emphasize humanity’s
role as a creation of Allah and its responsibility as God’s stewards on earth.
Some verses address the purported causes of environmental harm, which are
classified in terms of moral themes, namely: destruction (merusak, e.g., 7 AlAʿraf 56 and 74); dishonesty (curang, e.g., 11 Hud 85); “disorientation, lack of
balance, excess” (e.g., 55 Al-Rahman 7–9); “loss” or “change” (4 Al-Nisa’ 118–119);
and, the “influence of base desire” (dorongan hawa nafsu, for which there are
numerous Qurʾanic illustrations). As for hadiths cited, they generally emphasize the points, that the Prophet called humanity “stewards of God,” that shariʿa
requires upholding the “common good,” and that shariʿa (as known through
hadith) supports rights to land and livelihood. Other material relates to the
atmosphere, seas and waterways, and the whole wide worlds that contain
them.
Insofar as they treat legal reasoning, there are three core concepts that
appear centrally across these three sources, along with related expression in
Indonesia (presented below, now with citations from Yafie’s work). They are
that environmental care:
1.
is a necessary precondition for clear religious duties insofar as to conduct
fundamental acts of worship requires a healthy lived environment (such
as the stipulation for clean water in order to perform ritual ablutions, itself
essential in order to carry out the obligation of salat prayer; Yafie, 2006,
293–296); some treatments cast a legal requirement to environmental
care in stronger terms, as a self-justifying religious duty (e.g., Yafie, 2006,
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2.
3.
gade
14–15, and this is in fact of the three main points of the work, emphasized
throughout);
is a necessary precondition for human and Muslim religious flourishing
/ survival; the rationale is given in terms of “maqasid al-shariʿa,” or the
“aims” of the law, which are to protect faith, life, reason, lineage, and
wealth (Yafie, 2006, p. 15 in the introduction and p. 224 in conclusion; this
is another one of the three main points of his work throughout, treated in
detail as a framework for Ch. 3, on fiqh); Yafie extends an argument like
this in Ch. 3 to state that to annihilate non-human creatures is to destroy
the very principle of life itself;
supports social, communal, public or common good, as encapsulated by
the terms, istislah and maslahah (and Indonesian derivatives like “kemaslahatan,” e.g., Yafie, 2006, 218, offered as the concluding point of the entire
book).
Each one of the rationales above posits that a life-supporting ecosystem comes
prior to another goal or necessity as its antecedent. This is a common reasoning
put forward in connection with new legal rulings ( fatwas) on environmental
care. In Indonesia, such theory connects integrally to the dakwah (“outreach”)
that increasingly shapes it, even as it further disseminates such core ideas in
the global sphere.6 For example, Yafie lists environmental “dakwah” as part of
fardlu kifayah and haddul kifayah, terms for religious duty and proscription that
are incumbent upon individuals, not just a community as a group (e.g., Yafie,
2006, 227). Dakwah naturally relates practical means to ends, and as part of
the system of Islamic environmental law, it is said even to be a fundamental
duty. Within this framework, Muslim expectations that combine theory and
practice drive religious messages of universal causes, ultimate effects, and
human responsibility into a globalized domain.
6 The 1997 volume, Islam and the Environment, devotes an entire final chapter to the topic,
“Making Efficient Use of Dakwah in Protecting the Environment” (Pendayagunaan Dakwah
Dalam Pelestarian Lingkungan Hidup, Ch. 9, pp. 99–110). This treatment is consistent with the
level of sophistication of dakwah theory as taught at the postsecondary level in Indonesian
Islamic universities’ Faculties of Dakwah, and it cites substantial academic research (Soerjani,
multiple works, e.g.) to support its findings. For example, and typical of mainstream Indonesian academic “dakwah theory” of the 1990s, Islam and the Environment promotes the idea
of “dakwah bil hal,” or doing “dakwah by deeds” (as opposed to mere dakwah “bil lisan,” in
words alone). It connects the increased need for environmental dakwah to “modernization”
(modernisasi), and highlights the need for there to be Islamic (and environmental) messages
targeted especially at youth in order to compete with other messages.
