THE HARMONY OF RELIGION AND CULTURE....

THE HARMONY OF RELIGION AND CULTURE

RITUAL CEREMONIAL TRADITION OF JAVANESE

MOSLEM COMMUNITY

By  :

Mukhlisin Muzarie

Lecturer of IAIN Syekh Nurjati Cirebon

ABSTRACT

          Mukhlisin Muzarie, The Harmony of Religion And Culture  :  Ritual Ceremonial Tradition of Javanese Moslem Community. Islam gives freedom to the followers to understand and interprete its teachings widely, not only connected with theology and law but also with morals and tasawuf. This results in coming up a variety of new understanding and religious groups beginning from the most jumud until the most liberal which are nearly far from the principles noted by texts (Alqur’an and Hadits) and it appears to deviate from Islam. From the two groups, they make a variety of branches. The number is unlimited and each group claims that only their group which is right (‘ala hudan min rabbihim) while the others deviate (‘ala dlalalatin), lost and misleading (dlallun mudlillun). This understanding of religion is technically called madzhab fanatism and this creates conflic.

          Today the dispute of different understanding among the groups become more serious and endangers the unity of moslems. The fundamental group makes various religious organizations for the base of their struggles. While the liberal group continuously struggles to strengthen the democratic base by implanting the values of liberalism and humanism in order that Islam can be accepted by modern global  community in this millenium era.

          The research focusses on bid’ah connected with ritual ceremonial tradition in Javanese moslem community. The purpose is to describe the root of khilafiyah problem connected with bid’ah focussed on Islamic ritual practice  which is done by the society who honour the Javanese culture and customs. Then it describes the opinions of many ’Ulamas who are pro and contra with their own arguments and analizes intensively the main problem debated, so it can get the conclusion that can be used.

          The research uses yuridis-normatif method. But this method is supported by empirical reality connected with the practice in the field. Normatively, the writer tries to expose the view of ‘Ulamas, then decribes the analytical result  connected with the main in problem which creates conflic. Furthermore, the writer does a field study to see directly ritual practices done by the society.

          The historical fact shows that the contact between religion and culture in implementing the tasks of Islamic preach cannot be avoided. From the contact of religion and culture in many Java regions results that ritual tradition of moslem society is contaminated by Javanese culture. The solution to offer is to notice the ritual ceremony which is part of the religion core. Then  it is separated theologically from the local culture and customs, especially which are not relevant with the principles of Islam so they can be accepted according to syar’iyah.

Key word  :  religion, culture and harmony

A.    The Background

Islam gives freedom to the followers to understand and interprete its teachings widely, not only connected with theology and law but also with morals and tasawuf. This results in coming up a variety of new understanding and religious groups beginning from the most jumud until the most liberal which are nearly far from the principles noted by texts (Alqur’an and Hadits) and it appears to deviate from Islam.

Basically  the religious understanding can be divided into two groups. The first is fundamentalism who wants to defend Islamic teaching as practiced by the Prophet SAW. The reason is the main teaching of Islam is to follow what was practiced by the Prophet (al-qudwah). While the other is liberalism who wants to apply Islamic teaching in the modern and advanced society as it is today. The reason is that Islam is the religion that can be applied anywhere and anytime (al-Islam shalihun likulli zaman wa makan).

From the two groups come out a variety of branches so the number is unlimited and each stream or madzhab claims that only his madzhab which is right (‘ala hudan min rabbihim) while the others deviate (‘ala dlalalatin), lost and misleading (dlallun mudlillun). This concept is technically called madzhab fanatism.

 Nowadays the dispute of concepts among the streams or madzhabs has endangered the unity of moslems. The fundamentalism makes a variety of Islamic organizations to be a means of their struggles, for examples ; Ikhwanul Muslimin, Hizbut Tahrir, Jamaah Islamiyah, Jamaah Salafiyah, Al-Qa’idah, Wahabiyah, As-Sunnah, etc. They accuse the Liberal group has deviated from Islam. The reason is that they doubt the truth of Prophet Sunnah as the base of law, even they accuse that they have thrown away the knowledge of Al-Quran and heritage (salaf al-shalih) into the rubbish and then replace them with contemporer reading with hermanetic oriented. They are more interested in the reader’s thought than in Al-Quran. While the Liberalism, as developed by An-Na’im from Kharthum University  Sudan, Mohammad Arkoun from Sorbone University, Abdallah Laroui from University of Maroko, Sadeq Jalal A’zam from University of Damaskus, Nurcholis Majid from Paramadina University Jakarta, Ulil Absor Abdallah, Masdar F, Mas’udi and the others, they do not  give up struggling to strengthen the base of democracy and to implant the value of liberalism and humanism in the hope that Islam can be accepted by modern global society. Furthermore, the Liberal movement has the aim to prevent the militants and radical from handling public discourse so it does not create disorder in the society.

B.   The Root of Problem           

Searching the root of the problem that causes internal conflic among moslems, so it is clear that the cause is a religious dialogue with culture. Some moslems accept culture as part of religious attitudes or manners while some others reject it. If observed deeply, it can be explained that wedding ceremony, pregnancy, birth, death, thanksgiving, and ward off misfortune in society,  nearly all of these are contaminated by costum and culture. It’s natural that before Islam came, Javanese society were animists, Hinduists and Buddhists. After Islam came they do religious ceremonies without leaving their tradition as long as it is not contradicted with Islam. 

Wedding ceremony, for example, beside doing ritual which consists of marriage preach, marriage agreement and marriage prayer, it also does other ceremonies appropriate with tradition done in the local society. So does death ritual, to bathe a corpse, to shroud in white cloth, to perform prayer and to bury the corpse according to the teaching of Islam, and also to do custom ceremony, for example, tunggu layon (guarding the corpse) while reciting Al-Quran, farewell ceremony while asking forgiveness and to witness (istisyhad), burial event by doing athan, iqomah, talqin and prayer. Then the family are waiting a little time on the grave while reading tahlil and tatsbit prayer. After that in the grief house, there are tahlilan events for seven days , in the fortieth, in the hundredth of the death and so on. There are also other Islamic rituals which have been contaminated by custom and culture of animists.  

The tradition of ritual ceremony among Javanese moslem society is transformed generation to generation so it is regarded as part of Islam teaching. In fact, the ceremonies come from the custom and culture of primitive society. They express their belief through symbols and social activities as seen in everyday life. 1

C.  The terms of religion and culture         

The Indonesian word agama (religion) comes from Sanskrit which means not  going, stay in the place or inheritance.2 In Indonesian dictionary, it is told that agama is a belief to the single God and the teaching and duties connected with the belief. Beragama means to follow or to do a religion according to his belief.3 In Arabic, religion means al-dien or al-millah. Its verb dana yadinu, means habit, attitude, loyal, obedient.4 Thus, religion or al-dien is a habit to obey or to devote by the followers whether it is a duty to do or prohibition to avoid.

The word Islam comes from the word aslama yuslimu islaman which means safe and peaceful or obedient and surrendered. In this case obedient and surrendered to Allah SWT, the Only God. Then, Islam becomes the name of religion brought by the Prophet Muhammad SAW. The aim is to lead and save human beings in this world and the dayafter.

Since the beginning of human creation, Allah released religion as a guide in order that human being not lost and know which is right and which is wrong for him. Religion from time to time is always taken care of and completed until the birth of Prophet Muhammad SAW, the last prophet and no more prophet after him.

While the word budaya means well behaved or thought. Kebudayaan means the result of human mind creation which includes belief, art, custom etc. Thus kebudayaan alway develops in line with the development of human civilization. While adat means  a rule or activity which is common to obey by a society decently. In other words, adat is a way or a belief or an action which becomes a habit of the society. Adat or tradisi, comes from English tradition, means a habit or a belief which is practised descently.8 So the expression ‘masyarakat tradisional’ means a society which hold tightly to the way of life, belief, art, ceremonies, etc. practised descently. 

From the description above, it’s clear that adat (custom) and budaya (culture) are structures which live and develop in society. Koentjoroningrat explains that adat is part which cannot be separated from kebudayaan which plays role in moving and growing up the awareness of society of the importance of living in society and as a supporter of cooperation to reach an aim.9 Soerdjono Soekamto also says that adat is an organization of society that shows the existance of elements that arrange the attitude of society.10 This means that adat or tradisi, whether as part of culture or as a society organization, is always found in the lives of society where the members are tied with norms of attitude. This becomes the handle in social control system.

D.  Dialog between religion and culture

Based on the fact, history shows that religion, since the first time came down until the times of its development, always contacts with the local custom and culture.The Arabs Jahiliyah, when Islam came, had had custom and culture which controledl their lives. They had custom and culture which did not support and appreciate moral norms. Their culture regarded women low. Women were not respected as human, they could be traded. Even there was a certain tribe which corrected burying girl children alive because the custom and culture at that time regarded that caring girl babies was a shame to the family.11 Then Islam came to bring a big change to the famous immoral culture and custom (Jahiliyah).

