PESANTREN AND THE FREEDOM OF

THINKING: Study of Mahad Aly Pesantren

Sukorejo Situbondo, East Java, Indonesia

Hatim Gazali & Abd. Malik

Center for Religious and Cross Cultural Studies (CRCS) Gadjah Mada
University, Yogyakarta, Indonesia

Abstract
Various studies on Pesantren have been conducted through various lenses and
perspectives; however, its attractiveness is still there. In some points, the pesantren
is well known as a conservative institution in which freedom of thinking is
limited. This article is willing to show that not all pesantrens limit their
students freedom of thinking. One of them is Mahad Aly (higher education),
one of the education institution in Pesantren Salafiyah Syafiiyah Sukorejo
Situbondo which focuses its teaching on fiqh. Fiqh, or Islamic jurisprudence,
is one of the branches of Islamic science. In some pesantrens, the teaching
of fiqh is limited to one school or madhhab, particularly school of Shafii.
However, in Mahad Aly, not only one school of thought is taught, but fiqh
of four schools of thought. It shows a high tolerance and respect for differences.
In order to seek a new ingredient in formulating Islamic law, the teaching of
fiqh is combined with other sciences such as philosophy, sociology, and
anthropology. This new ingredient produces a rich discourse of fiqh and
widens its scope of discussion to include to religious relationships, gender,
human rights, ecology, and other contemporary issues such as interfaith marriage,
the possibility of a non-Muslim being president, and the role of women in the
public sphere. Looking from the curriculum, the method of teaching, and the
publication of bulletin of Tanwirul Afkar, this article proves that freedom
of thinking is well-maintained at Mahad Aly.
Hatim Gazali & Abd. Malik

Key Words: Mahad Aly, freedom of thinking, and pesantren.

A. Introduction

.. Aneh, mengapa berpikir hendak dibatasi.

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

Some researchers and scholars look at pesantrens (Islamic boarding

school) as backward education institutions in which there is only the
study of classic texts of Islamic resources, like kitab kuning2 (yellow
books), and students wear sarung, 3 and so pesantrens are for the
traditionalist.4 The pesantren is usually led by a kiai (Muslim boarding
school cleric), assisted by a number of his senior santri5 or family
members. The pesantren is an important part of the kiais life, as a medium
to expand his preaching and influence through his teaching. Some
observers, like Martin Van Bruinessen, say that the pesantren is a unique
education institution that has deep roots in Indonesian tradition. As a
traditional institution, usually found in small villages, pesantren surely

1
Ahmad Wahib, Pergolakan Pemikiran Muslim (Jakarta: LP3ES, 2003), p. 23
2
Kitab kuning is Islamic book that is yellow in color and usually from the
Middle East. Martin van Bruinessen, Pesantren and Kitab Kuning: Maintenance and
Continuation of a Tradition of Religious Learning, in: Wolfgang Marschall (ed.),
Texts from the Islands: Oral and Written Traditions of Indonesia and the Malay World (Berne:
University of Berne, 1994), p. 121.
3
Sarung is dress code in Indonesia, which many santris use it.
4
The distinction between traditionalist and modernist reveals a confused
meaning. However, these terms have been accepted to show the Nahdlatul Ulama as
traditionalist and the Muhammadiyah as modernist. These distinctions are based on
different views of Islam. However, some modernists recently also build pesantren.
5
Santri(s) are the students of a pesantren. This category differs from Geertzs
term when he researched Muslim in Java.

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 Pesantren and the Freedom of Thinking

have made a great contribution to empowering civil society6 by helping

the poor get education and guiding the religious understanding of
society.7
The pesantren is the oldest Islamic education institution in
Indonesia. The pesantren, therefore, has had a great involvement in
empowering Indonesians education. However, besides being an old
institution of Islamic mission (dawa), the pesantren is also well known as
a conservative institution in which freedom of thinking is limited. The
basic reason for this is to save Muslims from a wrong understanding of
Islam that leads to becoming an infidel. Because of this, some Muslim
scholars proclaimed the close of ijtihad (qafl ba>b al-ijtiha>d).
Furthermore, the image of pesantrens nowadays is very negative.
The various terrorist bombings in Indonesia are committed by people
graduated from pesantrens. Ali Imran, Ali Ghufron, and Amrozi, the Bali
bombers, are from the pesantren of Al-Islam, Lamongan. In addition,
Abu Bakar Baasyir, the allegedly leader of Jamaah Islamiyyah, which is
claimed to be a terorist organization, is leader of Pesantren al-Mukmin
Ngruki, Solo, Central Java.8 Because of this, realizing that the majority

6
In Indonesia, the term of civil society is well known, at least, as (1) masyarakat
sipil; one of the books using this term is Mansour Fakihs Masyarakat Sipil untuk
Transformasi Sosial: Pergolakan Ideologi LSM Indonesia, (Yogyakarta: Pustaka Pelajar, 1995);
(2) masyarakat kewargaan/warga, a term coming from AIPI (Asosiasi Ilmu Politik
Indonesia, Indonesian Politics Association); and (3) masyarakat madani; a term used
firstly by Anwar Ibrahim, former Prime Minister of Malaysia, and then Nurcholish
Madjid disseminates this term in his article, Menuju Masyarakat Madani, Ulumul
Quran (No. 2 VII/1996).
7
M. Syafii Anwar describes three perspectives: theological, historical, and
sociological. In the theological perspective, pesantren contributes pluralism and
multiculturalism views such as the using of different genres of kitab kuning. In the
historical one, pesantren is the oldest Islamic education institution, and made a great
contribution to Indonesian independence. And, in the sociological one, pesantren is
an agent of social change. M. Syafii Anwar, Uncovering the Wisdom of Pesantren
for Multiculturalism, ICIP Journal, Vol. 4, (No. 1, June 2007), p. 1-2.
8
Syarif Hidayatullah has research on three pesantrens, al-Mukmin Ngruki, al-
Islam Lamongan, Ihyaussunnah Yogyakarta, entitled Pesantren and Religious
Radicalism, presented in the seminar of Gadjah Mada University Research Cluster
for GMUs 57th Anniversarry, conducted by the office of Deputy Rector for Research
and Community Service on November 28, 2006 in Yogyakarta.