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Framing Islamic Law and the Environment in Indonesia: Moral
Problem, Religious Solution
Indonesian Muslim environmental ethics typically explains the ecological crisis to be a social and moral crisis, one with a religious solution that could be
called dakwah. This is not always cast in terms of formal legal reasoning per se,
but is voiced in more of a widespread, mainstream and accessible manner than
the rationales discussed in the previous section, above. Such claims about the
nature of environmental “problems” are usually accompanied by the assumption that Islamic law is needed as a solution in order to fill the space left open
as other types of (non-Islamic) solutions inevitably fail.7 This orientation has
come to structure the institutional development of contemporary Indonesian
environmental fatwas, blending theory and practice in a self-conscious context
of globalization.
In Indonesia, as in cases elsewhere in Southern Asia (e.g., Guha, 2006 and
Haberman, 2006 and 2013 in South Asia; and, Darlington, 2012 in mainland
Southeast Asia), there is a tendency for religious perspectives on the environment to focus on notions of social harm and betterment (rather than, in Guha’s
comparative discussion, a typical North American picture of a pristine “wilderness” in which no people appear). Such Islamic treatments in Indonesia tend
to have two related features. First, Muslims readily cast treatments of environmental justice in terms of moral conduct, even as environmental science and
social and political structures are clearly acknowledged. Second, moral matters
tend to prevail over others in religious treatments of environmentalism overall.
A good example of these two points is a statement issued by the national
organization of “traditional” religious scholars, Nahdlatul Ulama (nu), “Taushiyah nu Tentang Pelestarian Hutan dan Lingkungan Hidup” (“nu’s Advice
on Forest Protection and the Environment”).8 It was disseminated after the
Annual Meeting of the organization’s National Committee on Forests and Envi-
7 See Gade, 2012 for a detailed presentation of another influential legal scholar’s personal
view that the environmental crisis is a “moral crisis” that cannot be solved just by clever
thinking alone, but may only be addressed effectively by the “heart.” Also see interviews
with K.H. Thonthawi Djauhari at www.vimeo.com/hijau (http://vimeo.com/album/1854899/
video/45587123 and http://vimeo.com/album/1854899/video/37643882). Foltz 2010 offers global Muslim perspectives on related themes.
8 http://agamadanekologi.blogspot.com/2007/08/taushiyah-nu-tentang-pelestarian-hutan
.html (on the website of Fachruddin Mangunjaya).
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ronment in 2007.9 After a description of details of the current “ecological crisis,”
the document describes an underlying “social crisis” (krisis kemasyarakatan) as
follows:
… [t]he development of an attitude of disbelief and mistrust toward the
government, weakness of the rule of law, disaster of moral decadence,
growth of “individualism,” disappearance of authenticity and integrity
and erosion of national pride, increase of characteristics of “konsumtif
hedonisme,” the disease of corruption, sickness of laziness and the desire
to take the “easy road,” that is, the path of least resistance that allows for
anything and which leads to the greatest destruction on the face of the
earth.
Next, the authors acknowledge there is an “economic crisis,” marked by high
rates of unemployment and poverty, and weakness of national “energy” coming
along with weakness of national products as a result of the “penetration of the
global market.”