The coming of Islam in every area always bring changing to the brightness, but it does not mean to destroy all the custom and culture. Islam comes to reform custom and culture which are not in line with belief moral values. Islam at first came to Mekkah, then expanded to Madinah. After it put the foundations of Islamic government  in Madinah then the Prophet SAW expanded Islam to other regions. Then at the time Khulafa Al-Rosyidin Islam developed wider until it covered Arabic peninsula. The following development was done by Khalifah Bani Umayah and Bani Abasiyah until it covered Palestine, Suriah, Irak, Persia, Egypt, North Africa, Sisily, Spain, Russia, Afganistan, India, Indonesia, etc.12 By the expansion of Islam in non Arab countries, so the contact with tthe local custom and culture causes non Arab areas were influenced by Islamic culture. Thus this caused the process of Islamization of custom and culture and also the assimilation of Islam with the tradition of the local society. The fact shows that Islam as teachings is spread through contact of weapon (war). Nevertheless, it doesn’t mean that Islam forces other side to adhere Islam although they are the inhabitants conquered. The aim of war in the politics of Islam is to set up justice and peace, not to force other side to enter Islam. In history Islam entered Europe through war so it left revenge continuously. On the contrary, Islam entered Indonesia through cultural contact (dakwah), not war, so it spread villages peacefully.

When Islam entered Minang West Sumatra, the people  were in order with strong custom. Meanwhile there was custom contradicted with Islam., especially connected with matrilineal system, while Islam tends to patrilineal system. Moreover, the custom in Minangkabau before, had been influenced by animism, dinamism, Hindu and Budha. Although the system was held tightly by the society, it gave a chance of change. So, HAMKA, as quoted from Encyclopedia of Islam, mentioned that custom and Islam religion when the first time they came, did not refused each other instantly. Islam was acceptable because it could enrich custom and on the other hand, custom could not be rejected to throw away by Islam. But Islam accommodated and strengthened it by adding new elements better. From the contact between Islam and culture, it resulted synthesis which says ‘Adat basandi syara’ dan syara’ basandi kitabullah’. It means culture based on Islam and Islam based on Al-Quran.13

So the problem is clear that Islam always keeps in thouch with the local custom and culture. Because when the religion comes into an area, the society has had custom and culture which they always respect highly since their ancestor until descently. For that, Islam is demand to show local wisdom which is signed with capability to adapt reality so it can perform as religion which is rahmatan lil alamin, not in the opposite, perform sporadically with cruel faces so it is difficult to accept.

The missionaries of Islam religion in Javanese lands (waliyullah) has succeeded in performing Islam as a religion which is rahmatan lil alamin and capable in classifying wisely to the custom and culture elements that should be left behind. The fact shows that a variety of Javanese Islamic rituals which have variuos meaning is really full of cultural content which is generally performed in the form of ceremony and selamatan (religious meal). Those performed as ritual symbols are found nearly in all life cyclus, beginning from wedding ceremony, pregnancy ceremony, birth ceremony, until death ceremony. Thus, slametan becomes a media to accommodate many purposes, from the expression of thank God until the request to be free from calamity. All those are performed in the  form of slametan.

In Cirebon there are many rituals performed in the form of slametan and prayer. For examples, slametan manten (walimah al-‘arusy), slametan mitoni (seventh month ceremony of pregnancy), slametan tingkeban (birth alms), slametan tedak siti (a baby starts learning to walk), slametan pelal (the Prophet’s birthday in  the castle), slametan grudaan (the Prophet’s birthday in Gegesik), slametan trusmian (the Prophet’s birthday in Trusmi), and slametan nadranan (sea alms) which are exclusive so  the face of Islam in Cirebon appears different with Islam in Arab lands and others because they keep in touch with the different local custom and culture.14 So does Islam in Banten, Bengkulu, Aceh, Ternate and the others, it blends with the local custom and culture so it has a specific form.

A research shows that Islamic ritual tradition in every part of Indonesia which is exist until today is full of the local culture and custom content. If seen from social aspect, the culture can support the growth of society awareness to make a group and to do social actions. But if it is seen from theological aspect, this, of course, needs careful clarification so it can be identified and separated among cultural values that can be accommodated into Islam and cultural values that must be left out, it depends on its relevance with Islam teaching. In this case moslems must not be trapped in internal the conflic caused by mistakes in giving judgement to the religion values and cultural values. Agama is sacred while culture is profane. So religion and culture are not immediately seperated or they do not immediately go in line. Every case of religion and cultural friction needs wise clarification through local wisdom without claiming hurriedly that this one is sunnah while that one is bid’ah, before positioning religion as something sacred and culture as something profane.

E.     Sacred Religion (Ta’abbudi  )

Religious community believe that religion teaching is sacred because it comes from Allah, the Holy. It is conveyed through prophets as a guide for human being. Imam Abu Syamah (died 665 H),15 a famous ulama madzhab Syafi’ie, in the book Al-Ba’its,  as qouted by Ali bin Hasan bin Abdul Hamid in the book Ilmu Ushul Al-Bida, gave an objective view connected with sacred religion teaching which colliding with profane culture and custom. He explained as follows :16    

          It’s not proper to decide ibadah with the time undecided by syariat, because basically to do good things is not limited by certain times and there is not prominent time from one with another, except what is mentioned by syariat about its prominence and kinds of ibadah.  If one ibadah has been decided its prominence by syariat so its prominence is only  valid to that ibadah not to another ibadah, for example, the prominence of fasting in the day of Arafah, Asyura and the prominence of praying in the middle of the night and Umrah in Ramadhan month. And among the most prominent time regarded by syariat to do good things is the tenth of Dzulhijjah and the night of Al-Qodar which is mentioned as the night which is better than a thousand months.              

Imam Abu Syamah in his statement gave a clear guide that if an ibadah (ritual) is not decided about its time by syariat and neither are its reading and number, so that ibadah can be done freely. Thus, ibadah as dzikir and prayer, whether it is ma’tsur or not, can be read anytime, anywhere and how many times as he wishes. It is different if an ibadah, dzikir or prayer has been decided its reading, time and place by syariat or has been decided the number like adzan, iqomat, shalat, takbir, talbiyah, hajj, umrah dam and qurban, so there is no other choice for a moslem except to do as instructed (al-ittiba’). Moslems are not allowed to increase or decrease or change although with the reason to be more afdhal or more prominent or because of no prohibition and not contradicted with Al-Quran, al-hadits, ijma’ and qiyas. The reason is rejected, because the principle of ibadah is to follow a guide (taufiqie) and to wait instruction (tauqifie), not to invent stories which not exist.

In fact, there are many ritual ceremonies (ibadah and alms) in society practised by deciding days and readings connected with Javanese culture. At first, the ceremony is purely culture, then it was added with religion content by preachers so it becomes a tradition descently. That tradition at last, becomes a kind of religion (yudlahi al-syar’iyyah), applied by the society as if sacred and cannot be changed like syariah decision, for example, death ceremony, birth ceremony, etc. In death ceremony, it is known as the seventh day, the fortieth day after the death and so on. In pregnancy ceremony it is known as thanksgiving on the seventh, or on the seventeenth, or on the twenty seventh in the seventh month of the pregnancy. On the ceremony it consists of the reading of Al-Quran surah Yusuf or surah Ali Imran  and special prayer. Then taking a bath using flower water, offerings, etc. The ceremony is really a traditional society culture, full of religious content. So are other ceremonies.

There have been many ‘Ulamas discussing about the ritual tradition of Islamic society, does it belong sunnah or bid’ah. But there are many of those who are mistaken by the vague between religion and culture. Discussing the ritual practices of Javanese society without clarifying first the things which belong to the core part of religion and the things belong to culture will result in inappropriate law application. The issue of bid’ah is made to be popular in order to take care of the pureness of religion. But really there is no bid’ah in custom and culture matters because they are man-made creation which are profane.

F.     Profane Culture

The description above makes it clear about the transformation of culture and custom into Islamic ritual which can be worriedly loaded with myth which is originally the belief of Javanese society.17 Culture and custom are profane or earthly matters because they are   merely product of thought, not devine revelation. So their law position depend on how far they give usefulness or mafsadat (medarat). If culture and custom can give usefulness and they do not against syar’ie, so they are legal (mubah). On the contrary, if the culture and custom  cause mafsadat (medarat) or contradicted with syar’ie, they are forbidden.

Next, moslems are demanded to know deeply until they can differentiate which ceremony belongs to the core of religion and which one belongs to custom or culture. This knowledge becomes very important when the real ritual ceremony is an approach between religion and culture. Ritual practice in the tradition of Javanese moslem society is not known exactly which one belongs to the core of religion and which one is purely culture, because the difference is very vague so some people regard that activity as purely ritual activity and the others regard it as deviation of religion (bid’ah).

Arab community, when the first time Islam was introduced to them, if compared to Javanese community, the condition is slight different. The culture of Arab society is to worship idols or statues and they had bad culture (jahiliyah). The strong oppressed the weak, men oppressed women, slave torture and the burial of girl babies.  But with the preaching material given gradually (tadriji) and bu using polite preach (bi lainin) and accommodative preach (rahmatan lil ‘alamin), at last Islam was accepted by the society.

In the tradition of Javanese society which is full of myth, there are bad days and holiness days. Bad days are unlucky days, for example, the day when one of the family member dies and the day when someone gets big trouble or disaster. While good days are lucky days, for example, the day when someone gives a birth to a baby or gets victory. On those days there is usually ritual ceremony to ask for protection and blessing. The feeling of sorrow and happiness in Javanese society is always expressed in the form of slametan and prayer. For example, on the day of death or getting troubles, they always have slametan and tahlilan ceremonies. While on the day of birth or victory, they hold tawasulan and manaqiban. All these are done to ask for protection and blessing.