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Hatim Gazali & Abd. Malik

of terrorists were pesantren alumni, after the second Bali incident on

October 1, 2005, Vice President of Indonesia, Jusuf Kalla, announced
that the government was planning to monitor the activities of the
pesantrens. This has provoked many responses, especially from religious
leaders, either pro or contra, about this controversial decision. Some of
them think that this plan is a clear indication of the governments
intervention in pesantrens. At the same time, some people also consider
the fact that the majority of terrorists graduated from pesantrens.
One of the reasons for bombing is an interpretation of the Qura>n.
The textual interpretation of the Qura>n, to some extent, leads someone
to be a terrorist. The doctrine of jihad, for instance, is often used to
legitimate the bombings and suicide. One meaning of jihad is holy war
(al-qita> l ). However, it has many other meanings. Terrorists and
fundamentalists9 deny the freedom of thinking in interpretating the
Qura>n. As well, Pesantren al-Mukmin Ngruki denies the freedom of
thinking.
Observing this kind of pesantren, like al-Mukmin, denying terrorists
freedom of thinking, and the issue of the close of the ijtiha>d, I would
like to research one pesantren in East Java, Situbondo, as an example of a
pesantren that promotes freedom of thinking. As a specific subject, I will
focus on one institution in that pesantren, namely Mahad Aly. When we
observe the curriculum, method of teaching, and its weekly bulletin,
Tanwirul Afkar, we will find how this institution promotes freedom of
thinking.

B. Pesantren: its Characteristic and Typology

Nowadays, there are many pesantrens developed in Indonesia, not
only in Java but around this country. Pesantren doesnt only indicate an
education institution for the traditionalist, since the modernist now also
builds pesantren. Some observers, like Martin van Bruinessen, say that
the pesantren is a unique education institution that has deep roots in
Indonesia tradition. For that reason, the pesantren can be called a typical

9
There is no single meaning of fundamentalism. Bassam Tibi states that
fundamentalism is more than extrimism and terorism; Bassam Tibi, Ancaman
Fundamentalisme, Rajutan Islm Politik dan Kekacauan Dunia Baru, trans. Imron Rosyidi,
et.all., (Yogyakarta: Tiara Wacana, 2000), p. xii.

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education institution in Indonesia, because in some aspects, pesantrens

are different from other traditional institutions in the Islamic world.
However, on the other hand, pesantrens have an international orientation
with Mecca as its central orientation.10 This consideration is based on
the fact that some pesantrens imported many classic Islamic books from
Mecca and other countries in Middle East to be the main source of its
teaching. Moreover, those books, called kitab kuning,11 have been accepted
as legitimate sources of teaching in pesantrens.
The main purpose of a pesantren, as Bruinessen explains, is:
. the transmission of traditional Islam as laid down in scripture, i.e.,
classical texts of the various Islamic disciplines, together with
commentaries, glosses and super commentaries on these basic texts
written over the ages. These works are collectively known, in Indonesia,
as kitab kuning, yellow books, and a name that they owe to the tinted
paper on which the first Middle Eastern editions reaching Indonesia
were printed.12
In a pesantren, the truth of kitab kuning is regarded as absolute
knowledge and untouchable; it can only be explained and commented
on. All truths in those kitab kuning have been accepted as final knowledge
that cannot be changed in whatever context. There have been many
efforts from later ulama to reinterpret the tradition, but these works
cannot pretend to offer more than summaries, explications or
rearrangements of the same. Even radical [re]interpretations of the
classical texts are not acceptable.
For that reason, modernists and reformists refuse the kitab kuning
and prefer to directly interpret the Qura>n and h}adi>th as the main sources
of Islamic knowledge. Modernists state that the gateway is still open.
On the contrary, for traditionalists, the gateway of interpretation is closed
and they can only refer religious matter to kitab kuning. Therefore, the

10
Martin van Bruinessen, Kitab Kuning, Pesantren, dan Tarekat: Tradisi-tradisi
Islam di Indonesia (Bandung: Mizan, 1999), p. 21.
11
A deeper observation about this subject can be read in Bruinessens books.
12
Martin van Bruinessen, Pesantren and Kitab Kuning: Maintenance and
Continuation of a Tradition of Religious Learning, in Wolfgang Marschall (ed.),
Texts from the Islands: Oral and Written Traditions of Indonesia and the Malay World, (Berne:
University of Berne, 1994), p. 121.

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tradition of the pesantren cannot be separated from kitab kuning, an

important element within it.
As an Islamic educational institution, pesantrens taking on a role in
spreading and empowering Islamic society has a long history. Pesantrens
are usually run by a kiai, assisted by a number of his senior santri or
family members. The pesantren is an important part of the kiais life, as a
medium through which he expands his preaching and influence by his
teaching. Therefore, kiai becomes a central power as well as the owner
of the institution.
In the pesantren system, there are several interconnected elements.
The first is the kiai, the main factor through whom the pesantren system
is established. He is the person who underpins the system. Secondly,
there are the santris, which are the students who learn Islamic knowledge
from the kiai. The third element is the pondok, a dormitory system
provided by the kiai to accommodate his students. A pondok is usually a
simple form of accommodation and has few facilities. The pondok usually
consists of shared rooms, with one room being occupied by five to ten
santris. The pesantren, therefore, is comprised of a housing complex, which
includes the houses of the kiai and his family, some pondoks, and teaching
buildings, including a mosque. The fourth element of the pesantren is
the lesson material or commonly called kitab kuning, as mentioned above.
By these characteristics, pesantren emerged as typical education institutions
in Indonesia.
The other uniqueness of the pesantren traditon is its system of
learning. As explored by Zamakhsyari Dhofier (1982), the pesantren usually
uses a traditional system of learning. There are various techniques of
teaching, but the most commonly used are bandongan and sorogan. Sorogan
is a kind of religious teaching in pesantren that is conducted by either the
kiai or his senior santri (ustadz). Many santri attend a mosque to listen to
the reading of kitab kuning conveyed by the kiai. Santri attendance does
not depend on either their level of knowledge or their age. The system
doesnt recognize stages, or hierarchies, or classes. Although many
pesantren have recently adopted the modern system with classes and stages
of curricula, the oldest system is still used in some pesantren.
Some observer said that the pesantren is an education institution
that is difficult to change. In some aspects, that assertion may be true

