Marxism and the Path to Liberation Jurisprudence

Citation preview

Marxism and the Path to Liberation Jurisprudence By Muhammad Al-Fayyadl

The rich are getting richer and the poor are getting poorer. That is a picture of life today under the capitalist system that infects the global economic system, including Indonesia. The many cases of people's evictions, conflicts over natural resources, coupled with the phenomenon of labor exploitation in the name of "flexible labor market", show that the capitalist system has gripped the freedom of the lower class to be able to live humanely and with dignity. For this reason, the Tanwirul Afkar (TA) crew, Ma'had Aly Bulletin of the Salafiyah Syafi'iyah Islamic Boarding School Sukorejo Situbondo, interviewed Muhammad Al-Fayyadl (MAF), activist of the Nahdliyin Front for Sovereignty of

Natural

Resources

(FNKSDA),

alumnus

of

the

Department

of

Contemporary Philosophy from Université Paris 8, France, who is also a teacher at the Nurul Jadid Paiton Islamic Boarding School in Probolinggo; after giving a public lecture entitled "Fiqh and Marxism, Towards Liberation Jurisprudence?" before Ma'had Aly Salafiah Syafi'iyah female students, January 11 2018. With her capacity in religious knowledge and contemporary social discourse, she tries to formulate a pro-oppressed fiqh concept. The following text is adapted from a written interview contained in the 538th edition of the Tanwirul Afkar Bulletin (March 2018) with a number of revisions and improvements for readers of Islam on the Move. TA: Do you think our jurisprudence leans towards capitalism or socialism?

MAF: Actually you don't automatically lean towards one or the other. It's just that our fiqh often vacillates. In one condition, fiqh products resulting from the ijtihad of our scholars in Indonesia sometimes support or legitimize capitalism. Of all its forms, the production sector or others. Sometimes on the other hand, fiqh products are capable of holding back the pace of capitalism (protecting the interests of the people, ed .) It's just that, if we don't have awareness of what and who we are actually dealing with, then fiqh will continue to fluctuate in choices to determine its side. In fact, I think, this alignment should be clear, namely towards the Mustadl'afin, namely those who are oppressed or marginalized, the people, or the ummah in general. However, at the methodological level, not all of this alignment is reflected. So, there is still a lot of homework to fix what is lacking from the existing fiqh buildings. And we are still in euphoria with the "Sharia economy" which we consider a symbol of benefit. Apparently, in other sectors, it has not worked. The Islamic economy that is currently developing—my notes and criticism—is only engaged in the distribution and consumption sector, for example halal product certification, money distribution and capital loans that are claimed to be non-usury. But in the production sector, for example, we see how much land is owned by the private sector, by companies, by conglomerates. We'll also see who the large manufacturing factories and service industries in Indonesia belong to. It has never been touched by fiqh. In your opinion, what concept of Fiqh Mu'amalah needs to be reconstructed? In my opinion, we need to first ask, why can fiqh be sterile or made sterile by capitalism? While I have two guesses. First, the absence of political-economic

awareness (Ekopol) in fiqh. And second, because of the absence of "materialism" in fiqh epistemology. That is, for the first point, fiqh is not aware that the driving force of social life is political economy (Ekopol), namely production relations between social classes that exist and continue to fight for dominance over other parties, either through economic domination or political power. . Jurisprudence tends to assume that the life of Muslims, the life of the people, has been going "good", orderly, harmonious. This is due to the bias of social awareness which tends to see hierarchies and differences in social status as "destiny". Or at least the reality of life that "flows" just like that. Even though it's not. Social life is full of unequal relationships, and there is a potential for injustice. In the past, Mbah Kiai Sahal Mahfudz criticized this through his "Social Jurisprudence". Well, I suggest, after "Social Jurisprudence",al-fiqh al-iqtisadi as-siyasi . Herein lies the problem of “materialism”. By “materialism” I mean not worldly or material love. But a perspective that places material and concrete things as a starting point for understanding the development of our social life. So, I offer a reverse view. Instead of starting from the principles or propositions first, Jurisprudence must start from what material reality is being faced. From there, the principles and arguments are sought, then the law is decided, then returned to the material facts, whether this material reality can change or not. If we map it out, we will recognize that there are two broad categories of Islamic law in the building of fiqh, namely al-ahkam at-taklifiyyah , laws that are explicitly halal-haram, concerning obligations and prohibitions for the person who is legally burdened with the law; and al-ahkam al-wadl'iyyah , laws relating to conditions, causes ( sabab ), or deterrent factors ( mani' ) that allow a law to apply or not to apply.

So, awareness of Ekopol and materialism can be built at the level of al-ahkam al-wadl'iyyah . There we can see, if the material reality is full of injustice, then it must be prevented or fought against. Of course, when referring to al-ahkam at-taklifiyah , there is no fiqh argument which states that "capitalism is forbidden", because the term "capitalism" is not yet known by the Salaf fiqh scholars. But judging from its wadl'iyyah , we can ask whether capitalism is the cause of harm or not. If so, then the consequence is that the Mu'amalah can be terminated as illegitimate. That's the first. On the other hand, we also need to look at the relationship between the Fiqh of Worship and the Fiqh of Mu'amalah itself. The basis of the Fiqh of Worship is of course not Ekopol or materialism, because the provisions for worship come from the instructions of the Al-Qur'an and the Sunnah of the Prophet himself, which are clear ( sharih ). We often understand worship and mu'amalah separately. As if the worship is good, then the mu'amalah is automatically good. Today's capitalist life suggests otherwise. Even though our worship is good, we are able to carry out the pillars of Islam perfectly, and we go on pilgrimage to the Haram Land, it is not certain that our mu'amalah is systemically good. Because even for Hajj, we have to pay dearly and are entangled in the market system, meaning, we are still under the "iron law" of capitalism. My suggestion, we need to look at the reverse pattern. The initial foundation of our fiqh is Mu'amalah Fiqh first, then the Jurisprudence of Worship and other Fiqh. Fiqh Mu'amalah becomes the foundation, the basis. Only on top of it are the other fiqhs placed. That is, hablum minan unlucky is the basis, then hablum minallah is above it. If the starting point from hablum minan naas (material and concrete social relations) is "right", then our Islam at the