The document emphasizes moral issues, however, as the root of environmental problems, and also in a large measure presents them as ecological solutions. One of the longest paragraphs of the short written statement describes
“those who are responsible for the environmental crisis” as those who do specific acts, such as, those who “carry out illegal logging, provoke conflicts over
land tenure, and carry out (forest) over-cutting, create monopolies and privatize the resource of water, pollute water and water sources …. develop hillside
areas with a land slope greater than 40% or land in a water catchment area”
and so on. However, as the paragraph continues it shifts more toward ethical
terms, such as, those who “would exterminate all forms of life with (their) ‘confident excuses’ … discard waste indiscriminately, and are heedless in caring for
natural resources.” After special mention of those who “endanger the lives of
the people”, it goes on in moral terms to cite: “agents of over exploitasi … those
who will not carry out redistribution … in order to improve the condition of
the local people … [the] many who have wrought environmental evil and acted
with a great cruelty that disturbs the overall peace and destroys life itself.” The
problem is here described at its core to be an ethical problem, even as specific
circumstances and local conditions are cited.
9 The official meeting was known as, Halaqoh Gerakan Nasional Kehutanan dan Lingkungan
Hidup Pengurus Besar Nahdlatul Ulama (gnkl pbnu), 20–23 July, 2007, Jakarta. http://www
.nu.or.id/page.php?lang=id&menu=news_list&category_id=6 (accessed August, 2013).
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While recommending specific measures (see footnote below), the document proposes its solution to be a more encompassing moral change, a real
change in attitude and behavior. The document concludes with specific recommendations for what is required (wajib, capital letters) of members of nu,
and all elements of society, which are to: “carry out environmental jihad ([Ar.]
jihad biʿi);”10 continue to strive (melanjutkan perjuangan) in society ( jihad ijtimaiyah); improve moral teachings that are moderate, tolerant, and balanced
(tawasuth, tasamuh, tawazun) and to “command the good and forbid the evil”
(amar makruf nahi munkar); take pride in people and nation, be productive
and creative, live simply, fight corruption, be strong and resolute in hard work
and intelligent enterprise; help the disenfranchised (kaum mustadhʿafin) and
“neutralize the penetration of global markets and protect the stability of the
national economy.” General and moral terms here mix with specific suggestions
yet again, while asserting their primacy overall.
This relates to a second point. The statement is meant to apply more widely
than just to the members of nu or to those who are religiously Muslim more
widely (both groups are specified). For example, the final conclusion addresses
the “Government of the Republic of Indonesia,” on which it is stated to be
required (wajib) to take substantial measures (i.e., protect forests and natural resources, fight corruption, and undertake steps to strengthen the national
economy), and to “uphold the supremacy of the rule of law without discrimination” while “stressing that the degradation of the environment, whether air,
water, or land, will lead to catastrophe ([Ar.] dlarar / [Ind.] kerusakan).” Religious prescription here coexists alongside and complements, and in its expression even authoritatively dictates, civil law. Finally, the document restates a
strongly-worded fatwa from 1994 that had been issued by the national meeting
of nu in Tasikmalaya, West Java, which had made a general ruling: “[that] to
establish/maintain pollution of the environment, including the air, water, and
land, when a crisis (Ar. dlarar) emerges is hereby ruled haram, and is considered to be (in the Islamic legal category of) a criminal act (termasuk perbuatan
kriminal [(Ar.) jinayat]).”11
10
11
This is specified as “a movement to plant and care for trees, protect the forest, and
carry out the conservation of land, water and all forms of life; clean up rivers, beaches,
neighborhoods, settlements, and public areas, and clean up industrial sites of pollution
and waste; care for water supplies and watershed areas and improve mining areas to help
to prevent flooding.”
The original fatwa came out of nu’s 29th National Meeting (Muktamar), 4 December, 1994
(1 Rajab 1415h), held in the town of Cipasung. A similar fatwa from 2004, also coming
from West Java and with some connection to nu, is discussed in Gade, 2012. However, the
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In such treatments of Islamic law, fiqh and related dakwah are cast by
Indonesian Muslims to be more persuasive and effective than other ways of
addressing what is presented at its heart to be a moral problem. The following
explanation was given by Dr. Hayu Prabowo in a statement videotaped in the
national office of the mui:
In the context of the mission of the mui, we see that environmental
degradation is caused by and large by humans when they engage in
economic enterprise. In the course of these activities, often people do not
follow good ethics or uphold high moral standards. Therefore, the cause
of environmental destruction is a moral and ethical issue. However, all
too often these problems are addressed in merely a formal or technical
way. This approach is not enough. There have to be moral and ethical
standards as well. Our work [at the mui] fits in here.12
Then, considering all this within the context of related, global messages, Dr.