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because the pesantren community consider kitab kuning as a reliable source

that cannot be changed. Santri and kyai accept the content of kitab kuning
as an infallible source to reach religious knowledge that is suitable for a
long time. But at the same time, the pesantren doesnt maintain a strictly
exclusive view. It can be seen that pesantren are capable of accommodating
and adopting local culture and tradition.13 Pesantren, then, can combine
Islamic thought with local knowledge. This acceptance shows its
characteristic as a moderate and tolerant institution. In another aspect,
this accommodation teaches santri to be tolerant of diversity.
According to Abasri,14 there are three types of pesantren. First,
there is the traditional pesantren which still maintains traditional values,
without prominent inovation. This kind of pesantren usually still exists in
villages and isolated areas. Second, there is the post-traditional pesantren.
The character of this pesantren, on one hand, has adopted the modern
education system, while on the other hand still maintains some
characteristics of the traditional pesantren. The method of teaching in
this kind of pesantren is modern, but still uses kitab kuning. Third, there is
the modern pesantren. This kind of pesantren has significantly changed
both the education systems and structure of the pesantren.
Following this typology, in Pesantren Salafiyah Syafiiyah Sukorejo,
Mahad Aly has built a traditional pesantren. The term Salafiyah refers
to traditional, in contrast to khalafiyah. However, observing the several
institutions found in pesantrens, this pesantren is modern, because this
pesantren not only teaches Islamic studies but also modern sciences. This
pesantren runs a university (IAII, Insitute Agama Islam Ibrahimy, Akademi
Kelauatan), and school, from elementary school to senior high school.
The references which are used in this pesantren are not only kitab kuning

13
For the modernist, this accommodation will be called a heterodox action
or bidah. Like Muhammadiyah, reformist groups tend to purify Islam from local
beliefs. On the contrary, pesantrens still maintain local culture and collaborate with
Islamic teaching. This collaboration can be seen in the ritual of, for instance, tahlilan
that illustrates the belief of Javanese people about spirit after death.
14
Abasri, Sejarah dan Dinamika Lembaga-lembaga Pendidikan Islam di
Nusantara: Surau, Meunasah, Pesantren, dan Madrasah, in Samsul Nizar (ed.), Sejarah
Pendidikan Islam: Menelusuri Jejak Sejarah Pendidikan Islam Era Rasulullah sampai Indonesia
(Jakarta: Prenada Media Group, 2007), p. 289-90.

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but also several other references, as well as other modern institutions.

C. Islamic View on Freedom of Thinking

God reveals all religion to human beings as homo sapiens (al-
h}ayawa>n al-na>t\iq), not to animals. This is because human beings have
reason which can interpret Gods revelation. This is the excess of human
being rather than others. The Holy book that was revealed many years
ago in a certain context is impossible to understand by human beings
without reasoning toward it. How can the Qura>n answer and solve
contemporary problems, when the Qura>n did not discuss it?
Since religion (the Qura>n came to homo sapiens, it means that
God wishes His verses to be read, understood and interpreted. Therefore,
reason has an important position in Islam. Even, Fakhruddin Al-Razi in
Mafa>tih} al-Ghayb stated:15
How can al-aql be Gods apostle to His creation; if there is no
reason (al-aql), so the rule will not be arranged. Reason is the real apostle.

This statement clearly shows how important reason is. Therefore, without
reason, religion is useless. It is important that this statement is
interpretation of the Qura>n surat 16:36; And certainly We raised in
every nation an apostle saying: Serve Allah and shun the Shaitan. So
there were some of them whom Allah guided and there were others
against whom error was due; therefore travel in the land, then see what
was the.end of the rejecters.
Moreover, in the methodology of Islamic jurisprudence (us\ul> al-
fiqh) of Ima>m Ma>lik, reason has the competence to borrowing Imam
Syafiis term takhs\is> \ (make more specific) the Qura>n (takhs\is> \ bi>l-aql).
In Fas\l al-Maqa>l fi>-ma> baynal-H{ikmah wal-Shari>ah minal-Ittis\al> , Ibn Rushd
stated: if someday there is a doctrine contradicting human reason, the
doctrine has to be reviewed by the method of tawi>l. Therefore, all

15
Fakhruddin Al-Razi, Mafa>tih} al-Ghayb, (Beirut: Da>r al-Fikr, 1993), juz x,
p. 175.

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doctrines of religion must be rational and reasonable. Surely, some aspects