G.    ‘Ulama’s View of Religion and Culture

The tradition of Islamic ritual connected with the local culture as described above, has really beed responded by ‘ulamas since classical era. First, they just discussed around tradition, alms and fatihah gift sent inn those ceremonies, whether his reward comes to the dead person or not. Then this developed until it touched culture and custom connected with birth and death ceremonies. Imam Al-Mawardi (364 – 450 H) in his book Al-Hawi Al-Kabir, did not explain the presence of law case connected with  local custom and culture of death. He just explained that Imam Asy-Syafi’ie, based on the story from Imam Muzanie, suggested his relatives and neighbours to make some food for the family who got accident or disaster (ahl al-mushibah) for a day and a night according to their ability. The textual base of Imam Syafi’ie refers to a hadits which contains suggestion that the Prophet’s family should make food and send it to ahlul mushibah. This case happened when the Prophet heard that Ja’far bin Abi Thalib died in Mut’ah war, an area in Syam (Syria), in Jumadil Akhir 8 Hijriyah. He felt sad and asked his family to make some food for his uncle’s family who are in sorrow (ahl al-mushibah).19 But Imam An-Nawawi in the book Al-Majmu Syarah Muhadzdzab explained that Ashab Asy-Syafi’ie regarded it forbidden to give alm in the form of food to them if there are women who are mourning (niyahah) because this belongs to help to do ma’syiyat. Moreover, Imam An-Nawawi quoted Asy-Syamil, which explained that the tradition of Jahiliyah community who gathered in the house of sorrow  after burying the dead  then the family ahlul mshibah made some food for them, it is not sunnah (ghairu Mustahab), ven it is bid’ah because there is no source of it. The writer Asy-Syamil said that based on a hadits from Jarir Ibnu Abdullah ra :

“We (Prophet’s friends) regard gathering in the house of ahlul mushibah and providing food after the burying ceremony mean mourning” (told by Ahmad and Ibnu Majah)

The hadits describes the tradition of Arab society before Islam came. When there was death event, especially from the noblemen, the family invited women to mourn the dead and mention his goodness in such a way that made other people feel sad too. Then Prophet SAW forbade that action of mourning. Ummu Salamah told hadits as follows :20

“When Abu Salamah passed away, I said : he was an adventurer and he died in his adventure, so I will cry loudly until many people talk about him, and I have prepared to cry and mourn. Suddenly, a woman came from the village around to help me in crying and mourning Abu Salamah. Then Prophet SAW approached me and said : Do you want the satans which have been thrown away by Allah come to your house again ? That sentence was repeated twice, then I tried not to cry and I don’t mourn Abu Salamah.” (told by Muslim)

          There was also another death ritual of Arab community, the place was not in the house of sorrow but in the cemetery, by slaughtering a sheep or a cow and the flesh was distributed to the visitors who were present there.This ceremony was also forbidden by the Prophet as explained in a hadits as folloows :21

          “There is no animal slaughtering ceremony in the cemetery in Islam.” (told by Abu Dawud and At-Tirmidzi)

Moreover, Imam Asy-Sayuti (d. 911 H) in the book Al-Hawi li al-Fatawi explained that there was a death ritual tradition which was done as long as seven days, based on atsar, the source from a tabi’ien Imam Thawus as follows :22

          “Imam Ahmad Ibnu Hambal ra in the book Zuhud said : Hasyim Ibnu Qasim told me, he said : Al-Asyja’ie told me, Sufyan said : Imam Thawus said that people who had died, were examined in their graves for seven days, so they liked (hoped) some food alms for them on those days. Al-Hafidz Abu Nuaim in Al-Hidayah said : Abu Bakar Ibnu Malik told me, Abdullah Ibnu Ahmad Ibnu Hambal told me, my father told me, Hasyim told me, Al-Asyja’ie told me, Sufyan said : Imam Thawus said that people who had died, were examined in their graves for seven days, so they liked (hoped) food alms for them on those days.”

           Imam As-Sayuthi explained the registry sanad hadits (maqthu) which came from Imam Thawus, Hasyim Ibnu Qasim, Al-Asyja’ie and Sufyan Ats-Tsauri who are declared as the story tellers hadits shahih. Then he quoted hadits (mauquf) which explained the difference of time of examination between a mu’min (the faithful) and a hypocrite in their graves in the hope to get attention from the family of ahlul mushibah. Ibnu Juraij from Al-Harits Ibnu Abi Al-Harts from Ubaid Ibnu Umair told that :23  

          “Two people, a mu’min and a munafiq (i their graves) are examined. A mu’min is examined for seven days while a munafiq for forty days”.

          In this case, Imam As-Suyuthi expressed 15 kinds of arguments. But briefly there are three things, first, to stress the validity of sanad by saying that both the story tellers of hadits maqthu who come from Imam Thawus and the story tellers of hadits mauquf which come from Ubaid Ibnu Umair consisted of faithful people (tsiqah). Besides, the sanad continued until it was declared that both atsars are shahih.

Imam Thawus himself was a big tabi’in (min kibra al-tabi’in), and based on the story from Abu Nu’aim, he had the opportunity to meet about 50 – 70 Prophet’s friends. He passed away in 110 Hijriyah at the age of 93. While Ubaidillah Ibnu Umair is a friend. Based on the research from a famous writer of shahih book, Imam Muslim Ibnu Hajjaj, Ubaidillah Ibnu Umair was born in the era of Prophet and he got a chance to meet Prophet SAW. Ubaidillah Ibnu Umair was punished qishos in the era of Umar Ibnu al-Khattab and passed away before Abdullah Ibnu Umar.

          Second, Imam As-Sayuthi proposed tahdits theory and ushul theory to place matan hadits (maqthu) which came from a tabi’ie and hadits (mauquf) which came from a friend. They are the same as matan hadits directly told from Prophet SAW (hadits marfu’). As-Sayuthi explained the first theory that something explained by shahabatconnected with the problems outside mind authority or outside ijtihad such as expression about the world of barzah, the hereafter and mystic things, its position is regarded the same as hadits marfu hukmi, not hadits mauquf, although the story teller did not mention it.

          By this theory the position of hadits maqthu which came from Imam Thawus was changed into hadits mauquf hukmi, because it belongs to the expression of something outside authority of mind or outside ijtihad. So did hadits mauqut which came from Ubaillah Ibnu Umair, its position changed into hadits marfu hukmi because of the reason.Imam Sayuthi expressed further the theory of mursal that there is possibility that hadits maqthu which came from Imam Thawus belongs to hadits marfu hukmi too. Because if a tabi’ie told about a hadits without mentioning the name of shahabat who told him is hadits mursal. It means although sanad hadits stopped only to a tabi’ie, that was Imam Thawus, but it may came from the source of a shahabat unti his position became mauquf hukmi. Next, because the atsar connected with something outside authority of mind or outside ijtihad, so the position came higher to be marfu hukmi.24 This theory of tahdits, according to Sayuthi, quoted from Al-Iraqi in his Alfiyah, and from Imam Fakhruddin Ar-Razie in Al-Mahshul, as follows :   

                       

               “If a shahabat says something outside ijtihad, this means that they heard directly  from Prophet SAW (al-sama’), because of husnudhan to the shahabat.” 25

       

          AS-Sayuthi’s argument set up from the belief of Sunni group that shahabats were generally honest and reliable (kulluhum ‘udul), so were tabi’in, although their rank  was under shahabat. This belief was based on a hadits told by Imam Bukhari and Imam Muslim that Prophet SAW said  :26

         

“As best of you are those who in one period with me, then the people behind them, then the people behind them again. Imran Ibnu Husein (a teller of hadits) said : I can’t remember exactly whether Prophet SAW mention it two or three periods.

Prophet SAW said : Really there will come up  after you a generation who like to betray and are unreliable, they watch but cannot be witnesses, they promise to do something (nadzar), but they don’t fullfill it and their lives become glamorous and joyful.” (told by Bukhari and Muslim)          

          Based on those hadits, ‘ulamas, whether ‘ulama hadits, ‘ulama ushul or ‘ulama fiqh, accepted hadits mursal shahabi as law base absolutely. Even Ibnu Abdulbar regarded it as the agreement of ‘ulamas (ijma’). But in fact, some ‘ulamas of ushul such as Abu Ishaq Al-Isfirayaini, Qadhi Abu Bakar Al-Baqillani, Al-Ghazali, etc. rejected mursal shahabi as an absolute law base. But it is acceptable under some requirements, especially their behaviour before irsaling hadits.27 While about tabi’in, if seen that they were the best generation under shahabat, so we just husnudzdzan to them, but many ‘ulama hadits doubted their credibility in the knowledge of ‘al-Jarh wa al-Ta’dil’ It is the knowledge of hadits which examines the story tellers deeply and critically.

