Choirur Rois*
Postgraduate Program of Islamic Studies,
Universitas Islam Negeri (UIN) Sunan Ampel,
Surabaya, Indonesia
Agus Irfan
Faculty of Islamic Religion,
Sultan Agung Islamic University (UNISSULA),
Semarang, Indonesia
Moh Toyyib
Faculty of Da'wah Management,
Miftahul Ulum Islamic Institute,
Pamekasan, Indonesia
Mohammad Mahbubi Ali
Sidogiri Islamic Institute,
Pasuruan, Indonesia
The objective of this research article is to investigate Nahdlatul Ulama's perspectives on the discourse of Fiqh Al-Ḥaḍarah, also known as "Fiqh of Civilization," within the context of contextualizing Islamic political thought toward the concept of global peace. Sociological disparities in national and state dynamics, keeping in view the intensity of conflict at the global level, demand the attention of the leaders from all across the world . Fiqh Al-Ḥaḍarah through the discourse of Fiqh Al-Siyāsah, advocates that the idea of peace contained in the UN charter has a strong basis in Islamic Sharī‘a. All Muslims must campaign peace as a form of adherence to the Sharīa. Therefore, the notions in classical Fiqh Al-Siyāsah must be interpreted and recontextualized as theyaim to straighten the view that politics in Islam is an intermediary for realizing prosperity through peace. This study used an annotated bibliography and descriptive qualitative method, while data was collected by using the desk research method. The approaches used included the textual-contextual approach, sociological approach to Islamic law, and critical theory. The results showed that Fiqh Al-Ḥaḍarah can be used to recontextualize Fiqh Al-Siyāsah in an ideal direction according to the needs and demands of the contemporary times. Similarly, Fiqh Al-Ḥaḍarah can present Islamic thought as a solution to establish peace and allow the emergence of a better civilization in the future.
The current crisis of global order is portrayed through the conditions of power conflicts in the Middle East related to the intervention and hegemony of Western ideology over the East. 1 The countries in the Middle East with various power conflicts are Afghanistan, Syria, Iraq, Egypt, and Libya. 2 Meanwhile, western political ideology, especially the United States, which upholds the concepts of human rights, liberalism, and democracy, could not handle and overcome the conflicts that occur in the Middle East. In this case, according to John Ikenberry's statement, it can be considered that the international world order through American influence is in crisis. 3 Cunliffe also believes that the central indicator of conflict and the failure of the Middle East to become a sovereignand prosperous country, is the imposition of Western ideology on the country's political system. 4 For the sake of the welfare of Middle Eastern people, it is better to stop the intervention of Western ideological doctrines.
On the other hand, conflict in Islamic political practice also occurs due to failure to interpret the doctrines of Islamic politics (Fiqh Al-Siyāsah) which should uphold the value of peace. Several conflicts and wars occurred in the name of Islamic commands which ultimately gave birth to radical, extremist, and fundamentalist movements. 5 Even within the Muslim community itself, the Shia and Sunni conflict can also be seen as a phenomenon that occurs due to differences in the interpretation of the political thought. 6
According to Kuru, the treasures of Islamic political thought have not been able to present ideal solutions that are relevant to the demands of reality and today's challenges. 7 The author's research shows that at least two basic reasons contribute to this reality. First, sociological disparities are not accommodated in the discourse of Islamic political thought. 8 Second, t extual interpretations often lead to extremist movements under the banner of religion, aiming to purify Islam and establish an Islamic state. These two factors are clearly visible in the political thinking of the ISIS group, Hizbut Tahrir Indonesia (HTI), and some other radical organizations that are trying to confront the citizenship status of Muslims and non-Muslims 9 and utilizing the sayings of Qur'ān and Hadīth to legitimize the terror movements with jihadist narratives. 10 One indisputable evidence behind the sociological disparity in radical Islamic political thought is the interpretation of the caliphate state system as the final leadership system in Islam, thus making its followers anti-national and anti-democratic. 11