Hayu Prabowo elaborated further:
According to our [agency’s] review, many ngos here [in Indonesia] are
concerned with wildlife conservation; many are also largely involved in
forestry and land rights advocacy. We also noted that land rights policy
has a tendency to be limited to technical guidelines. Thus we saw that
mui had a role in filling a certain gap, adding substance to issues related to
the environment. Why? Because in Islam it is paramount to be concerned
with human welfare.13
Dr. Prabowo goes on to explain the contrast between a “normative” (Islamic)
approach to environmental concerns and “positive” (state) law, which, as he
states, may readily be circumvented or become subject to “corruption.” He
added, “There really is no way to sidestep religious rules. In the life to come,
we will all face the judgment of God.”
12
13
latter fatwa is based on another legal premise based on Qurʾan and its expressed hudud
(limits) not to “corrupt the earth,” as well as the punishment it carries, as explained by K.H.
Thonthawi Djauhari. See www.vimeo.com/hijau: “Caring for and ‘Corrupting the Earth’:
The Promise and the Warning” (http://vimeo.com/album/1854899/video/37635905).
Hayu Prabowo, “The Role of the Institute for Honoring the Environment and Natural
Resources,” www.vimeo.com/hijau (http://vimeo.com/album/2057592).
Ibid. After this, Dr. Prabowo reviews the five “aims of the law” (maqasid al-shariʿ).
Worldviews 19 (2015) 161–183
islamic law and the environment in indonesia
4
173
Disseminating Messages: Dakwah, “Socialization,” and mui’s
Eco-Fatwas
In 2011–2013, Indonesian environmental fatwas were closely related to religious
ecological dakwah. In the cases of the mui considered below, the claim that
Islamic law would carry more authority to persuade than other global messages
was not just taken as theory. In the practice of Islamic law through fatwas,
dakwah (or “socialization”) actually had come to shape the practice and process
of deriving Islamic environmental rulings and applying them.
English-language academic treatments of the mui have highlighted politics
and related controversy (Hosen, 2003 and 2004; Ichwan, 2013; Mudzhar, 1990).
In addition to its official status as autonomous from the government, the mui
also differs from the “councils of religious scholars” of other Muslim nations,
including those of Southeast Asia, insofar as its rulings are not legally binding.
(Traditionally, a fatwa is a non-enforced independent opinion, as authoritative
only as its issuing authority, but this has changed in some contexts in the era of
nation-states.) Upon its inception in 1975 it followed closely the state’s interests
during Indonesia’s New Order regime (see the survey of mui’s history: Dijk,
2007). Within the era of political “reformasi” since the 2000s, after the end of
the presidency of Suharto in 1998, the mui has taken on its own voice in the
public sphere, albeit one still closely connected to national political agendas
(Hefner, 2011).