          Generally, it’s admitted that tabi’ien generation is the best after shahabat and they are the most responsible to transform hadits from Prophet SAW which they received from shahabat to the generation after them (tabi’it tabi’ien). This can be seen in their seriousness to trace hadits from shahabat until it needed many years. Even there was a tabi’ien who only traced the truth of a hadits for fifteen years. But for academic need, ‘ulamas are not reluctant to criticize the credibility of story tellers as expressed in al-jarh wa al-Ta’dil. Among ‘ulamas who studied in this field were Al-Hasan al - Bishri, Asy - Sya’bie, An - Nakh’ie and the others. They concluded that Tabi’ien in general were honest (At-Tabi’un aktsaruhum ‘udlul), none were dla’if, except only one or two. 28

          The criteria of honest (al-‘adalah), according to the view of ‘ulamas, appeared on the virtuousness in applying Islam and always taking care of heroism (muru’ah). Some ‘ulamas require al-‘adalah with the proof of virtuousness internally and externally. But Al-Khiraqi made it enough with signs of honesty or there was no indication that he told a lie. This can be traced from his social interaction, not only in applying muamalah but also muasyarah. The other aspect that needs to notice is his intention, whether his intention is sincere or he has another intention. At last, there is public scoring that he is good. 29  Meanwhile Imam Asy-Syafi’ie explained that there were two options in noticing hadits mauquf, first in qaul qadim, he said that hadts mauquf could be a base of istidlal (hujjah), second, in qaul jadid, he said that that hadits could not be a base of istidlal (laisa bi hujjah).30  Thus, hadits mauquf or qaul shahabat, according to Imam Asy-Syafi’ie, could be accepted as a base of istidlal was not absolute, but in condition if it was not contradicted with Al-Quran, hadits, ijma’ and qiyas.  

          Third, Imam As-Sayuthi proposed a theological argument about the certainty of food alm for three and seven days. He said that the number of three or seven were the number to be calculated by syariat. As a proof, it can be expressed that an ibadah needs repeat in action, so it uses three or seven. For example, washing parts of our body for doing wudlu, taking  a bath, reading tasbih in ruku’ and sujud (in shalat) are suggested to repeat three times. If an ibadah needs more repeat, so we use seven times, for examples, washing najis mugholladzah, doing thawaf, sa’ie and takbir for the first rakaat in shalat ‘Ied are repeated seven times. Besides, there was a story which told that someone’s deed, whether good deed or bad deed is reported by an angel everyday. Thus, the statement that a corpse in his grave is examined and tested for seven days, has relevancy with the report of the deed. 31

          Examining the description above, it seems that death ritual in the form of food alms for seven days is the culture and custom descently and has been responded by ‘ulamas since classical era until today. Imam As-Sayuthi in his istidlal set up from the law of alms (shadaqah) is sunnah, it does not start from tradition or local culture (‘urf) applied in the society. Because tradition and local culture cannot merely be the basic guide for applying the law of ‘ibadah. The next reason is that alms practice which has been done by societies for many years, in fact , did not get refusal from ‘ulamas Ahlussunnah wal-Jamaah until it is regarded that the case as if it has been agreed (ijma’ sukuti).

          The crucial problem in facing the case of examination (fitnah) inside the grave is a question about are there still duties to do by a person ? Imam AsSayuthi answered by quoting the opinion of Al-Baji in Syarah Muatha that an examination (fitnah) inside the grave is not really an implementation from the duties given to a person, but it is only a clarification (al-ikhtibar) and evaluation (al-hisab) from the deeds stopped by death. The dead people, as Imam Malik said, means all their deeds have stopped. Thus, it has stopped also the examination connected with the duties to do the instruction. But seeing that the heavy responsibiliity to face in the grave and the unreadiness of someone to face it, so as if that inside the grave he should face examination with the heavy items.32

          ‘Ulamas say that if a person did a mistake in this world, so, torture can be avoided by doing ten kinds of way. They are by repenting and his repent is accepted or asking for forgiveness(istighfar) then he is forgiven, or doing goodness until it can wipe out his cruelty, or he is tested with a variety of disasters and is patient to face them until his patience can cover his mistakes, or trying hard to wipe out difficulties and fitnah until he is free from the difficulties and fitnah, or other people or his friends in one belief pray for him to ask forgiveness, then it is accepted, or he is given a reward continuously because of his goodness that can be useful to other people when in the world, or he is tested with heavy good deed in facing the dayafter until his mistakes are covered, or he gets syafa’at from the Prophet or blessing from God.33 From this explanation, it is known that the lives inside the grave is connected tightly with the lives in the world. Dead people, not all their deeds are cut off, but some of them give usefulness, for example, good deeds, jariyah deeds which he leaves and from other people who pray and ask forgiveness.

          The basic problem connected with the decision outside our thought, for example, the situation in the nature of barzakh, the eternity, the questions in the grave nature, and other mystical things. So in this case, the sources of  accurate (qath’ie) revealation are needed, not only a guess (dhannie). Realizing about this, Imam As-Sayuthi proposed a theological argument that the problem of examination (fitnah) in a grave nature generally and the questions of the angels Munkar and Nakir are found in many shahih stories, but about he certainty of seven days in succession for a mukmin and forty days for a munafiq, can be explained that the case is really not contradicted with the explanation from hadits about the presence of examination (fitnah) in general above. Whereas about the number one day, three days or more, it does not matter. The reason is according to the theory of tahdits that the adding of a reliable teller can be acceptable (ziyadat al-tsiqah maqbulah). Besides, according to the theory of ushul, it belongs to connect law which is decided commonly with law decision  which is decided particularly (haml al-mutlaq ‘ala al-muqayyad).34 Imam As-Sayuthi with his arguments gave a strong istidlal base to legalize death ritual tradition which is valid in society and accepted descently.

H.    The Response of Javanese ‘Ulama

The ‘ulamas of Java in the 19th century like Syaikh Muhammad Nawawi al-Jawi al-Bantani, Syaikh Ahmad Rifa’ie al-Jawi (Kalisalak) and Syaikh Shalih al-Samaranie (Darat Semarang) responded this case more complicated, because death ceremony in Javanese Islam tradition is not limited to food alms in the first days until the seventh, but continues until the fortieth, the hundredth, the thousandth and so on. This cannot be found in the discussion of classical fiqh. Syaikh Muhammad Nawawie al-Bantani regarded that alms for the corpse in syar’ie is suggested (mathlub), but it is not decided with seven days or the others because deciding those days is merely a culture or custom, not syar’ie, as explained by Ahmad Dahlan. Syaikh Muhamad Nawawi continued the information by quoting the opinion of his teacher Syaikh Yusuf al-Sunbulawaini, that in a society, it has been going on alms for the corpse which is done on the third day, the seventh, the twentieth, the fortieth, the hundredth. The next alms is done every year which suits with the day of his death (haul). That is only a tradition and culture, not syari’at. Whereas gathering event and meal event in the first night of someone’s death (wahsyah). It is not suggested (makruh) if there is no orphan’s properties. But if there is orphan’s property so the meal event is forbidden (haram). Then, Syaikh Nawawi explained about reading Al-Quran and prayer to be be given to the corpse by quoting the opinion of Syaikh Husain al-Mahalli in his book Kasyfu al-Litsam, that the reward comes to the corpse. This opinion comes from three Imam madzhabs, they are Imam Hanafi, Maliki and Hambali. They compared the reading with the reading of Al-Quran beside the corpse (the corpse is present), the reward comes to the corpse.35

          Syaikh Ahmad Rifa’ie Kalisalak responded alms culture  for the corpse which is valid in Javanese society by returning it to the original law, it is sunnah. Furthermore, Syaikh Rifa’ie proposed the condition that the money used to do alms, is not connected with the responsibility to pay debts or zakat or other authorities connected with the burden and responsibility of the corpse when he was still alive. If the money is connected with the rights of someone else or connected with the responsibility of the corpse while he was alive, so the alms is forbidden (haram).  Then Syaikh Rifa’ie explained the usefulness of alms as follow :36  

          ‘Ulamas said : There are six kinds of alms for the corpse. First, sulthanah, it is an alms after or before the burial of the corpse. Its usefulness lasts for three days. Second, alms on the third day, the usefulness lasts for seven days. Third, alms on the seventh day, the usefulness lasts for forty days. The fourth, alms on the fortieth day, the usefulness lasts for a hundred days. The fifth, alms on the hundredth day, the usefulness lasts for a thousand days. And the sixth, alms on the thousandth day, the usefulness lasts until the dayafter.                     