Several existing research results conclude that finding a peaceful solution based only on the existence of the United Nations peace charter and the institution itself is difficult for solving conflicts and wars that occur in the Middle East and Islamic countries as happened in Libya and Syria. 12 These findings strengthen the Therése Pettersson's conclusion that the involvement of outside parties tends to make conflicts more difficult to resolve. 13 The Charter of the United Nations (UN) upholds the world peace and human rights and also mediates global conflicts under the beliefs of democracy. However, all of them are inversely proportional to reality. Antar Zidane and Fikram Rettob state that there are so many UN deviations that undermined the charter they made themselves. It is UN which sells the idea of democracy and campaigns for global peace, yet commits many diversions from democracy or the "undemocratic UN." 14 Based on the research results conducted by scholars in Indonesia, the UN peace council failed to execute the peace mandate in the UN charter. Shary Charlotte Henriette Pattipeilhy concludes that the UN Security Council has failed to diagnose the Syrian conflict. "The Syrian conflict is filled with elements oriented towards achieving purely negative peace." 15 US national security apparatus also scrutinizes America's failed approach in the Middle East outlined in the report titled "America's Failed Strategy in the Middle East: Losing Iraq and the Gulf." 16
From the explanation above, this research aims to explore the Fiqh Al-Ḥaḍarah 17 perspective initiated by Nahdlatul Ulama (NU) in recontextualizing Islamic political thought of Fiqh Al-Siyāsah as a basic foundation in presenting Islamic thought as a solution to realizing the peace. This research gap is pointed out by the history of the origin of Fiqh Al-Ḥaḍarah concept.As, the discourse on fiqh in Islamic boarding schools only stops at the textual understanding originating from turats (classical books) references from the thoughts of previous scholars. 18 On the one hand, the discourse on Fiqh Al-Ḥaḍarah seeks to provide a new legal foundation based on the religious arguments to build world peace through the Fiqh Al-Siyāsah approach. On the other hand, Fiqh Al-Ḥaḍarah seeks to answer the critical and political questions regarding the position of the United Nations Charter as the basis for the international world peace order.
Fiqh Al-Ḥaḍarah and the idea of world peace diplomacy are crucial to be studied.Presently, this foundation's existence is questionable and is even unreachable by the classical fiqh discourses. Current's references to global civilization discourse refer to the conception of the United Nations Charter, which is still the world's vision and cannot yet become the reality of world peace. The various conflicts in the Asia-Pacific region are the reason why the United Nations failed to solve the world problem, 19 particularly of Ukraine and Russia, 20 Israel and Palestine, and the Middle East. The role of the United Nations dominates in its resolution. However, according to I Nyoman Sudira, until now, the views of the world community lack trust in the capabilities of the United Nations. 21
There are three approaches to conducting this research. Textual to contextual approach is the first approach. This approach is used to analyze data sourced from Fiqh Al-Siyāsah. 22 Furthermore, in seeing the perspective of Fiqh Al-Hadarah in the dimension of Fiqh Al-Siyāsah, the sociological approach to Islamic law is the second approach. 23 While the third uses critical theory to see the perspective of Fiqh Al-Hadarah. Based on these three approaches, this researchis expectedtoprovide a conceptual paradigm of Fiqh Al-Hadarah. The paradigm is an alternative to serve religious understanding that canbe usedas a solution with the help of Fiqh Al-Siyāsah.
Fiqh Al-Ḥaḍarah as ideas and conceptions of thought is not born from a vacuum. 24 The epistemological basis of Fiqh Al-Ḥaḍarah leads to the basic understanding of fiqh and all its supporting dimensions, such as fiqh principles, uhsul fiqh (principles of interpreting Islamic jurisprudence) methodology, and Maqāṣid Al-Sharī'ah theory as the axiological sources. 25 Fiqh Al-Ḥaḍarah, from the sociological aspect, appears as an answer to the global social dynamics of the 21st Century, especially the international political arena which is increasingly showing signs of recurring crisis. This concept resonates with Amin Abdullah's view of the importance of integrative-interconnectedness between the normativity of textual ideas and social reality. For him, these are the alternative solutions to academicism in developing Islamic discourse that is relevant to the demands of the period. 26 It has the intent and purpose of being able to continue the sustainable projection of Islamic treasures, not stopping halfway as is the reality today.