Scholar Moh. Nur Ichwan has observed that the mui now represents itself
more as a “servant of the Muslim community [rather than the state].” Furthermore, since 2005 there has been even more of an emphasis on what Ichwan terms puritanical Islam, defined in terms of a struggle against “deviant
beliefs” (Ichwan, 2012, 68), such as with the notorious Fatwa No. 7 of that year,
“Opposing Pluralism, Liberalism and Secularism.” However, despite the academic focus on mui’s messages and state policy, as cited above, most of the
resources of the mui’s central office in Jakarta go to much smaller-scale politics of certifying halal products and advising on regulating Islamic finance, as
evidenced by its published fatwa compilations.14
14
Notably, there has been some discussion in recent years about mui possibly issuing
a fatwa that would declare the international ngo, Greenpeace, to be haram. As an
example of national media coverage of the issue, the following article appeared in the
newspaper, Republika, in 2011: http://www.republika.co.id/berita/nasional/umum/11/08/
17/lq1t64-mui-segera-keluarkan-fatwa-haram-greenpeace (accessed February, 2014). The
argument for this position, as made in the article above, is not explicitly on the grounds
of environmental policy, however. It is premised instead on the objection to Greenpeace
Worldviews 19 (2015) 161–183
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Since the middle of the 2000s, provincial branches of the mui have been issuing environmental fatwas on their own authority. An example is the “Fatwa
on Illegal Logging and Illegal Mining,” coming from mui’s Kalimantan Region
Fatwa Council in 2006/7 (Keputusan Fatwa mui Wilayah iv Kalimantan, No:
127/mui-ks/xii/ 2006).15 It states: “Logging and mining that destroy the environment and ruin society and nation are hereby ruled ‘haram.’ All activities and
results that come from such enterprise (bisnis) are not sah (licit) and are hereby
deemed to be haram, and those in authority must act with a firm hand on this
matter, according to laws and statutes that are in effect.” The scriptural basis
for this ruling is given as 2 Al-Baqarah 29; 45 Al Jathiyah 13; 7 Al-Aʿraf 56; 4 AlNisa’ 59; and, a somewhat general hadith. There are four sub-points to the ruling’s reasoned rationale, all pertaining to “kemaslahatan” (or the “public good,”
maslahah). Similarly structured in argument and support is another ruling by
the same Fatwa Commission of Kalimantan (Wilayah iv) in the same year
(2006) on “Forest Burning and Haze Smoke” (Keputusan Fatwa mui Wilayah iv
Kalimantan, No: 128/mui-ks/xii/2006).16
The mui’s prominent national ruling on the environment is celebrated national Fatwa No. 22 (dated 26 May 2011), known as the fatwa on “Environmentally Friendly Mining” (“Pertambangan Ramah Lingkungan”).17 Its overall
15
16
17
as having allegedly procured financial support from lottery revenue (a highly publicized
“moral” issue in Indonesia over the past decade), and also that Greenpeace is a “foreign”
organization whose role is not to instruct or to patronize Indonesians regarding how best
to manage its national/global environmental affairs (some point out, as in the article
above, that even mui itself now has its own, Indonesia-based environmental agency).
“Keputusan Fatwa mui Wilayah iv Kalimantan mui Tentang Penebangan Liar dan Pertambangan Tanpa Izin (Illegal Logging and Illegal Mining).” It was a result of the Meeting
of the Fatwa Commission of mui Wilayah iv Kalimantan in Banjarmasin, on 22 Zulqaidah
1427 h /13 December 2006. http://agamadanekologi.blogspot.com/2007/08/fatwa
-penebangan-liar-dan-pertambangan.html.
“Keputusan Fatwa mui Wilayah iv Kalimantan Tentang Pembakaran Hutan dan Kabut.”
http://agamadanekologi.blogspot.com/2007/08/fatwa-mui-tentang-pembakaran-hutan
-dan.html.
The introduction states that the mui determines: (a) humanity, as “stewards” on earth
(khalifah fi al-ard), hold the “trust” (amanah, a key ethical concept in the Qurʾan) and
have the responsibility to preserve the earth (Ind. bumi) and its contents; (b) the earth,
water, and natural riches that are comprised in it, including mined resources, represent a
gift from God that may be “explored and exploited” for the peace and prosperity of society
as a “mashlahah ʿammah” (an Arabic expression that may be translated as a “common
good”) as follows; (c) in the process of exploration and exploitation as intended in (b)
above, it is necessary (wajib) to protect the sustainability and “the balance” of the natural
Worldviews 19 (2015) 161–183
islamic law and the environment in indonesia
175
justification, as in the footnote below, is not to “corrupt the earth.” A point
is made in the document that economic activity and development are positive, but that they are subject to limits and must be put into balance, as in the
case of the industry of resource extraction in question, mining. The gist of the
principal ruling is that mining must be “friendly” (ramah) to the environment.