               Syaikh Rifa’ie, by quoting the opinions of the former ‘ulamas, explained the usefulness of alms for the corpse beginning from the alms at the first night, before or after the corpse is buried, it is called sulthanah (nyusur tanah or nyahur tanah). The usefulness lasts until three days. And the alms on the third night, the usefulness lasts until seven days etc. This has not been traced the source from syari’at (Alqur’an and hadits). But the aim can be caught, to encourage the society to be fond of giving alms with religious spirit. This motivation of pious deed like this can be foud in hadits, for example, An-Nabhani quoted some hadits which have the character of building the spirit of pious deed 37 by quoting a hadits from Imam Ad-Dailanifrom Anas Ibnu Malik that Prophet SAW said :

                   Alms in the morning can omit plant pesticides. (told by Ad-Dailani)

            Pensyarah hadits, Muhammad Abdurrauf Al-Manawi explained that that hadits was dha’if, because inside the sanad there was a story teller named Umar Ibnu Qais Al-Kindi which was put by Adz-Dzahabi in the roup of dhu’afa. But Ibnu Ma’in judged ‘it does not matter (la syai’a)’ if receiving hadits from the person. Abu Hatim regarded the person ‘the trustworthy (tsiqah)’ the hadits is acceptable. Moreover, Al-Manawi explained that ‘al-ghadawat’ is plural which comes from mufrad ‘ghudwah’, it means going in the morning and ‘al-ahaat’ is plural word from mufrad ‘ahat, it means ‘afat or disease, whether physically (dunyawiyah) or spiritually (ukhrawiyah). Thus, the hadits above gives the meaning that the benefit of alms done in the morning can take care of properties and the owner from many slanders and danger along that day. Then Al-Manawi quoted hadits given by Imam Ath-Thabarani from Rafi Ibnu Khudaij as follows :

          Alms can close seventy doors of wickedness. (told by Ath-Thabarani)

          This hadits explained the extaordinary benefit of alms with the aim to encourage a society to be fond of giving alms. The hadits explained that the benefit of alms can prevent seventy kinds of wickedness. According to Al-Manawi the number does not indicate a certain number, but it only indicates how big the benefit is, especially in preventing bad events. 38 The fact indicates that cruelty appearing in society is caused by the difference and unjustice. The poor flare up and makes destruction everywhere. They demand justice to the rich that have suppressed them. If the rich is willing to give a hand to the poor, social flare that causes damages for both of them won’t happen. Another same hadits says :

           Alms can prevent seventy kinds of disasters, the lowest is leptosy disease and            disease. (told by Al-Khatib in his Tarikh book)

          The position of this hadits if seen from the first story teller is said dha’if because there is a storyteller named Al-Harits Ibnu Nu’man, as mentioned by Adzahabai, ‘ulamas regard it dha’if, even Imam Bukhari said it was munkar, but Imam Abu Hatim said that he was weak in memory (ghairu qawi). But if seen from the meaning, this hadits strengtens the above hadits that the benefit of shadaqah is plentiful, for example, it can prevent leprosy disease and corob disease, they are skin diseases which are difficult to recover. The meaning of this hadits is difficult through healthy mind because alms is connected with physical disease. But theologically, the alms can be regarded as prevention (daf’ul bala’) which is hoped not only to give mental benefit but also it can prevent the incident of diseases. To believe the things outside the mind authority, it is limited only hope and pray, the others are up to Allah SWT. 39   

          Meanwhile, something connected with hadits dha’if, as expressed in ritual cases connected with the traditio of Javanese Moslem society, ‘ulamas agreed that hadits dha’’if cannot be the base of applying halal and haram, let alone connected with aqidah. But  they said that in fadha’il al-‘amal, they are hadits which support community to do alms. So hadits dha’ifcan be accepted as a consideration tool to support the applicationof good deeds and ‘ibadah under some conditions, as expressed in ritual cases connected with the tradition of Javanese Moslem community, ‘ulamas agreed that hadits dha’if cannot be the base of applying halal and haram, let alone connected with aqidah.But they said that in fadha’il  al-‘amal, they are hadits which support community to do alms, so hadits dha’if can be accepted as a consideration tool to supprt the application of good deed and ‘ibadah under some conditions. First, there must be a relevancy with the meaning of hadits shahih. Second, it’s not too dha’if, because it comes from a liar that makes a lot of mistakes. That kind of hadits dha’if cannot be accepted. Third, that hadits cannot be a handle that the application is based on syari’at, but it’s only as a hope. This means if someone does good deed or ‘ibadah based on hadits dha’if, so he must not be sure that the application based on syari’at, but it is only as ikhtiyar.40

          Syaikh Shaleh al-Samarani in Majmu’ah al-Syari’ah, as quoted by Muhammad Shalikhun in the ritual of Javanese Islam, it seems that it does not accommodate the culture of Javanese society in death ritual tradition as Islamic ritual. He regarded it bid’ahmunkarah that must be left out. He said in his book that the law of nyusur tanah, the third day, and the seventh day are bid’ah munkarah, that must not be done.41  Syaikh Shaleh al-Samarani here takes strict attitude, expressed that the alms of a corpse on the first day which is called nyahur tanah event, the third day event, the seventh day event, etc. , are bid’ah al-munkarah, they must not be done. It does not mean that Syaikh Shaleh did not consider hadits or atsar explaining examination in the barzakh nature, because it is connected with the belief (aqidah) which cannot be applied based on hadits dha’if.

          Meanwhile, a law expert, graduated from Madinah University, Omar Abdullah Kemal, defended Islamic ritual tradition influenced by local culture by saying that every action which is not contradicted with syari’at (prohibition and order), its law is decided suited with the effect it makes. Omar solved this problem by using maslahat theory. If an action leads to the fullfillment one of the five maslahat (al-mashlihul khams) which covers the guarantee of religious maslahat, soul, mind, heredity and property, so the action belongs to good habit, its law can be a must or suggestion. It depends on the degree of need to the action in realizing one of the five maslahat above. While whatever action that causes damage and negative effect to one of the five maslahat above, so the action is in bad habit, its law can be forbidden (haram) or not suggested (makruh). It depends on the degree of the damage it makes. The action which is not connected with positive or negative effect, so the law of the action is permitted (mubah).

          Next, Omar Abdullah Kemal stressed that in the action there is no good bid’ah or bad bid’ah, except after it appears the effect, whether it brings advantages or disadvantages.  Thus it is mistaken if  putting some actions or cases done by moslems today in lost bi’ah, because it is regarded as an additional action or a change in the religion. All those are based on the assumption that ‘ibadah in Islam is doing an order(taufiqie) and waiting an order (tauqifie). In fact the new action or case is done by moslems to reach kemaslahatan (goodness) without assuming that the action belongs to the core of religion. That case cannot be called lost bid’ah although in reality it is new and becomes a tradition of moslems today.42

          The argument stated by Omar Abdallah Kemal that the action or the new case done to reach goodness without assuming that the action or the new thing as the core part of  religion cannot be called lost bid’ah if applied for economic , political and social matters. But if it is applied for ritual matters (ibadah mahdhah) is exactly not suitable because ritual cases cannot be applied based on logical maslahat or ‘urf or mafhum mukhalafah. It must be based on Alqur’an and Hadits because, as stated by Omar himself, that ibadah in Islam is doing an order (taufiqie) and waiting an order (tauqifie). It means it does not based on logical maslahat although ‘ibadah in Islam like shalat, zakat, fasting and going on hajj, all those contain aspect of maslahat .43 the logic of maslahat can only be used to decide social cases which cannot be found its law explisitly or implisitly in Alqur’an and Hadits and it cannot be decided as rejected maslahat (al-mashlahah al-mulghah). If it is stated as maslahat mulghah, as the interest of borrowing (riba), the distribution of heir between men and women and pig enzym. Although it contains maslahat but it has been decided as forbidden in Alquran.44

          Ushul ‘Ulama explained that there are different principle inside ibadah and muamalah. In muamalah, the mind is more dominant compared with revelation because mind is regarded capable to detect useful qualities (maslahat) which man struggles to fullfill his needs in life and medarat qualities (mafsadat) which he always avoids. Whereas in ibadah, revelation is more dominant compared with mind because mind cannot reach the knowledge of what he should do to worship Allah SWT, and when and where man should do it. All those are outside mind authority, only Allah who has the right to decide it.  From this thesis, it is clear that the principle in ibadah is waiting an ordder (wahyu), no space to create (la majala li al-ijtihad), while in muamalah (culture, economy, politics and social) revelation only fuctions  to guide and give signs so men have more opportunities to do innovation and changes.45

I.       The Islamization of Culture   

          If it is examined carefully the core of the problem which creates controversion among ‘ulamas connected with the tradition of death ritual of Javanese moslems is  about alms and dzikr ceremonies with reading Al-Quran verses presented for the dead. It is regarded as part of the religion core. At the beginning, as it has been explained above, primitive society especially in Cirebon, has the belief that the spirit of the dead is still in the surrounding of the bath place for one week. They assume that the spirit can communicate with the people who are still alive, especially his families, relatives and close friends. Threre was an old man who told his experience that the people living in the surrounding of the house of the dead often heard a voice of crying or moaning of the dead which came from the bathing place. Even someone told that on the first days the dead appears and meet some of his close friends. To honour them, the family with his neighbours gather and stay awake at the house of the dead until seven days. After seven days the spirit goes to his grave, then he comes back again to meet his family on the fortieth day, the hundredth, the thousandth etc. On those days, there are ‘stay awake’ ceremony to honour his coming and to avoid his cruelty.46