The goal offered by Amin Abdullah above leads to an assumption that it is also necessary to include ideas of 'Abed al-Jabiri in order to develop the concept of Islamic thought. Al-Jabiri invites Muslim scholars to be able to think critically. This proposed idea can be realized by involving new theories in developing and studying the construction of classical Islamic thought. This consideration must also include an approach that addresses the historicity of text ideas, the objectivity of exploring the substance of the text, and the continuity of the text's orientation to the reality of its context. 27 Al-Jabiri's ideology is visible in the epistemological style of Bayani, Burhani, and Irfani.
The views offered by these two figures lead to the epistemological foundation of Fiqh Al-Ḥaḍarah.It is said that the epistemological reasoning of 'Abed al-Jabiri's version certainly refers to the construction of the naqli (scripture referring to al-Qur'ān and Hadīth) proposition and the infrastructure of science related to both. 28 However, when viewed from the Burhani's epistemology, the position of Fiqh Al-Ḥaḍarah is within the scope of fiqh wa qawaiduhu (principles of Islamic jurisprudence) and the work process of the ushul fiqh waqaiduhu (principles of interpreting Islamic jurisprudence) methodology. 29 Maqāṣid Al-Sharī'a, as a source of axiology, refers to the dimension of Irfani's epistemological reasoning. It is under the characteristics of Maqāṣid Al-Sharī'a which focuses on uncovering the purpose behind the Sharī'a and the maslahah that is its target and not only relying on the textual legal illat (reasoning). 30
The epistemology of Fiqh Al-Ḥaḍarah, from a historical aspect, is since the era of the Prophet Muhammad. He laid the foundation of Islamic law as fundamental in building the concept of universal benefit without exception. 31 It is evident in the historical records that the Prophet succeeded in concocting the normativity of the ideas of "revelation" texts and the social reality of Medinan society. 32 Fiqh Al-Ḥaḍarah is an alternative solution to build a political consensus, the "Medina Charter," to revive the Yathrib civilization and make it become Medina, which succeeded in changing the notion of tribal primordialism at that time under one command of the Prophet. 33
The undeniable historical foundation of civilization introduced by Prophet Muhammad through Islamic Sharī'a forms the basis for Fiqh Al-Ḥaḍarah. Islamic Sharī'a's emergence as the epistemological foundation paved the way for its translation into various branches of knowledge in subsequent eras, including the discourse on aqidah, commonly associated with kalām science— the discipline focused on firmly establishing religious beliefs by presenting evidence and dispelling doubts. 34 Islamic law is known as the science of fiqh and tariqah (sufi path) which later became tasawuf (sufism). 35 According to Hanif Aidhil Alwana, the emergence of the non-theological fiqh discipline began with the death of the Prophet Muhammad and was motivated by political dynamics at that time. 36
The epistemology of Fiqh Al-Ḥaḍarah refers to the Verse 122 of the Chapter At-Taubah. 37 The context of the verse confirms that deepening the knowledge of Islamic law has a commensurate value with going to a war. 38 From contemplating this Verse, Umar Bahauddin al-Amiri argues that a comprehensive understanding of Islamic law or "tafaqquh fi ad-din" is essentially the Fiqh Al-Ḥaḍarah. According to him, it is a new term as an appropriate methodology in the fields of research, knowledge, and understanding. It can provide sufficient analytical material to know the essence of Islamic law. Its application is a solution for managing the governance of modern society. 39
Ibn 'Aqil al-Hambali has given a representative definition that explicitly gives an understanding of the politics in Islamic literature, known as " Fiqh Al-Siyāsah." According to him in Ibn Taimiyah's quote, politics is an activity or a policy for which humans are close to benefit and far from damage, even though there is no stipulation from the Prophet and it was not based on the revelation in its determination. 40 Imam al-Shafi'i himself is of the view that "there is no (justifiable) political practice unless it complies with the provisions of the Sharī'a." 41