of religion that are irrational are taken for granted, such as why Muslims
must do s\ala>t.
Mentioned by God, the Qura>n is the book of guidelines (2:185,
6:71, 7:52, 16;89) for all creation. As a guideline, the Quran surely did
not mention everything in detail. For instance, justice must be struggled
for, but it did not mention the model, form of justice. For details, Allah
utterly believes in human beings to interpret it. This can be read from
the pronouncement of the Qura>n in repeatedly questioning, are you
witless, do you not understand?, etc. For that reason, reason became
the guidance for Gods revelation in order to seek and determine
everything specifically.
Muslims believe that Gods revelation stopped, while the situation
is always changing, uncontrolled by religion. If Gods revelation is
interpreted literally, definitely it will not be significant anymore. It is the
duty of human beings, as khit\ab> (object) of the Qura>n, to contextualize
the Qura>n in contemporary society. Detailed rules which are ordered by
the Qura>n must be arranged by human beings.
The mandate of human beings as a khali>fah (caliphate) reinforce
human beings as responsible to the Qura>n, whether it is interpreted
literally, with the consequences of the loss of contextual meaning, or
contextually. If we choose the method of literal interpretation, we surely
kill the Qura>n, because the Qura>n came in a certain era (prophetic
era), meanwhile the situation and conditions have changed. Therefore,
in order to keep the meaning of the Qura>n, we have to choose contextual
interpretation. Doing this interpretation is, I think, the meaning of the
verse inna> nah}nu nazzalna>dh-dhikra wa-inna> lahu> la-h}af> iz}un> . Using inna> and
nah}nu indicates the involvement of human beings in keeping the Qura>n.
Meanwhile, the term of la-h}af> iz}un> is not only keeping the text of the
Qura>n but also its meaning and significance.
One of the reasons why we have to choose the contextual
interpretation is that in interpreting the Qura>n, the readers (human
beings) have authority to interpret it. Ali> b. Abi> T|al> ib stated that the
Qura>n is not talking, but the reader speaks it (al-Qura>n bayna daffatay al-
mus\h}af, la> yant\iqu, wa-innama> yatakallamu bihir-rija>l). Therefore, the
interpretation of the Qura>n is valid as long as it follows the rules of

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interpretation (qawa>id al-tafsi>r) and universal values such as humanity,

justice and benefit (mas\lah}ah). Due to the freedom of thinking, there
are many tafsi>rs which are different from one to another.

D. Mahad Aly and the Atmosphere of Freedom of Thinking

Mahad Aly is one of the education institutions in the Pesantren
Salafiyah Syafiiyah Sukorejo Situbondo16 whose teaching focuses on
fiqh. Not all santris in the pesantren can study in this institution. Santri
who want to study in this institution must do exercises till they are
considered qualified and reliable to study in the institution. The very
strict recruitment shows that the institution tends to create professional
and expert students of fiqh. For this reason, the institution is called
mahad aly, a higher institution.
Mahad Aly was established in 1989 when K.H. Asad, the founder
of Pondok Pesantren Salafiyah Syafiiyah, and some ulama realized the
lack of experts of fiqh in many pesantrens. This condition motivated K.H
Asad and the others to establish an institution concerned with fiqh. Fiqh
as an approach became a unique characteristic of the institution in which
students use fiqh as an approach to see the complexity of reality. Is it
possible?
Fiqh, or Islamic jurisprudence, is one of the branches of Islamic
science. For a long time, fiqh has been a great science and dominant in
Islam. It is not surprising because, as Bruinessen describes, fiqh
determines concrete implications for daily life for Muslims, as individuals
or as a group.17 Its study encompasses all practical dimensions of Islam,
including how to pray well, fast, go on pilgrimage, trade, be in debt,
have a good attitude to others, etc. However, classic fiqh on how to face

16
Salafiyah Syafiiyah is the name of the pesantren, but it is also known as
pondok pesantren Sukorejo, referring to the name of village where it is established.
The pesantren is located in Sukorejo, Situbondo, East Java. The founder of the pesantren
was K.H Samsul Arifin, Maduraness people, who migrated from Madura to Situbondo.
After his death, the leader of the pesanrten was his son, KH Asad Syamsul Arifin,
known as one of the popular ulama from the Nahdlatul Ulama. Today, the pesantren is
led by K.H. Fawaid Asad, the third leader. The data on pesantren Sukorejo and Mahad
Alyin this paper is drawn from the book Pedoman Santri Baru Pesantren Salafiyah Syafiiyah
Sukorejo Situbondo (Situbondo: As-syarif Press, 1999 ).
17
Martin van Bruinessen, Kitab Kuning, p. 112.

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other people with a different religion and belief is seldom found. Classic
fiqh used in many pesantrens only cover observance (ubu>diyyah) and social
matters (muamalah).
Nevertheless, Mahad Aly uses fiqh as the central aim and approach
to face any problem in society. In some pesantrens, the teaching of fiqh is
limited to one ulama school or madhhab. The popular madhhab is Shafiite.
Unusually, in Mahad Aly, fiqh reference books are not trapped in one of
these schools of thought. Kita>b al-Fiqh ala> Madha>hib al-Arbaah (Fiqh of
Four Schools of Thought) is used to broaden perspectives. This acceptance
actually contains clear signs of high tolerance and respect for differences
that occur between the four schools of thought. For this, Mahad Aly
gives the sage words of the prophet of Islam who repeatedly told us all
ikhtila>f al-aimmah rah}mah, the difference between leaders is a mercy.
Bruinessen describes the preference of kitab kuning or classical
text in pesantrens as unchangeable. This means that for a long time
pesantrens have only learned and repeated the same texts. Bruinessen
arranged systematically the reference texts of fiqh used in pesantrens, such
as Taqri>b, Ia>nat al-T|al> ibi>n, Fath} al-Qari>b, Kifa>yat al- Akhya>r, al-Iqna>, Baju>ri>,
and others. All of these books are classic books that were created about
15 century ago. Of course, the area covered by those books was limited
to only ubu>diyyah and mua>malah and there is very little explanation about
religious relationships. Because those books were arranged and produced
long ago, some ulama in Indonesia are trapped in literal interpretation.
They use kitab kuning as the sole basis for deciding the rule and law for
recent times without considering the context of when these books were
produced.
Unlike the description of pesantrens found in Bruinessen, however,
Mahad Aly provides some new reference texts and these are not only
limited to Islamic books. In its library, there are many books related to
other sciences, like philosophy, sociology, and anthropology. This means
that Mahad Aly tends to seek a new ingredient in formulating Islamic
law. Combining fiqh with other sciences has produced a rich fiqh discourse,
interacting with social problems, that cannot be found in other pesantrens
and classic texts. As we will see in its bulletin, Mahad Aly expands its
fiqh to include the widest domain of social matters include religious
relationships, gender, human rights, ecology and other contemporary

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issues.
In 2002, Mahad Aly was legalized by the Ministry of Religious
Affairs as having an equal degree status with the Masters program in a
university. Students who graduate from this institution get an MHI
(Master Hukum Islam or Masters in Islamic Law). This equality
establishes Mahad Aly as a modern education institution operating within
a traditional pesantren.