          Afterwards, the leaders of Islam came to the place to do reformation connected with the belief and ritual which seperated from syari’at. The leaders did not do reformation about the days which the society regarded sacred to do ‘stay awake’ ceremony but only changed the main mission, i.e. to straighten aqidah from clenical belief which is lost to the truly belief (imaan).  At first, primitive society who were animists, taught the followers to worship their ancestors and gods. Then the leaders of Islam changed their belief by teching them to worship the only God Allah SWT (tauhid). To face the case of death ritual done by the local society, the leaders used cultural approach. They made use of the ritual culture as a means of building a strong muslim community, visiting each other, caring each other, helping each other and being a means of preaching that can motivate society like to do good deed, to do dzikr and to read Al-Quran. Thus the leaders of Islam have compromised between religion and culture, which was contradicted in the past, to strengthen each other (Islamic culture). Religion is  as a base to make culture and culture is made as an effective means  to motivate society to to do religious teachings. The days regarded sacred by society are not left out, but the aqidah is straightened and the application is suited with syariat. The reason is bid’ah and khurafat lie on the problem of aqidah and ibadah, not on the practice and the reading. If a good deed or giving alms is aimed to Allah sincerely without regarding the days and certain reading as part of religion core, so the alms and the reading can be hoped to get reward from Allah SWT. The reason is alms and the reading which are undecided by syariat about the kind and the time, can be done freely anytime and how many. Imam Bukhari and Muslim told a hadits from Aisyah ra. about alms for the dead as follows :

          Someone asked the Prophet SAW, my mother has died and I see if she can talk, she wants to give alms; does my mother get reward if I myself who give alms ?  The Prophet answered, yes she does.  (Told by Bukhari and Muslim)

 According to one of Syafi’iyah ‘ulamas, Ibnu Alan Ash-Shiddiqie, the question appeared because he had understood about the information from Al-Quran which emphasized that man cannot get reward except from what  he has done himself (    وأن ليس للانسان الا ماسعى) until the man asked the Prophet SAW to leave out his doubt if he gives alms for and by his mother’s name. He felt satisfied after hearing the answer from the Prophet because the answer is fit with his hope. Ibnu Alan gave comments further that the verse Al-Quran above is possibly aimed to kafir (unbeliever), not moslems, or if it is aimed to moslems, the meaning is to give motivation to the believers in order to be dilligent to give alms, not to hope reward from alms done by other people. That is the justice of Allah, everyone does good deed, surely he gets reward and everyone does bad deed, surely he gets torture, while passive person, surely he gets nothing. But if someone gets mercy from Allah given through someone else’s kindness, so for whoever, of course, deserve to accept it.47  

         Imam Abu Dawud told a hadits about the effort of someone else who gives usefulness to the dead as follows :

          From Amr, also from Abu Abdullah, also from Abu Laila Utsman Ibnu Affan said : Prophet SAW if he had finished burying the corpse, he stood up there and said : You read istighfar for your brother and ask for permanent iman for him, because really he is now being questioned. (Told by Abu Dawud)

            Ibnu Alan Ash-shiddiqie gave comment that man for the first time he died and entering  the barzah nature, so nobody can imagine how confused he is. Because it is the new nature which is really unknown. So if some of his families sit down for a moment on the grave to ask for forgiveness and to ask for permanent iman and Islam, so it will help lighten his problem because of the presence of his family although under the ground but the reading of Al-Quran, dzikr and istighfar from his family can create the feeling of calm and also the coming down of mercy from Allah SWT.48

          People when in their lives have ‘amal shaleh and do many goodness, so when they die, of course, many people come to escort and pray them. On the other hand, people when in their lives like to do crime, so,of course, many people when they die, curse them. This case happened when Prophet SAW with his friends were gathering, suddenly a corpse passed by in front of them. Shahabats spontanously praised the goodness of the corpse, then Prophet SAW said: ‘That’s exact.’  Not long after that a corpse passed by again, then shahabats mentioned the cruelty of the corpse, Prophet SAW said again : ‘That’s exact.’ Umar Ibn al-Khattab asked : What do you mean by ‘That’s exact’  ya Rasulullah ? Rasulullah SAW answered :

          The first corpse, you praised his goodness, so surely heaven is for him, and the second corpse, you have mentioned his cruelty, so surely hell is for him; you are the witnesses for Allah in the earth. (Told by Bukhari and Muslim) 

      

          The expression of honest shahabats about someone’s deed when he was still alive, whether the first or the second corpse is the statement suited with the reality, not pretention, invent story, so Prophet SAW confirmed to the evaluation and declared that those shahabats would be the witnessesbeside Allah in the dayafter. They expressed the statement honestly, without collution before. Ibnu Alan gave comment that the expression of shahabats, the position is the same as prayer and or the giving of syafa’at promised by Allah will be given.49

          From the description above, it is clear that bid’ah and khurafat connected with the ceremony of Javanese Islamic ritual lie on ‘aqidah problem, not on alms and the reading. Practice of alms and dzikr or tahlilan as the content regarded sacred based on Islam teaching , replacing the position of slametan and magic formulas aimed at worshipping the spirit of ancestors and gods, so in the end it becomes the tradition applied until now. Here there is theological deviation if certain days which are the society culture, are regarded as part of the religion core.  Likewise, if dzikr and a variety of tahlil reading with the number and the order are regarded as religion teaching, because dzikr and tahlil in order are not applied based on syari’at, but it is a guide of a teacher to the students just to make it easy the way of dzikr. It cannot be opposed that dzikr and tahlil are generally suggested by syari’at based on Al-Quran and hadits. There are many verses of Al-Quran and hadits indicating the case.  So, dzikr and tahlil can be done freely, without having to be limited by crtain days and dates.

          The case of Bani Isra’il who asked Prophet Musa to prepare a statue to worship or the case of shahabats who asked Prophet SAW to point to a tree which is regarded fortunate (dzatu anwath) to give luck to their swords in the hope that they got victory in war compared with the practice of tawasul done by the Prophet SAW himself and one of his friend, Umar bin Khattab, in shalat istisqa, of course it is very different. The basic difference between those both based on the aqidah attitude which are principally different. In this case, moslems are demanded to be able to differentiate carefully between iman and kufur, nifaq and fusuq, tauhid and syirik, to worship and to honour, to ask and tawassul and so on, in order that not lost and losing. Mukminin who are doing shalat facing Ka’bah with musyrikin who are praying facing statues, of course, they are very different although practically it seems no difference. Because the difference lies on the theological attitude. Likewise, when Prophet SAW and one of his friends, Umar Ibnu Khattab, did tawassul in istisqa and mukminin doing ritual connected with Javanese Islamic tradition is very different with the idol worshippers whose tawassul were rejected because their theological attitude in making god an ally (syirik). They worshipped and asked to the idols (syirik), not to God (tauhid). But if moslems when they visit and ziarah to the graves of Islamic leaders have the same theological attitude, i.e. they feel certain that it is the Islamic leaders  who give blessing, not Allah, it is lost bid’ah, the same as worshipping idols. The basic difference, as stated above, is from aqidah side, not ritual practice. For moslems who do dzikr and pray even in the holy places, such as Mekah, Madinah, Masjidil Haram, Masjid Madinah, raudhah, multazam, maqam Ibrahim and the others, are demanded not to disturb the concentration of requesting to Allah. They must believe that the blessing of living is given by Allah, not by the holy places. Likewise when visiting the graves of Islamic leaders (waliyullah), only to be wasilah, not the aim, that is to do dzikr and pray more seriously. The society visiting the the graves of waliyullah should know the biography and the struggle history of them in order not to be lost because graves are not the holy places. They are only the places regarded suitable for concentration in dzikr and praying.

          The case in shalat istisqa, as stated by Imam Asy-Syafi’ie in Al-Um, that Prophet SAW showed different attitude if compared with when he did shalat Jum’at and shalat ‘Ied. His performance was strong, shining, merry, using fragrance, wearing best clothes. On the other hand, when he did shalat istisqa, he did not perform strong and merry, but only took a bath to clean his body. He wore simple clothes, walked with the head down and sat and talked with soft voice and calm. Imam Asy-Syafi’ie suggested to Imam and khatib who would lead shalat istisqa should behave as the attitude of Prophet SAW. Likewise, the people who follow shalat istisqa, they should wear simple clothes and walk with the head downward and indicate the lowness of a slave who wants to request to his God.50

          The attitude of Prophet SAW belongs to one of the form of tawasul to propose prayer to Allah SWT. Next, Imam Asy-Syafi’ie developed tawasul in the way to perform children and very old people, men and women. While the opponents of Islam, doing bad actions, according to him, it is better not to present them, even prevent them from attending shalat istisqa. When they are present, place them in the separate place, so they do not sit with the people who want to do shalat istisqa. The reason is because Prophet SAW selected the poeple present as wasilah in his istisqa. Really the unsinful people or people who have relatively little sin, can be wasilah to propose prayer to Allah SWT, Prophet SAW said :

          Unless there are very old people and little children, whom with them it becomes prosperous, so adzab Allah will be put on them. (Told by Al-Baihaqi)

          Imam Al-Mawardi gave comments that little children who are still holy from sin, deserve blessing from Allah SWT and are more acceptable their appeal. Likewise, old people who have repented to Allah SWT, of course, their sins decrease so it is nearer to be accepted their prayer. Furthermore, Imam Al-Mawardi told the case of Prophet Musa AS when he did istisqa. At that time he asked the society that all sinful people were sent home. But, unluckily, because all people felt guilty so, the result was there no people stayed there, except a man who had cross eyed. After Prophet Musa saw that there was only one person left, so Prophet Musa asked him : ‘Hi .... , do you hear me ?’ He answered : Yes, right, I do.’ When he was asked, the man looked very calm because he felt not guilty, he did not go home but stayed there. Then he said that he only saw a woman who disturbed his eyes, but now she did not disturb him anymore. Then Prophet Musa did istisqa together with the man, next it rained hard. 51

