Sun, 14 Nov 1999

NU congress to discuss politics, Viagra

BANDUNG (JP): The Nahdlatul Ulama (NU) is identified with traditional Islam. Traditional in the sense that its supporters mostly comprise Muslims living in rural areas. However, this does not mean the development of NU thinking is "boorish" and behind the times.

NU thinking is so advanced that it has become a locomotive in the determination of Islamic laws, especially on the subject of fikih (Islamic law). Fatwa (binding rulings) issued by the NU are well received by the Muslim community, not just the NU community, because of the NU institute's independent characteristic. It is not unusual for a fatwa issued by NU to be different from a fatwa from the Indonesian Ulemas Council.

One of the NU's strong points in producing the newest fatwa on laws is to take a stance on actual developments, both in a formal way through the competent institute at the organization and through preliminary discussions at pondok pesantren (Islamic boarding schools).

The formal decision will be announced through the a masail institute that is always held concurrently with an NU congress, as its highest institute.

The 30th NU Congress is to be held at the Lirboyo pondok pesantren in Kediri, East Java, from Nov. 21 to Nov. 27. A number of topics of discussion often elicit admiration because of their strategic anticipation of thoughts. Usually a bahsaul masail discussion concerns two things, i.e. the masail diniyah waqiiyah (things connected with religious laws on a problem), and masail diniyah maudluiyyah (things concerning strategic aspects of religious life).

The conference will discuss, among other things, whether Muslims are allowed to choose non-Muslim legislators. The proposal to discuss this matter was made by the NU regional board in East Java. It resulted mainly from the experience of determining candidate legislators from a party dominated by non- Muslims. The core of the problem: what is the law for Muslims to delegate state affairs to non-Muslims while Muslims form the majority in this country?

In politics the problems are varied. The NU, for example, questions why every time a general election approaches, a number of fatwa always emerge, both from individuals and institutes, that state the obligation of citizens to participate in the general election. It gets worse. There are ulemas who openly state that it is sinful not to make use of one's voter right or to elect a certain party.

No less interesting is: what is the law on stealing somebody's conversation without permission from the person concerned, both through telephone tapping, recording and its publication?

No doubt the discussion refers to the conversation between former attorney general Andi M. Ghalib and former president B.J. Habibie. Also the disclosure of a transcript of a conversation between A.A. Baramuli and director of PT Era Giat Prima Setya Novanto on the Bank Bali scandal.

With reference to the Koran, the theft of a conversation can be categorized as a noncommendable act. Likewise the disclosure of somebody's aib (shame). But what is the law if it concerns public interest? Does the culprit deserve to be punished?

On the subject of the nation's cohesion, the NU has observed sharply the efforts to step up cohesion and unity. It is not rare that the efforts include joint prayers among Muslims, Catholics, Protestants, Hindus and Buddhists. What, then, is the law on a program of interreligion joint prayers? Moreover, the NU will discuss what the limits are for cooperation among religious communities as allowed by the Islam syariah.

In the upcoming congress, the NU will continue a discussion on the law on women becoming a head of state (president). This was discussed at the NU National Conference at Bagu Mataram in November 1997 but there was no final decision.

The NU Central Board's Rois Syuriah (deputy chairman of the lawmaking body), KH Sahal Mahfudz, whose name is often heard as the strongest candidate for the position of Rois 'Am Syuriah (chairman) of the NU Central Board at Lirboyo, even questions more sharply that the position of the President as Head of State is the waliyyul amri al-dharury bisysyukah (government/state representative) who legalizes a marriage conducted by a wali hakim (person who acts on behalf of the father of a bride).

The Koran states that a wali in a marriage is a man. So, in Islam, a woman must be given in marriage by her wali (male relative legally responsible for a bride, usually her father). If there is no such person, the marriage can be done by a wali hakim.

According to KH Sahal Mafudz, it is a matter of principle for Muslims, i.e. it is a problem for a wali hakim in a marriage if the president is a woman. KH Sahal Mahfudz asks if the wilayatul hakim (holder of the right and authority of a wali hakim) must be in the hands of the President or just in the hands of the Minister of Religious Affairs. If it is the President, is it legal for a woman president to be a wali hakim?

According to KH Sahal Mahfudz, this matter is purely religious and not political in nature. It is highly important to discuss it soon instead of discussing women presidents.

Another topic for discussion eliciting smiles is a law on the use of Viagra to boost virility and pills to assist women in reaching orgasm. Actually the ulemas have agreed to allow the use of these pills to cure disorders, but a problem has arisen on their misuse. Thus, there is a need to determine the law on the consumption of these pills not by people suffering from sexual dysfunction.

There are many more interesting proposals to be submitted. But as voiced by NU's West Java regional board's mustasyar (advisor), KH Imang Mansur Burhan, not all the proposals can be presented at the congress. Therefore, a number of topics that can be addressed at a lower level, will be discussed in a number of precongress bahsul masail discussions.

A number of preliminary discussions has taken place, like the one at Sukabumi early this month. As yet, no information is available on the results of the discussions at the forum.