1. Curriculum
The education implemented at Mahad Aly is based on a curriculum
which is compatible with the program of Fiqh-Us\ul> Fiqh. Therefore, the
core courses are comparative fiqh (worship, politics, criminal, civil, and
mua>malah), Ulu>mu al-Qura>n, Tafsi>r al-Ah}ka>m, Ulu>m al-H{adi>th and H{adi>th
Ah}ka>m, Ta>ri>kh al-Tashri> wal-Qad}a, H{ikmat al-Tashri> wa-Falsafatuh, the
History of Madha>hib al-Fiqh, al-Masa>il Fiqhiyyah, the philosophy of Islamic
law, research methodology of Islamic law, al-Qawa>id al-Fiqhiyyah I & II,
Sociology of Islamic law, Muqa>ranat Qawa>id al-Ah}ka>m, Islamic law in
Indonesia, and contemporary Islamic thinking I & II. Meanwhile, the
secondary courses include the history of Islamic civilization I & II, the
history of Islamic thinking I & II, the development of Modern thinking
in Islam, Ahl al-Sunnah wal-Jama>ah, Islamic mysticism I , II & III, and
Islamic philosophy. In addition, the supplemental courses include a thesis,
the development of Islam in the West, Sociology, and Methodology of
Islamic studies.
The core courses are based on books, which are usually read by a
lecturer of Maad Aly, or books which have to be referenced (al-kutub al-
muqarrarah) by the student in the writing of a paper as outlined in class
discussion for core or secondary courses. Those books can be classified
depending on the subject of knowledge. First, fiqh, covers the kita>b of
Tah}ri>r Tanqi>h al-Lubab, Fath} al-Mui>n, Minhaj al-T|al> ibi>n, al-Muhadhdhab, Ia>nat
al-T|al> ibi>n, Fath} al-Wahha>b bi-Sharh} Minhaj al-T|ulla>b, al-Fiqh ala> al-Madha>hib
al-Arbaah, Tuh}fat al-Muh}ta>j, Fiqh al-Sunnah, Bida>yat al-Mujtahid, and Niha>yat
al-Muh}taj. Second, Us\ul al-Fiqh, includes the kita>b of Ilm Us\ul> al-Fiqh
(by Khalla>f), Us\ul al-Fiqh (by Abu> Zahrah), Jamul Jawa>mi, al-Mustas\fa>
min Ilm al-Us\ul> , al-Muwa>faqa>t fi> Us\ul> al-Ah}ka>m, al-Risalah, Rawd\at al-Na>zi} r
wa-Jannat al-Muna>zi} r, al-Itis\am> , Us\ul al-Fiqh al-Islami>, al-Mahs\ul> fi> Ilm al-

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Us\ul> , Irsha>d al-Fukhu>l, al-Ih}ka>m fi> Us\ul> al-Ah}ka>m lil-Am

< idy, and al-Fikr al-
Us\ul> i>. Third, Qawa>id al-Fiqh, includes the kita>b of al-Ashbah wal-Naz}a> ir
lil-Suyu>t\i>, al-Ashbah wal-Naz}a>ir li-Ibn Rajab al-H{anbali>, al-Ashbah wal-
Naz}a> ir li-Ibn Nujaym al-H{anifi>, al-Ashbah wal-Naz}a> ir lil-Subki>, al-Qawa>id
al-Fiqhiyyah li-Ali> Ah}mad al-Nadwi>, and Athar al-Ikhtila>f fi> al-Qawa>id al-
Us\ul> iyyah fi> Ikhtila>f al-Fuqaha>. Fourth, Ulu>m al-Tafsi>r, Tafsi>r Ah}ka>m, and
Ulu>m al-Qura>n, includes the kita>b of Rawa>i al-Baya>n, Ah}ka>m al-Qura>n
lil-Jas\sa\ s> ,\ Ah}ka>m al-Qura>n li-Ibn Arabi>, al-Mara>ghi>, al-Ja>mi li-Ah}ka>m al-
Qura>n, Zubdat al-Itqa>n, Tafsi>r Ibn Kathi>r, al-Itqa>n fi> Ulu>m al-Qura>n, Mah}as> in
al-Tawi>l, Ru>h} al-Maa>ni> fi> Tafsi>r al-Qura>n al-Az}im > wal-Sabi al-Matha>ni>.
Fifth, H{adi>th, Ulu>m al-H{adi>th, and H{adi>th Ah}ka>m, includes kita>b of al-
Bukha>ri>, Nayl al-Mara>m fi> Ah}ad> i>th al-Ah}ka>m, Tadri>b al-Ra>wi>, Alfiyah lil-
Suyu>ti\ ,> and Fath} al-Ba>ri>. Sixth, ethics and Islamic mysticism, includes the
kita>b of Minhaj al-Ab< idi>n, Ih}ya> Ulu>m al-Di>n, al-Risa>lah al-Qushayriyah, al-
Luma lil-Sarra>j, al-Taarruf li-Madhhab Ahl al-Tas\awwuf lil-Kala>ba>dhi>, al-
Munqid minal-D{ala>l lil-Ghaza>li>, and Fus\us> al-H{ikam li-Muh}yiddi>n Ibn Arabi>.
Seventh, beliefs (Aqi>dah), includes kita>b of al-Iba>nah an Us\ul> al-Diya>nah
and Us\ul> al-Di>n. Eighth, history (Ta>ri>kh), includes the kita>b of Ta>ri>kh al-
Tashri> al-Isla>mi>, Ta>ri>kh al-Tamaddun al-Isla>mi>, Itma>m al-Wafa> fi> Sirat al-
Khulafa>, and Ta>ri>kh al-Khulafa>.
Lecturers in this institution are classified into four categories. First,
guest lecturers which are called al-masha>yikh. These lecturers are targeted
to teach in Mahad Aly, one meeting in one semester or at least one
meeting in one year. Al-masha>yikh are KH MA Sahal Mahfudh, Prof.
KH. Alie Yafie, KH Maimun Zubair, KH Abdurrahman Wahid, Prof.
Dr. Quraisy Syihab, MA, KH. Muhammad Thalhah Hasan, KH Dr.
Abdul Muhith Abdul Fattah, Dr. KH. Noer Iskandar al-Barsany, M.A,
KH Maruf Amin, KH. Drs. Malik Madani, MA., and KH. M. Tijani
Jauhari, M.A.
Second, there are monthly lecturers, called al-asa>tidhah, who are
expected to teach once a month or at least once in three months. They
are KH Drs. Masdar Farid Masudi, MA., Prof. Dr. Said Aqiel al-
Munawwar, M.A, Prof. Dr.KH. Said Aqiel Siradj, M.A, Prof. Soetandyo,
KH. Drs. Nadhir Muhammad, MA., KH. Drs. Yusuf Muhammad, M.A,
and KH. Drs. Muhyiddin Suwondo, MA.