Fiqh Al-Siyāsah is synonymous with siyasah Islamiyah (Islamic political system). It is a political study with maslahah nuances that emphasizes upon a comprehensive understanding based on the Qur'ān and hadīth as the object of its study. 42 Therefore, in Islamic politics, the public interest is above the interests of individuals or groups that are missionary in nature. 43 It is under the logic of fiqh rules which emphasize that universal maslahah (objectives) should be prioritized over the individual maslahah (objectives). 44 Therefore, it is not justified by the religion that for every policy, a leader as a political actor makes a policy that does not consider the objectivity of universal benefit. The statement refers to the rule of Fiqh Al-Siyāsah Tasharruf Al-Imam 'Ala Al-Ra'iyyah Manuthun bi Al-Maslahah (the leader's policy must be based on the benefits or objectives of the people). 45
The construction of Fiqh Al-Siyāsah reasoning refers to the Verse 59 of the Chapter An-Nisa. 46 The verse implies that the political authority must lead to a government that increases the value of spirituality and welfare of a society. What is meant by Ulul Amr (political authority), according to the majority of commentators, is defined as the government whose role is to take care of the benefit of society, in terms of both muamalat (civil acts) and ubudiyyah (ritual worship acts). Ulama or Islamic scholars as religious authorities on this regard who also play their role. 47 Obedience to political authority in the Qur'ān, is in line with the extent to which a leader can distribute benefits to citizens. Therefore, even though people are only the followers, the Prophet obligates them to obey and not undermine their government. 48
, In Islamic law, as a rule of life, Rahmatan Lil Alamīn (providing grace to all mankind and the environment) wants equal welfare for both Muslims and non-Muslims. The facts from Islamic history are based on how the Prophet Muhammad initiated the Medina Charter as the first institution of human rights. It was crafted to resolve the conflicts and unite Muslims and non-Muslims (Jews), the tribes of 'Aus and Khozraj, and to form the relation of equality between the companions of Ansār and Muhajirīn. It aimed to make them live peacefully in Medina as an element of civil society under the Medina Charter. 49 If the Medina Charter could not accommodate the public interest, especially human rights protection, many parties would have rejected it. 50
The description above makes it clear that Fiqh Al-Siyāsah, as a basis for the political understanding, aims to be a "wasilah" (intermediary) in managing and sustaining the survival of the world community. 51 Therefore, citizens' compliance with legitimate political (government) authority is obligatory as a form of mutual consensus in achieving this goal. The aim of Fiqh Al-Siyāsah is being actualized again as a narrative of world peace diplomacy by Nahdlatul Ulama's (NU) prominent figures and scholars through the International Conference on Civilization Fiqh. 52 Following are the recommendations, suggested during the conference. 53
Therefore, Fiqh Al-Ḥaḍarah believes that establishing a caliphate state order is not the suitable option in today's socio-political reality. The most important thing is how Islamic values can fill functional spaces in the state and understanding of religion can lead people to a better life. 54 It is in line with Yusuf al-Qaradawi's view that it is interesting to see how the objectives of Islamic law can be achieved through state governance, such as protecting people, upholding justice, and strengthening the practice of religious values for humanity. 55
According to this research analysis, the recommendations above are compatible with the central objective of Fiqh Al-Siyāsah which places the benefits of humanity above all . For this reason, political ijtihad in Fiqh Al-Siyāsah must not be based solely on textual understanding but also consider the objectives of Shi'a fiqh itself (universal benefit). In this context, according to Ibrahim al-Zaniqri, there must be an adjustment between the understanding of Islamic Sharī'a and the social reality faced in constructing Fiqh Al-Siyāsah. 56
Fiqh Al-Ḥaḍarah tries to reinterpret and re-actualize the classical understanding of Fiqh Al-Siyāsah in order to reach the changing reality of today's new world order without losing its substance. 57 It becomes urgent to integrate the normativity of the text with the context of reality. Sahal Mahfudz states that fiqh as a text to answer the solution for a problem is not enough. It should also aims to answer social issues. 58 On the other hand, the concepts of reinterpretation and re-actualization are significant in realizing the spirit of al-muhafadzatu bi qadimi al-shaleh wal akhdzu bi Jadidil aslah (preserving the old that is still good and taking the new that is better).