          Umar bin Khattab, when doing shalat istisqa, he brought uncle of Prophet SAW, Abbas ra. And in his prayer Umar clearly mentioned tawasul (taqarrub). Imam Bukhari recorded the event in his shahih book as follows :

         It was told that Umar Ibnu al-Khattab ra. went for istisqa with Abbas, Prophet’s uncle, then in his prayer he said : Ya Allah, we came closer to You with Your Prophet’s uncle and their parents and very old people so protect us ya Allah, look at Your Prophet in his uncle’s problem. We come closer to You for asking forgiveness and repentance. Abbas ra cried, then he prayed : Ya Allah, You are the Protector, so don’t let us lost, milk for babies has dried, old people are confused, prayers have been sent and You know most our whispering and what are inside our heart. Ya Allah, fullfill their request with Your help before they become hopeless and ruined, because really nobody hopeless except the unbelievers. A hadits reteller said : not long after that it was cloudy and it rained. People crowded around Abbas and they caressed his body while saying : Congratulation Abbas, you have watered two lands of Haram. (Told by Bukhari) 52

          Umar Ibnu al-Khattab with other friends did istisqa using wasilah with Abbas ra, uncle of Prophet SAW, it is clear (sharih) and in his munajat, he mentioned some people who are proper to get mercy from Allah SWT. Furthermore, Abbas ra in his prayer mentioned a milking mother who needed help. But the most important is that the mentioning of the names of holy people in prayer and munajat ahlul tauhid if compared with prayer and munajat of ahlul kufri wal fusuq wal ‘isyan is very different in iman. More clearly  after the request was accepted by Allah SWT, then people directly crowded him and admired Abbas. This does not mean deviation of aqidah because the meaning of praising Allah SWT (puji hadits ‘ala al-qadim) with praising humans (puji hadits ‘ala al-hadits) is clearly different. Likewise the difference between to respect and to worship, tawasul with to request etc. are theologically different. The first is aimed to humans whereas the second is aimed to Allah SWT. For those who are careful in applying this case, they will be causious.

          The view of Imam Asy-Syafi’ie, as explained in the book Al-Um, 53 based on Al-Juhani, the story of Malik from Shalih Ibnu Hisan, from Ubaidillah Ibnu Abdillah Ibnu Utsbah Ibnu Mas’ud from Zaid Ibnu Khalid, that when Prophet SAW prayed shubuh together, we at Hubaidiyah saw a slight of cloud in the sky at the end of the night. Having finished praying, Prophet SAW faced his community and asked :

          Do you know what Allah told you ? They answered : Only Allah and His Prophet know ; (next he explained) Allah said : some of My servants are mukmin to Me and some are kafir to animals and some other mukmin to animals and kafir to Me. Whereas people say that we get rain because of this animal and that animal, so those are kafir to Me and mukmin to animal (Told by Asy-Syai’ie fi Al-Um)

          Imam Asy-Syafi’ie gave comments that the Arabian have spoken language which is wide in meaning. The expression above indicates this meaning, because raining at that time belonged to spraying musyrikin in Hudaibiyah war. So according to me, Imam Asy-Syafi’ie said, the Prophet’s utterance which says that people expressed a sentence : we get rain because of the gift of Allah and His mercy are mukminin,’ because they believed that it is impossible the rain falls, except the gift from Allah SWT. Whereas the people who expressed the sentence that : we get rain because of the east star or this oor that’, is the expression of musyrikin who believed that rain comes because of the east star (an-Nau’), this is clearly kufr. And the meaning is different again if they give the meaning that the east star (al-Nau’) is the sign of coming rainy season, not something which gives rain, so this belief does not cause kufr, because the expression is the same as the expression that rain falls in December, January and February. While July, August and September are dry season. This expression does not cause the doer becomes kafr, because it does not indicate iman and believe other than Allah.54

          The description above explains that kufur and musyrik lie on the belief of musyrik people who believe that rain falls because ‘tsurayya star’ has gone down in the west, not because of the blessing of Allah SWT. They, in this case, positioning star Tsurayya as god who gives rain, so this case is syirik, because relating rain with the star. While star Tsurayya is a creature which can do nothing. It can give neither advantage nor disadvantage. Imam Ahmad wrote a story from Abu Hurairah that Prophet Sulaiman had ever done istisqa and tawasul with an ant. The story as follows :

          That Prophet SAW said : Prophet Sulaiman as went for istisqa. Then he saw an ant on his shoulder,looking up to the sky and lifting its hands up and prayed : Ya Allah, I am really  one of Your creature. I cannot live without the falling rain from You; so Sulaeman said : (Hi human) go home, you have got the falling rain from the prayer other than you. (Told by Ahmad and regarded shahih by Hakim).55

          Whereas the practice of istisqa, explained by Imam An-Nawawi, there are three applications. First, it is done by reading prayer only without other activity; second, it is done by reading prayer combined with khutbah jumat. This is relatively better if compared with the first, because khutbah jumat is an acivity with shalat. Third, by doing shalat two raka’ats and khutbah twice,beginning with religious attitude like fasting, giving alms, repentance and avoiding maksiat deed.56

          Meanwhile, Imam Asy-Syafi’ie told that society who want to istisqa, do fasting first for three days and do good deed which can make close to Allah, fit with their ability, like be kind to orphans, etc. Then on the fourth day they go to the field, still fasting, then doing shalat istisqa with Imam. Besides, society are suggested to accomplish the right connected with someone else’s right, whether law court right such as debt and credit, ghasab etc, or moral private right such as ghibah and solving internal konflic by forgiving each other. After that, walk to the field wearing simple clothes, then sit down and do dzikr and istighfar like what the Prophet SAW did.57

J.      Closing   

1.      Historical fact indicates that the contact between religion and culture cannot be avoided. Islam is spread to various areas. Local society has custom and culture that arrange their lives. When Islam was introduced for the first time in the area of Arabia, Arab society has custom and culture which were always obeyed. It is the same as Islam was spread to Javanese land, the society has followed custom and culture which arrange their attitude. The contact between religion and culture at last, results Islamic ritual tradition which is called bid’ah idhafiyah by Imam Asy-Syathibi. In one side it is pure ritual but from other side it is the action to invent (bid’ah).

2.      Bid’ah idhafiyah is not clear because the difference between religious side and culture side is very thin so many people do not know it. 58

Extrim ‘ulamas regard that action as lost bid’ah, because it deviates from religion, while the others regard it as bid’ah hasanah because there is relevancy with religion.

3.      The solution to offer is that moslems can understand the ritual tradition of  Javanese Islamic society deeply, so theologically it can separate part of religion core and culture and custom.

                                                                                                                            

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Footnote

1.      See : Anisatun Muti’ah dkk. in Harmonisasi Agama dan Budaya di Indonesia (Jakarta. Balai Penelitian dan Pengembangan Agama, 2009), page 18, and see Mukhlisin Muzarie in Islam dan Upacara Kematian di Kabupaten Cirebon (Risalah Sarjana Muda IAIN SGD Bandung Tahun 1973), page 58

2.      See : HA Hafizh Anshari AZ, dkk, Ensiklopedi Islam, (Jakarta,PT Ichtiar Baru Van Hoeve, 1999), part 1, page 63

3.      WJS. Poerwadarminta, Kamus Umum Bahasa Indonesia (Jakarta, Balai Pustaka, 1976), pages 18-19

4.      Ibnu Mandhur, Lisan al-Arab, (Bairut, Dar Ihya al-Turats al-Arabi, Tt.), part 4, pages 460-461

5.      Ibid, part 6, pages 345-347

6.      WJS. Poerwadarminta, Kamus Umum Bahasa Indonesia (Jakarta, Balai Pustaka, 1976), page 157

7.      Ibid. page 15

8.      Ibid, page 108

9.      Rusdi Mukhtar, Harmonisasi Agama dan Budaya di Indonesia 1, (Jakarta, Kementerian Agama, 2010), page 175

10.  Ibid,

11.  HA. Hafizh Anshari dkk, Ensiklopedi Islam (Jakarta, PT Ichtiar Baru Van Hoeve, 1999), part 2, pages 247 - 248

12.  HA. Hafizh Anshari dkk, Ensiklopedi Islam (Jakarta, PT Ichtiar Baru Van Hoeve, 1999), part 2, page 259

13.  See : HA. Hafizh Anshari dkk, Saplemen Ensiklopedi Islam, part 1, page 15 See :

14.  Anisatun Muti’ah dkk. in Harmonisasi Agama dan Budaya di Indonesia (Jakarta. Balai Penelitian dan Pengembangan Agama, 2009), part 1, pages 5-8

15.  Abu Syamah is the teacher of Imam An-Nawawi, his complete name is Syihabuddin Abdurrahman Ibnu Ismail Ibnu Ibrahim al-Maqdisi al-Dimasyqi, born in 579H and passed away in 665H. See Muhammad Ibnu Yasin Ibnu Isa Al-Fadani al-Maki in Al-Fafa’id al-Janiyah (Bairut, Dar al-Basya’ir al-Islamiyah, 1996) part 2, page 46

16.  Ali Ibnu Hasan Ali Ibnu Abdul Hamid, Ilmu Ushul al-Bida’ (Riyadh, Dar al-Rayah, 1992), page 89

17.  Javanese society has the belief that the spirit of the dead for seven days is still around the bath place, so in the night the place is given a torch. When seven days have passed, the spirit goes to the grave. The spirit will come back to his house on the fortieth day, the hundredth, the thousandth and every of his birthday for three times, then the spirit leaves his family. To honour the spirit and avoid the cruelty of the spirit. His family always hold sesajen he likes when he is still alive.