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Hatim Gazali & Abd. Malik

Third, are weekly (regular) lecturers. These lecturers are expected

to give lectures once a week or at least once in one month. These lecturers
include Prof. Dr. Sjeich Hadi Permono, SH., KH. Abdul Muchith Muzadi,
KH. Drs. Afifuddin Muhajir, MA, KH. Drs. M. Hasan Basri, L.c, KH.
Dailami Ahmad, KH Abdullah Muchtar, Lc., KH Hariri Abd Adhim,
KH Masum Syafiie, KH Dhafir Jazuli, KH. Drs. Salwa Arifin, Habib
Hasan Baharun, Dr. Drs. Wawan Juandi, MA., Drs. H. Abu Yazid, MA,
LLM, and KH. Drs. Hasyim Abbas.
Fourth, are assistant lecturers or mushrif. All of the assistant lecturers
must regularly facilitate the informal discussion in Mahad Aly. These
lecturers are the best graduates of Mahad Aly such as Ach. Muhyiddin
Chotib, Drs. Imam Nachaie, M.Ag, and Dedy Wahyuddin, S.Ag.
Observing the method of teaching in Mahad Aly, it is clear that
Mahad Aly provides several kitab kunings. By focusing on us\ul> fiqh, the
student of Mahad Aly has the capability to re-interpret the Qura>n and
the h}adi>th in order to make a new rule of fiqh (ijtiha>d) which is compatible
with current conditions. In addition, the students know the many views
found in the many kitab kunings which are read. Therefore, the different
understandings of Islam found among kitab kunings lead students to
select certain views or events to re-interpret (contextualizing) the Qura>n,
whether in a collective ijtiha>d or personal ijtiha>d. Moreover, the lecturers
of Mahad Aly are well known as liberal and progressive, promoting
freedom of thinking. The regular lecturers and assistants like KH.
Afifuddin Muhajir and Imam Nachaie are well-known as liberal Muslim
thinkers.

2. Method of Teaching
The method of teaching in Mahad Aly starts from the basic ability
to carry out the duties of scholarship, education, guidance, and elucida-
tion in Muslim society, for the purpose of mastering academic ability
(tafaqquh fi>l-di>n) and professional ability (takhas\su\ s\) in the plural society.
There are several methods of teaching in this institution. (1) Speech
and dialogue. The lecturer gives his main thoughts depending on the
syllabus, and then there is a dialogue between students and lecturer. (2)
The method of tadri>s wa-tali>m. This method is used for manuscript
studies. All students regularly read paragraphs of the kita>b and the lecturer

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gives the meaning and explanation of the text read. (3) Method of giving
an assignment individually or collectively. Students must write a paper
on themes chosen by the lecturer. This paper, then, is discussed in the
class through the facilitation of the lecturer. (4) Method of muh}ad> a} rah
a>mmah (studium general) which is usually given by al-masha>yikh on a
certain topic. In this muh}ad> a} rah a>mmah, it is not only followed by the
students of Maad Aly but also the lecturer of Institute of Islamic Studies
of Ibrahimy (IAII) and regular lecturer of Mahad Aly.
Besides that, the students have extra-curricular studies outside
the class. There are three kinds: (1) mudha>karah (muba>ha} thah) or discussing
on Fath} al-Wahha>b (Fiqh) and Jamu al-Jawa>mi (Us\ul> Fiqh). This is done
three times in one week at 06.00-07.45. The mastery to these kitab kunings
is a requirement for being a jurist (mutafaqqih). Although this is
extracurricular, all students are expected to join. In the daily discussion,
students are divided into two classes that are facilitated by an assistant
lecturer; (2) Discussion about fiqh on contemporary problems, which is
called masa>il al-fiqhiyyah al-waqiiyyah. The contemporary problems relating
to the fiqh usually come from outside the pesantren, such as the branch of
NU Situbondo, PWNU East Java, RMI (Rabithah Maahid Islamiyah),
or even PBNU; (3) Study club which is formed independently by
students. In the study club, students have the freedom to discuss
everything. There are at least two kinds of study club: (a) Fokus Kajian
Ushul Fiqh (Fokus), established in 1998, discusses the methodology of
Islamic law as well as some contemporary scholars such Mahmoed
Muhammad Thaha, Abdullahi Ahmed al-Naim, Hasan Turabi, and Jamal
al-Banna; and (b) Pusat Studi Agama dan Filsafat (Pusfa), established in
1998, carries out discussion relating to philosophical issues, either Islamic
or Western. Through this study club, students become familiar with the
ideas of non-Muslim intellectuals such as Mao, Karl Marx, Max Weber,
Durkheim, Nietzsche, etc. To expand and develop the discussion, this
study club sometimes invites experts from outside the pesantren.
The method of teaching in Mahad Aly liberates students to discuss
everything, showing that there is no single understanding on Islam,
because of different interpretations. It proves that students of Mahad
Aly are experiencing freedom of thinking that differs from other
pesantrens which usually give limits to thinking.