The Islamic adage Sholihun fi Qulli Zaman wa Makan (relevant for all times and places) will then only become jargon or mere ideal if Islamic law cannot overcome the existing problems. 59 Islamic countries such as Iran, Iraq, Afghanistan, Syria, and others currently contribute to the negative index and decline of Islamic political thought. Sometimes, Islamic thought is used as a subject of antagonistic suspicion in international politics. Thus, the concepts of Fiqh Al-Siyāsah have not shown their authority. 60 According to some experts, this is motivated by the failure to rightly interpret the Fiqh Al-Siyāsah translation.Therefore, the resulting interpretation is contrary to the reality of Islam as the religion of peace . However, there is indeed intervention and attempts by the superpower state hegemony behind it. 61
The challenges of globalization provide facilities for humans to continue to develop rapidly. This challenge can also create various kinds of conflicts, such as economic disparities and social interests based on global competition. 62 In this section, the existence of Islamic law as a conciliation narrative in presenting a win-win solution is essential. The conflicts in the Middle East, as the case studies are portrayed with various representations, construct Islamic conflicts with a sectarian emphasis on Islam and an ethnic face as a function of authoritarian politics. 63 The concept of Islamism, which substance fails to understand and lacks adaptation, is the reason of the problem. It is a contradiction between the Islamic position of rahmatan lil alamīn (providing grace to all mankind and the environment) and the Islamic conflict. Substantial ideas from Muslims are needed to address this reality. Thus, Islamic values can be maintained as a solution to the challenges. 64
The United Nations (UN), as an international organization for more than 75 years, shaped the world that exists today. The UN is consistently expected to respond to global issues, including conflicts between countries. To do so, the UN uses the legality of the United Nations (UN) Charter. The United Nations has a central role in bridging multilateral diplomacy. Accroding to a report, 193 countries in 2020 joined the UN. 65 This eminent UN position makes the UN Charter as the highest international norm. 66
The spirit of peace upheld by the UN also relates to Islamic law in individual and social conflicts. For example, the conflict between husband and wife, as the micro conflict, is mentioned in the Qur'an Surah An-Nisa' verse 128. The verse explains that making peace is better (al-sulhu khair) 67. Furthermore, verse 35 in the same Surah advocates to create peace in the family. For specific conflicts between husband and wife, such as divorce, 68 Islamic law offers a solution to send a reconciling "judge" from both parties. 69. Hence, the question arises here is that what should be done during the conflict between two countries?
These two verses, from the perspective of Fiqh Al-Siyāsah with the theory of qiyas aulawi (qiyas of higher order), of course, will make the orientation of the interpretation more comprehensive. 70 In the case of a minor conflict where an impact is experienced by a husband and wife, the Qur'ān orders carrying out of peace conciliation. Then, based on the logic of qiyas (analogical reasoning) towards major disputes between countries, there is more urgency to carry out peace conciliation.
In essence, Fiqh Al-Siyāsah has an essential role in the political culture of Islam. 71 Fiqh Al-Siyāsah is not just a system of belief and worship but exists as a system to manage society and the state towards the prosperity and progress. There is not a single suggestion or command in the Islamic Sharī'a that wants people to be in conflict, decline, and destruction. Therefore, the views that speak in the name of Islam but bring about problems should strongly be assumed as a misunderstanding in the interpretation of Islamic teachings.
According to the perspective of Fiqh Al-Siyāsah viewed from the Fiqh Al-Ḥaḍarah, the position of peace discourse contained in the UN Charter has a strong foundation based on the Qur'ān and the Hadīth of the Prophet. The sahih hadīth stated that, "Peace is recommended among Muslims except for peace that forbids what is lawful or justifies what is unlawful. And Muslims may determine conditions except for conditions that forbid what is lawful or justify what is unlawful." 72 Abdul Muhsin Ibn Abdullah commented that the hadīth is the basis of shar'i (Islamic law). According to scholars, the obligation is to accept peace treaty agreements between Muslim and non-Muslim entities or communities. 73
Based on the naqli or 'aqli (scripture or reason/knowledge), the argument is a strong legitimacy basis for making the UN Charter a bridge to spread the world peace. The perspective of Fiqh Al-Ḥaḍarah today wants the participation of every Muslim in the world in carrying out the obligatory world peace. This obligatory law through the rules of fiqhstates "lil wāsāil hukmul maqāṣid" which means the intermediary has the same law as the intention. Therefore, if a prolonged conflict is the cause of the destruction of citizens' lives, the solution to avoid this destruction is peace.Under such circumstances, choosing peace is legally obligatory. If peace between countries can come from the UN authority, then the participation of Muslims in conveying the idea of peace diplomacy at the UN is also an obligation.