18.  See QS Ali Imran, 3 : 159

19.  See : Al-Mawardi, Ali Ibnu Muhammad Ibnu Habib, Al-Imam, Al-Hawi al-Kabir (Bairut, Dar al-Fikr, 2003), part 3, page 234

20.  An-Nawawie, Abu Zakaria, Yahta Ibnu Syaraf, Syarah Shahih Muslim (Al-Qahirah, Muassasah al-Mukhtar, 2001), part 3, juz 6, pages 239-240

21.  See : An-Nawawie, Muhyiddin Ibnu Syaraf, Kitab al-Majmu’ Syarah al-Muhadzdzab (T.Tp. Dar Ihya al-Turats al-Arabi, Tt.) part 5, page 290

22.  Imam Thawus is a great Tabi’ien, see : As-Sayuthi in Al-Hawi li al-Fatawi (Bairut, Dar al-Fikr, 2009), juz 2, page 216

23.  See : Jalaluddin al-Sayuthi, al-Hawi li al-Fatawi, (Bairut,Dar al-Fikr, 2009), juz 2, page 216

24.  See : Jalaluddin al-Sayuthi, al-Hawi li al-Fatawi, (Bairut,Dar al-Fikr, 2009), juz 2, pages 217-220

25.  See : Ar-Razi in Al-Mashul fi Ilm al-Ushul (Bairut, Dar al-Kutub al-Ilmiyah, 1999), part 2, page  200

26.  See : Hishshah binti Abdul Aziz al-Shahir, Al-Hadits al-Mursal baina al-Qabul wa al-Radd, (Bairut, Darr Ibnu Hazm. Tt), part 1, page 299

27.  Ibid, pages 274-278

28.  Ibid, page 304; there is another hadits which says that my friend is like a astar, to whoever you hold, you will get a guide (أصحابى كالنجوم بأيهم اقتديتم اهتديتم)

29.  Ath-Thufi, Najmuddin, Syarah Mukhtashar Al-Raudhah (Bairut, Muassasah al-Risalah, 2003), part 2, pages 142-143

30.  An-Nawawi, Yahya Ibnu Syaraf, Shahih Muslim bi Syarah An-Nawawi (Al-Qahirah, Muassasah al-Mukhtar, 2001), part 1, pages 62-63

31.  See : Jalaluddin As-Sayuth, al-Hawi li al-Fatawi, part 2, pages 229-230

32.  Whereas the cases presented in clarifying iman and Islam of someone in the grave, as written by ‘ulamas, cover the essence of iman and ibadah, i.e. the question of God, Prophet, religion, etc. The questions are (من ربك ومن نبيك وما دينك وما أمامك وما قبلتك ومن إخوانك), the answers written; (الله ربى ومحمد نبيى والاسلام دينى والقآن إمامى والكعبة قبلتى فى صلاتى والمسلمون والمسلمات إخوتى), See : Syaikh Ahmad Rifa’ie, Ri’ayatul Himmat, part 2, koras 3, chapter ‘nutur auliya’

33.  See : As-Sayuthi, Al-Hawi li al-Fatawi, part 2, pages 228-229

34.  Ibid,  part 2, page 226

35.  See : Muhammad Ibnu Umar Ibnu Ali Nawawi al-Jawi al-Bantani, Nihayat al-Zain fi Irsyad al-Mubtadi’in (Bandung PT Ma’arif, Tt.), page 281

36.  See : Syaikh Ahmad Rifa’ie , Abyanal Hawa’ij, part 5, korasan 55, piece 5

37.  An-Nabhani, Yusuf Ibnu Isma’il, Asy-Syaikh, Al-Fath al-Kabir fi Dlamm al-Ziyadah ila al-Jami’ al-Shaghir (Bairut, Syirkah Dar al-Arqam, Tt.), part 2, page 32

38.  Ibid, page 302

39.  Ibid, page 303

40.  The view of ‘Ulamas in receiving hadits dhaif is divided into three groups, first receiving hadits dhaif in fadhailul a’mal, stories, advice etc., which not connected with halal-haram and aqidah. Al-Izz Ibnu Abdissalam, Ibnu Daqiqil ‘Id and Ibnu al-Shalah. Second, receiving hadits dhaif absolutely, connected with halal and haram, with notes, not too dhaif and is not contradicted with stronger law. Imam Ahmad Ibnu Hanbal and Abu Daud give that opinion. They say that the hadits although dhaif it is better than the opinion of someone, because it is possibly true inside the hadits. Third, rejecting strongly to use hadits dhaif, not on fadha’ilil a’mal and also not on the others. Ibnu al-Arabi al-Maliki gives that opinion. See : Abdullah Sya’ban in Qawa’id al-Muhadditsin (Al-Qahirah, Darr al-Salam, 2005), pages 453-457; and see : Dhafar Ahmad al-Utsmani al-Tahanawi, in Qawa’id fi Ulum al-Hadits (Bairut, Maktabah, al-Mathbu’at, 1984), page 37

41.  See : Muhammad Shalihin, RitualKematian Islam Jawa, (Yogyakarta, NARASI, 2010), page 174

42.  See : Omar Abdallah Kamel, Kenapa Takut Bid’ah, pages 21-22 and 41-42

43.                        The Qaidah is popular as follows, see : Ali bin Hasan bin Ali, in Ilm Ushul al-Bidha’, page 70  :

ومعلوم أنه لاحرام الا ماحرمه الله ورسوله ولا تأثيم الا ما أثم الله ورسله به فاعله كما أنه لاواجب الا ما أوجبه الله ولا حرام الا ما حرمه الله ولا دين الا ما شرعه الله فالآصل فى العبادات البطلان حتى يقوم دليل على الامر والآصل فى العقود والمعاملات الصحة حتى يقوم دليل على الامر

44.    See : Ar-Razie, Fakhruddin, al-Imam, al-Mahshul fi Ilmal-Ushul (Makkah al-Mukarramah, AbbasAhmad Al-Bazz, 1999), pages 499-500

45.    Qaidal Ushul, see : Ali Bin Hasan bin Ali, in Ilm Ushul al-Bidha’, page 213,  as follows :   ( الاصل فى العبادة أن لايشرع فيها الا ما شرعه الله والاصل فىالعادات أن لا يحظر الا ما حظره الله)

46.    The result of research of the writer about : Islam dan Upacara Kematian di Kabupaten Cirebon, Naskah Risalah, IAIN Sunan Gunung Jati Bandung Tahun 1973)

47.    See : Ibnu Alan Ash-Shiddiqi, Muhammad, Dalil al-Falihin li thuruq Riyadh al-Shalihin  (Halab. Musthafa al-Babi al-Halabi.Tt.), juz 3 , page 433

48.    Muhammad Ibnu Alan asy-Shiddiqi, Dalil al-Falihin li thuruq Riyadh al-Shalihin  (Halab. Musthafa al-Babi al-Halabi.Tt.), juz 3 , page 431

49.    Ibid, page s 434-436

50.    Asy-Syafi’ie, Muhammad Ibnu Idris, Al-Imam, Mausu’ah al-Imam Asy-Syafi’ie Kitab Al-Um (Bairut, Dar Ihya al-Thurats al-Arabi, 2001), juz 2, page 86

51.    Al-Mawardi, Al-Hawi al-Kabir (Bairut, Dar al-Fikr, 2003), part 3, page 145

52.    Al-Mawardi, Al-Hawi al-Kabir (Bairut, Dar al-Fikr, 2003), part 3, page 144

53.    Asy-Syafi’ie, Muhammad Ibnu Idris, Al-Imam, Mausu’ah al-Imam Asy-Syafi’ie Kitab Al-Um (Bairut, Dar Ihya al-Thurats al-Arabi, 2001), juz 2, pages 94-95

54.    Ibid, juz 2, page 95 

55.    See : Muhammad Ibnu Yasin Iibnu Abdullah, Nail al-Maram Syarah Bulugh al-Maram (Makkah al-Mukarramah, Maktabah al-Tijariyah, Tt.), juz 1, page 206

56.    Muhyidin Ibnu Syaraf An-Nawawi, Sharah Shahih muslim (Al-Qahirah, Muassasah al-Mukhtar, Tt.), juz 6, page 199

57.    Muhammad Ibnu Idris Asy-Syafi’ie, Maushu’ah Kitab Al-Um (Bairut, Dar Ihya al-Turats al-Arabi, 2001), juz 2, page 86

58.    See : Muhammad bin Abdul Wahab in Kasyfusy Syubhat fi al-Tauhid, Shaleh Fauzan in Al-Irsyad ila Shahih al I’tiqad: Mahmud Hasan Rabi’ in Kasyfisy Syubhat ‘an Ihda’its Tsawab lil Amwat and see Al-Sayyid Muhsin al-Amin al-Husaini al-Amili in Kasyful Irtiyab fi Atba’l Muhammad ibn Abdul Wahab, etc.