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3. Bulletin of Tanwirul Afkar

Tanwirul Afkar [TA] is a weekly bulletin published by santri of
Mahad Aly Sukorejo, that contains elaborations of fiqh interacting with
religious and social problems. Every week TA presents an actual problem
and proposes fiqh as an approach to resolving the problem. TA is evidence
of how the pesantren is able to pose solutions for social problems. To
know how this bulletin appreciates reason, we can see several themes
published.18
Interfaith marriage is no problem. Even though in classical
texts the prohibition of interfaith-married is found, Mahad Aly has a
different interpretation. They state that surely a Muslim may get married
to a non-Muslim. They cite some opinions from contemporary ulama,
like Yusuf Qardlawi, who allow Muslims to have relationships with
others. The prohibition of interfaith-marriage, for Mahad Aly, is a
product of a certain history. In the Muhammad era, being religious also
indicated an affiliation to one group. Under that crucial condition, people
cannot convert to other religions because they will be considered as
murtad. Murtad sociologically means being a defector. Muhammad was
in the process of building a strong community to fight against oppression
in Arab. Therefore, Muhammad forbids Muslims to get married to people
from other religions because it will demolish their faith. For our time,
the condition is different. Muslims can get married to people from other
religions without hesitation because other religions have the same goal
as Islam.
Non-Muslim as the Indonesian President. The most
problematic of TAs edition is the theme of the possibility of a non-
Muslim being president. This issue is not only problematic in an Islamic
context but also in Indonesia, which for a long time has had Muslim
presidents. In every classical text, like fiqh of Abu Yala al-Fara and al-
Maududi, Islam is required as an important element for the candidacy
of a leader. Yet, Mahad Aly contends that the requirement is only for
Islamic countries. Why is Islam an important requirement for a leader?
It is not surprising because Islam has a holistic-integrative view which

18
LKiS book publisher has published most of those themes of bulletins,
entitled Fikih Rakyat: Pertautan Fikih dan Kekuasaan (Yogyakarta: LKiS, 2000).

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 Pesantren and the Freedom of Thinking

never divides everything into religious and secular matters. Consequently,

a leader in Islam, like Muhammad, holds two functions as a religious
and government leader. For this consideration, the requirement is relevant
in that context. However, in Indonesia, the requirement must be changed
because Indonesia is not an Islamic country. The President only manages
and focuses on secular matters. If being Muslim becomes a requirement
of leader, it will negate and discriminate against other religions. Without
hesitation, TA asserts that it is not impossible for a non-Muslim to be
president. Indeed, in Islam, an essential requirement of a leader is the
ability to secure justice and lead the state toward prosperity.
Jesus (Christianity) and Muhammad (Islam) in Dialogue.
The title above is a metaphor of the relationship between Islam and
Christianity. What the santri of Mahad Aly mean by the title is to discuss
the relationship between Islam and Christian from the perspective of
fiqh. In classic fiqh, the position of other religions is problematic. Some
ulama consider other religions as kafir (infidel) and that their followers
must be converted into Islam. In their opinion, Islam is divined as the
last religion that functions to complete others. Therefore, the presence
of other religions was abrogated when Islam came.
By quoting many verses of the Qura>n, santri of Mahad Aly, in
their bulletin, asserts that Islam guarantees the existence of other
religions. Qura>n: Al-Ma>idah, 5:48, states that diversity is willed by God.
Every community has been sent a messenger by God. Furthermore, the
santri explain that there is a close similarity between Christianity and
Islam, in that both are derived from one tradition, the Abrahamic religion,
monotheistic and descendents of Adam. Islam and Christianity are tied
together as one brother to another brother of Arahamic religion, or
brothers in humanity as descendents of Adam. The Qura>n, as the bulletin
expounds, in verse of al-Baqara 62, states that all religions either
Christianity, or Judaism, or Zoroastrianism, will give rewards from their
God. This verse implies an understanding that Islam doesnt only
appreciate the presence of other religion, but also acknowledges the
truth of others. Further, in verse al-Maidah 82, the Qura>n notes that the
closest friend of Islam actually is Christianity (Nasara is the Islamic term
for Christianity).

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Hatim Gazali & Abd. Malik

In short, the bulletin concludes that the relationship between Islam

and Christianity should be continuously maintained in a tone of
peacefulness. There is no reason to see them as essentially different.
Both of them are the same, in either a theological or historical perspective.
Such explanations are never found in classic texts. However, santri Mahad
Aly doesnt only deconstruct the traditional view of fiqh, but also tries
to create a new one.
Women as leader. The role of women in the public sphere is
still problematic. For some ulama, who negate the wider role of women,
contend that women are weaker than men in some aspects. This opinion
is drawn from one popular h}adi>th (a saying of the prophet that Muslims
recognize as a second source of religion after Qura>n) narrated by al-
Bukha>ri> (one of the six popular narrators of h}adi>th) i.e. success will not
be possible for a nation that is led by a woman. This h}adi>th is most
familiar with some ulama who reject the role of women in the public
domain.
Historically, in that time, women were restricted in social life
because the most prestigious role in that era was the ability to fight in
war. The tradition of war makes women into secondary people and the
inability of women to fight in war creates an image of women as weaker.
To some extent, women also cannot attain more access in a social aspect.
Therefore, some classical texts conceived women as weak beings who
are not suitable for participating in the public sphere.
Conversely, Mahad Aly proposes to see the nature of women in
a new perspective. Indeed, Islam is a caring religion for women. The
emergence of Islam deconstructs the oppressive structure by positing
woman as equal to man. However, the struggle of Islam to advocate for
women is a gradual action. For this reason, we are reminded that the gift
of Islam to women in a certain context must be interpreted as a process
to make man and woman equal.
The problematic h}adi>th above must be understood as a product
of history, in a certain context, that cannot be extended to any other
particular context. In recent times, there is no reason to forbid women
to be leaders. In qawa>id al-fiqh (the formula of fiqh), a law will change
because a change of context. In this sense, a law is a product of context.
When the context is different, there will be differences of law. The belief