(In order to support the fatwa, there are verses cited from Qurʾan, hadith, as
well as authoritative statements of scholars.) Furthermore, dakwah-driven and
dakwah-driving dimensions of the fatwa process, including its socialization,
are clearly evident in the very structure of the document itself.
The bulk of the written fatwa concerns policy recommendations that are
finely tuned to differing sectors of society, such as the “government,” “the people” or “society” at large (masyarakat), “religious people” (and specifically the
Muslim community, ummat), and industrial and commercial companies or corporations, just as the preamble to the fatwa (in footnote, below) is framed in
terms of “questions within society.”18 The recommendations as they are broken down according to these social groups and functions, in fact, comprise
the fatwa. According to a representative of the mui (personal communication,
2013) the dissemination of the decision was launched with the national meeting of Majelis Ulama and coordinated through the provinces, and was met with
enthusiastic reception nationwide.
In 2010–2011, the same period as the fatwa on “environmentally-friendly
mining” was issued, a new institute was established as part of mui, the Lembaga
Pemuliaan Lingkungan Hidup dan Sumber Daya Alam (plhsda, “The Institute
for Honoring the Environment and Natural Resources”). With the new organization, a process of “socialization” (Ind. sosialisasi) explicitly shapes practically
every step of the development of Islamic rulings on the environment.19
18
19
environment, in order not to cause destruction or “mafsadah” (an Arabic form of the
Qurʾanic word, “fasad,” or “corruption”); (d) in practice, the activities of mining often
diverge from nor do they take into account their own negative effects whether in terms
of ecology, the economy, or social and cultural impact; (e) in regard to this issue, there
is the question within society (ada pertanyaan di masyarakat) regarding the Islamic law
of mining and the practices of mining that cause environmental harm; and, (e) because
of this, the Fatwa Commission of the mui should issue a fatwa regarding mining that
respects the environment (pertambangan ramah lingkungan) in order to offer guidance
(guna dijadikan pedoman).
Notably, there is an absence here of mention of ngos, which have otherwise done much
to promote Islamic approaches to the environment in Indonesia.
Outside of Southeast Asia, studies by Halevi (2012) and Skovgaard-Petersen (1997) show
how fatwas are increasingly shaped by globalized political structures.
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In the early 2000s, the mui had revised its manner of considering religious
questions and issuing fatwas (Ichwan, 2013, 69).20 For environmental fatwas on
the national level, the mui has now signed Memoranda of Understanding with
the Ministries of Forestry, Fisheries, and the Environment. As in the classical
style of fatwas (Masud et al., 1996), a question must first be posed (such as was
done by Gusti Muhammad Hatta, former Minister of the Environment), which
would then be considered by the council in order for the response ( fatwa) to
be provided.
A recent official document published by mui and plhsa (no date), the title
of which translates as, “Procedures for Determining and Applying Fatwas about
the Environment and Management of Natural Resources,” shows the extent to
which socialization structures the process of making new Islamic law of the
environment in Indonesia. It explains, by way of introduction, that there are
four kinds of “tasks and functions” involved in deriving a ruling: (1) the mustafti
(the party seeking the fatwa); (2) the mufti (the author of the fatwa); (3) the
issue to be determined; and, (4) the users (pengguna) of the fatwa or “related
parties.” The “framework” for developing and applying the fatwa includes a
“workshop” (Ind.) to be attended by the mufti, the mustafti, as well as “experts
in the area and personages from the society who will utilize the fatwa.” The
goal at this stage of the process is to achieve a “comprehensive and holistic”
formulation of the issue with an eye to an implementable solution, through
“various sources of Islamic law” as well as “comparative study and/or field
research.”