The role of Muslims in the UN is limited. The strategic position of UN members is a result of Western domination which includes the United States, Britain, and their allies. 74 Hence, the idea of world peace is constructed according to their vision. Today's Muslims are only spectators and must accept the already decided policies. Human rights is an instrument of global political policy that is often politicized and only benefits countries that are in control of the United Nations. 75
Muslims are expected to be able to provide solutions and projections to existing problems based on Fiqh Al-Haḍarah. The discourse can be used as a strong perspective to face global dynamics and challenges in the 21st Century. The discourse on Fiqh Al-Ḥaḍarah should rethink the concept of fiqh that addresses the needs of Muslims today. It is a high time to elevate the fiqh talks from just being a term to discuss ritual matters. Although the problems and terrain may be different, future fiqh perspectives should be able to strengthen the Islamic Shari'a in the truest sense. 76
The Islamic state, with the Khilafah system in the past, should not be understood rigidly based on textual analysis but must also be applied to social conditions. In this case, Fiqh Al-Siyāsah, from the perspective of Fiqh Al-Haḍarah, as a thought about the benefit of the people, must be actualized and re-contextualized in the current reality. It can create benefits between the people and the state and even between the state and other countries. It means that the discourse on Fiqh Al-Siyāsah that existed in the past must be represented in an ideal and well-established form so that Islamic Sharī'a and rahmatan lil alamīn (providing grace to all mankind and the environment) can exist. If it is not implemented, the logical consequence is that the today's Muslims have failed to apply Islamic teachings which are relevant to all situations and conditions or "shalihun fi kulli Zaman wa makan." 77
The findings in this research indicate that the actualization and recontextualization of Al-Siyāsah Fiqh in a direction that is more relevant to the context of today's reality can lead the world's Muslim community to make the religion Islam a solution for peace. Therefore, the discourse on Fiqh Al-Siyāsah today must be orbited and actualized into a comprehensive idea in campaigning for a world peace revolution. Efforts to present solutions to several worrying realities of conflict, such as those in the Middle East, cannot be resolved by relying only on UN peacekeeping efforts. The United Nations peace charter requires strong Islamic Sharī'a legitimacy to convince the world's Muslims that peace is an order and obligation for every Muslim and non-muslim. The idea of Fiqh Al-Ḥaḍarah which was enlivened by Nahdlatul Ulama at the International Fiqh Conference, leads the civilization to the conception and thought of Fiqh Al-Siyāsah that can be developed and projected as a general necessity. The implications of this study recommend that the recontextualization of Fiqh Al-Siyāsah is essential to carry out. It also needs to receive joint attention from all the global Muslim intellectual circles. For this reason, it is appropriate that the notion of civilizational fiqh " Fiqh Al-Ḥaḍarah " must be followed up and developed for further research as an effort and joint endeavor to present Islamic Sharī'a as a diplomatic solution for the world peace.
The author of the manuscript has no financial or non-financial conflict of interest in the subject matter or materials discussed in this manuscript.
The data associated with this study will be provided by the corresponding author upon request.
This research did not receive grant from any funding source or agency.
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[1]Ruairidh Wood, "Promoting Democracy or Pursuing Hegemony? An Analysis of US Involvement in the Middle East," Journal of Global Faultlines, 2019, https://doi.org/10.2307/j50018794.
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[7]Ahmet Kuru, Islam, Authoritarianism, and Underdevelopment: A Global and Historical Comparison (Cambridge: International Institute of Islamic Thought, 2022), 81.
[8]Choirur Rois, Farhan Masrury, and Arfad Zikri, "Fiqh Al-Ḥaḍarah from a Geopolitical Perspective: The Idea of NU's Peace Diplomacy Through the Recontextualization of Political Jurisprudence," An-Nida' 47, no. 1 (2023): 55-72, https://doi.org/10.24014/an-nida.v47i1.25330.
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[10]Erkan Toguslu, "Caliphate, Hijrah and Martyrdom as Performative Narrative in ISIS Dabiq Magazine," Politics, Religion and Ideology 20, no. 1 (2019): 94-120, https://doi.org/10.1080/21567689.2018.1554480.
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