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that women cannot be leaders reflects the condition in a certain context

in Arabic culture, but it is not applicable to some contexts like Indonesia.
In short, there is no problem for women to be a leader.
The themes above illustrate that students of Mahad Aly are brave
to re-interpret and contextualize the Qura>n, h}adi>th, and kitab kuning.
Because of this, some people sometimes judge that Mahad Aly is liberal
in the sense which Nahdlatul Ulama and Indonesia Ulama council (MUI)
claim liberal as a deviation of Islam. The interpretation of Maahad Aly
is quite different from classical texts that impose the content of the text
on the context. In this sense, context must follow what the text says. On
the contrary, Mahad Aly changes that logic by placing context as
determinant for texts. For Mahad Aly, truth is not fixed and stagnant
because it always changes as far as circumstances change. This principle
becomes a base for Mahad Aly to search continuously for new truth
and negotiate with contested meaning. In this sense, what we know and
believe depends on context. When the context changes, the content of
what we believe probably changes. Therefore, we cannot fully trust what
we know or believe. For this reason, classical texts should be regarded
for comparison not determining Islamic law.

E. Concluding Remarks
Observing the curriculum, the method of teaching and the bulletin
of Tanwirul Afkar, proves that Mahad Aly promotes freedom of thinking.
The curriculum used in this pesantren enables santris to think without
restraint, because the various kitab kunings used, lead the santris to
understand the differences of thought among Muslim scholars. The
access to classic and contemporary kitab kunings elucidate the
development of Islamic studies, which finally go out from dogmatism
(taqdi> s al-afka> r al-di> n iyah). Moreover, Mahad Aly focuses on the
methodology of fiqh (us\ul> fiqh), rather than its products (fiqh), giving the
space to think liberally based on the local situation. In Us\ul> al-Fiqh, reason
(al-aql) has a special position for interpreting the source of law (al-
Qura>n and h}adi>th), contextualize and change the previous laws codified
by Muslim scholars. Furthermore, teachers (usta>dh, kiai) in Mahad Aly
also have a liberal understanding of Islam. Different from Liberal Muslim
activists who have no deep roots in Islamic studies, these teachers

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precisely base their thinking on the kitab kunings, which are often claimed
to be out of date.
The various resources used in Mahad Aly are more powerful when
the method of teaching supports the creation of an atmosphere of
freedom of thinking. The method of teaching emphasizing discussion
allows santris to understand deeper, contextualize and criticize kitab
kunings. This differs from the common method of teaching in several
other pesantrens which still use bandongan and sorogan in which santri have
less space to ask, think and criticize, or know well the banking system.
In Mahad Aly, the student is not a blank cassette that is the teachers
duty to fill.
Due to the curriculum and method of teaching, we can see the
freedom and liberal thinking in the weekly bulletin of Tanwirul Afkar.
The themes of this bulletin are not out of date issues, but contemporary
ones. This is important to say because several publications in other
pesantrens are frequently confined to old-fashioned issues. By ist\inba>t\ al-
ah}ka>m shown in this bulletin, Mahad Aly is brave enough to leave
conventional laws of Muslim scholar. Therefore, this Mahad Aly, I think,
is liberal and unique, different from other pesantrens which usually bind
reason and thinking. Last but not least, by observing Mahad Aly, the
claim that the pesantren is a conservative and backward institution, to
some extent, is misleading.
It is important to further make some notes. Firstly, we have to
recognize the complexity of problems which cannot be solved by one
perspective or approach. us\u>l al-fiqh or fiqh is one perspective in
approaching social problems. There are numerous approaches, which
are important to know by santris in order to sound the Islamic law in
society. The position of fiqh up to now only provides and judges halal-
haram issues, while the problem of how to solve the social problems or
phenomena is untouchable. This is crucial, because the final purpose of
Islamic law is not only providing judgment of halal-haram, but also
problem-solving. Finally, Islamic law must be oriented to problem-
solving, which requires multiple perspectives.
Secondly, Mahad Aly is well-known as a liberal institution. As we
see in its bulletin, the interpretation of the text by Mahad Aly is no
longer literal, but contextual and based on the concept of mas\lah}ah.

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This kind of interpretation surely differs from the model of terrorists

and/or fundamentalists which stress the literal meaning of the text.
Therefore, Mahad Aly is in some way against terrorism. However, I
was shocked when I went to Mahad Aly in 2006 about one santri, whose
name is Imtihan, a graduate of Pesantren al-Mukmin, Ngruki. Although
he studied at Mahad Aly, he has a different understanding from most
of the santris. He was denying coming to graves (ziya>rah), and, to some
extent, interpreted the text literally. The acceptance into Mahad Aly of
santri having a different ideology from NU causes two issues. (1) The
inclusive character of Mahad Aly in accepting santri from any ideology,
including alumni of al-Mukmin Ngruki, and (2) The image of this
pesantren as a liberal institution will shift to being a fundamentalist
institution. Therefore, Mahad Aly, I think, has to take a clear position
whether it becomes inclusive or fundamentalist.
Thirdly, the problem of Mahad Aly is how to promote its thought
to other pesantrens, because the leader of the pesantren is the kiai who has
great power. In this context, Mahad Aly should be brave and not only
criticize the Qura>n but also the kiai (KH. Fawaid Asad) in terms of his
thoughts on Islam. It is important, because the failure or success of the
pesantren to promote its thought depends on the kiai.

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