This is to be followed by another meeting, a “Plenary Session on the Application of the Fatwa” (attended by stakeholders and experts), and the results of
this session are then to be considered by the council that has been charged to
author the actual ruling on the issue as it has been formulated. The concluding announcement, or “Application of the Fatwa,” the document describes as
the “publication in various media or books.” The document states: “Subsequent
socialization to critical regions is to occur through appropriate channels.”
The mui does have a particular history of social involvement and even
political intervention. However, consistent with the social nature of the fatwa
process above, an expressed goal of the plhsda is explicitly religious dakwah.
While informally the Director described the organization as having a role to
play in educating members of the mui internally about the environment, a
20
Hooker, 2003, 61–62 reproduces procedures as stated in an official document from back
in 1975. In contrast to the presentation here, there was no mention in the guidelines of
decades ago of outside stakeholders playing a role in the process, nor is any means of
dissemination “to society” mentioned.
Worldviews 19 (2015) 161–183
islamic law and the environment in indonesia
177
formal document explains that the plhsda’s overall goal is to do the same with
respect to all Indonesian society as a “community service.” Its official mission
statement, moreover, states that the organization’s guiding “misi” is to:
… [c]arry out dakwah in word (bil lisan) and dakwah in deed (bil hal)
regarding “ecotheology” (ecoteologi) of Islam for the protection and management of the environment and natural resources that plan for the balance of faith and piety (iman and taqwa) along with scientific knowledge
and to create and carry forward a religious teaching as the responsibility
of each and every individual (kaffah). [emphasis added]
Legal rulings are meant to be disseminated to religious teachers (kiai) and
preachers (daʿis) in critical regions, along with model sermons to be preached
which reinforce the ruling’s rationale and reasoning. There is a forthcoming
book, which should be over a hundred pages when published (funding is
holding it back), that will facilitate this. As Dr. Prabowo stated in personal
communication, the daʿis (agents of dakwah) need to know fiqh (religious law),
on which the mui provides authoritative guidance.21
As a recent example shows, socialization may determine the inception of an
entire fatwa process, not just its final conclusion with its dissemination. This
was the case when, on 13 June 2013, there were initial discussions at the mui
headquarters in Jakarta with representatives of Universitas Nasional (unas),
as well as ngos like the Alliance of Religion and Conservation (arc) and the
wwf. This was the “plenary session” on a possible future fatwa to be issued on
the authority of mui in order to protect the Sumatran tiger from extinction.
Much of the discussion detailed the dire endangerment that the species faces
as a result of deforestation and other habitat destruction. The news coverage
of the discussions shows how central to this process from the beginning was its
socialization.22 A televised interview with the representative of the wwf (on
21
22
In personal communication in July 2013, Dr. Prabowo emphasized two additional corollaries to this. The first is that religious norms need to recognize the environment, and in
particular religious leaders need to know more science (“scholars have been neglecting
the science,” he stated). Second, policy based on sound science needs religion in order to
be meaningfully adopted and applied.
Links to coverage of the event, provided by Dr. Fachruddin Mangunjaya, a participant
in the session, include: An article: “Ulama Berperan Melestarikan Harimau Sumatera”
(“Religious Scholars Play a Role in Protecting the Sumatran Tiger”) Available at: http://
www.hijauku.com/2013/06/13/ulama-berperan-melestarikan-harimau-sumatera; Television coverage: “wwf Supports mui in Protecting the Tiger” (“wwf Sambut Baik mui
Worldviews 19 (2015) 161–183
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www.wartatv.com), and statements of others such as Dr. Fachruddin Mangunjaya (formerly of Conservation International, now faculty at unas), stress the
key points of the initiative, to raise global awareness with the hope that the
tiger might be saved from permanent extinction from the face of the earth.23
5
Conclusion: Religion, the Environment and Globalizing Justice in
Indonesia
With environmental fatwas and dakwah in Indonesia, Muslims present a totalizing theory and practice that modulates an Islamic message of ecological
justice; this message necessarily coexists along with similar non-religious messages (such as, science and public policy). Through this, Muslims “imagine
principled lives” (Geertz, 1983, 234) in the face of global connection and crisis.
With Muslim environmental fiqh and fatwas in Indonesia, Islamic conceptions
of justice meet and even compete with multiple systems of value (e.g., political
23
Lestarikan Satwa Langka”) from www.wartatv.com on 19 June, 2013, available at: http://
bit.ly/1bZSJDz; An article: “Harimau Kita” (“Sumatran Tiger Conservation Forum”) highlighted at the website: “Majelis Ulama Indonesia Siapkan Fatwa Untuk Selamatkan Harimau Sumatera” (“Majelis Ulama Indonesia Prepares a Fatwa to Protect the Sumatran
Tiger”) Available at: http://harimaukita.or.id/news/detail/80; And, a report dated June 13,
2013, on the Universitas Nasional (unas) website: http://www.unas.ac.id/detail_berita/871
_selamatkan_harimau_sumatera_melalui_kearifan_islam. All accessed July–August 2013.
On January 22, 2014, as the final version of this article went to press, the mui issued Fatwa
No. 4 / 2014, “On Protection of Endangered Species to Maintain the Balanced Ecosystems,”
which, on the basis of “protecting life,” not “corrupting the earth,” and responsibility of
being “khalifa” of God, along with numerous authoritative citations from hadith and other
sources, forbids trafficking in endangered species including tigers. (There had been a
second plenary meeting in July 2013, with related prepared reports and field investigation
available to the commission.) The full text of the fatwa in English translation can be
found online at: http://bit.ly/1cm2G4o (accessed 5 March 2014). On March 12, 2014, the
edict was formally announced at a public ceremony attended by Emil Salim at Jakarta’s
zoo. Global English-language media coverage was extensive, with the story picked up by
the news wire Associated Press, and as a consequence the story ran in prominent North
American national newspapers and media services, along with The Guardian uk and
National Geographic, among others. The written text of the fatwa contains a short clause
calling for “review [of] permits of companies” whose activities “cause harm” and threaten
species extinction (p. 13, English version; implied by this is potentially licensing of logging
and palm oil enterprises); also at the end of the 15-page document there is a stipulation
that there be established “religious guidelines” and “environmental preachers” to spread
the conservationist message, particularly with respect to endangered species.
Worldviews 19 (2015) 161–183
islamic law and the environment in indonesia
179
commitments) in a global context, and Muslims often claim theirs to be more
effective than cognate messages.24 Cast intentionally in terms of dakwah, these
are even intended to be messages that are heard among others.
The homomorphic compatibility of Indonesian Islamic environmental fatwas and dakwah with global environmentalisms, while preserving uniqueness
along the lines of faith community, shows a feature of the “globalization of religion,” what Csordas calls a “transposable” message. With overtones of Suzanne
Langer’s phenomenological “new key,” Csordas explains:
… that the basis of appeal contained in religious tenets, premises, or
promises can find footing across diverse linguistic and cultural settings
… I prefer the notion of transposability to those of transmissibility, transferrability, or even translatability in part because its definition encompasses several of these ideas and also in part because it includes the connotations of being susceptible to being transformed or reordered without
being denatured, as well as the valuable musical metaphor of being performable in a different key.
csordas, 2009, 5
Because of its basis in universalized moral principles, reinforced by dire world
warning, the religious message of Indonesian Islamic environmentalism is
seen by many Muslims to be one that can actually effect change, the best
means to ultimate ends. It also represents a different ontological order of
justice; like the cosmic scenarios some claim to be typical of globalized religion
(Jurgensmeyer, 2003), environmental dakwah puts fiqh onto a new register.
Muslim rulings on the environment in Indonesia, cast instrumentally as a form
of dakwah, represent a committed project of persuasion that links causes to
global consequences in this world, as well as the one to come.
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