hablum minallah level (abstract transcendental-divine relations) will also be "right". As a consequence of this kind of positioning, Fiqh Mu'amalah becomes a "base", to borrow Karl Marx's term. Whereas Fiqh of Worship becomes a "superstructure" (upper building). We can then re-orient fiqh more completely. That fiqh must first make corrections at the Mu'amalah level as a whole and in its entirety, so that all dimensions of worship (' ubudiyah ) of Muslims have true meaning for life together. The problem is, Fiqh Mu'amalah today is still treated partially, and as if it is not the main portion of fiqh. Jurisprudence learning in Islamic boarding schools still places more emphasis on the Jurisprudence of Worship. The Fiqh of Mu'amalah is mentioned a little, and it is less known to the santri than the Fiqh of Worship. This is what makes awareness of the problem of capitalism never appear. It's like, we are "blind", what era do we live in, what air do we breathe. We can worship solemnly alone or in congregation, but as soon as we leave the mosque or Islamic boarding school, we are confused by the fast-paced passage of life. When we leave the mosque, we shop at Indomaret or go to the bank, accidentally getting entangled in capitalism. Another example, if there are many corruptors, there must be economic inequality. Corruption does not just appear. If corruptors are being questioned, whether they should be put to death or have their hands cut off, this issue is at the "superstructure" level. At the "base", at the mu'amalah level, one needs to ask, why does corruption occur? The occurrence of corruption is definitely due to mu'amalah practices that are not true until theft occurs. Corruption is not just theft. We must also see corruption in relation to capitalism. How capitalism gives birth to groups that have enormous capital so they are able to bribe officials or the government. This is all at the level of

"base" can be dismantled. Thus, Jurisprudence answered the problem of corruption that it was not enough to use a criminal approach ( jinayat), hand cut. It is also necessary to use Fiqh Mu'amalah. In my opinion, Fiqh Mu'amalah needs to be considered as a fundamental basis in fiqh. It won't be optimal, aka still fragmentary, we talk about Jurisprudence of Zakat, Jurisprudence of Jinayat, Jurisdiction of Munakahat, and others. It still has the potential to miss the reality of injustice, if we don't depart from Fiqh Mu'amalah first, of course in a different sense. new and “expanded”. Can Fiqh Mu'amalah be combined with other paradigms such as Marxism or Capitalism? For me, it can be sewn, not combined. Well, "stitching" later on the legal logic. Jurisprudence is associated with capitalist logic, it can also be. Only later will we see globally, that capitalist logic is definitely contrary to Islam. For example, trade practices that are oriented towards accumulation ( takatsur or ihtikar ) are prohibited, and that is exactly what capitalism encourages. Even though jurisprudence currently misses this point, it only judges transactions. Hence, the laws of buying and selling ( ahkam al-buyu' ) are only one aspect. If we stop reciting the book al-bay' , our mu'amalah will not progress. We do not know where the product is behind the transaction, who owns it, involves rent or not, accumulation or not, and so on. Scientific studies such as Marxism can help sharpen fiqh. What is Marxism, why does the jurisprudence need to "glance" at Marxism? Aren't Western products foreign to Islamic teachings, let alone fiqh? Isn't

Marxism synonymous with communism which is hostile to some Muslims, and even sounds very frightening to us in Indonesia? This needs to be clarified a little. Marxism is simply a scientific device to dismantle the capitalist system. A science to dissect capitalism. Capitalism has lived for at least more than two centuries, with its extraordinary impact on the world, one of which gave birth to colonialism which used to colonize our nation, and now has given birth to globalization. So far, there has been no scientific study that has been as critical as Marxism in fighting capitalism and pointing out the faults of capitalism. This is because the opponent of Marxism is bourgeois political economy itself, namely the economic theory adhered to by economists who support capitalism. So, like it or not, to understand the ins and outs of capitalism, we must understand two fields of knowledge at once. Bourgeois Political Economy (usually called Classical or Neoclassical Theory in economics). And Marxism, which became the knife of his criticism. Actually, according to the Marxist scholars themselves, there are three major aspects of Marxism. First, Criticism of Bourgeois Political Economy. This is Marxism as an economic theory. Second, which is called " Historical materialism ", historical materialism. This understands history. This is the study of Marxism on the development of a society's life in terms of its production factors and material dynamics. For example, it discusses the existence of social classes and castes, the birth of elites, the birth of capitalists and workers, the birth of slavery, wage work, wars, conflicts, the birth of states, and so on. And third, socialism. This is the political theory. This is more of an orientation of the political movement of Marxism, namely to create an alternative society after the crisis of capitalist society.

Of relevance to fiqh, I think for the time being, are the first two aspects of Marxism. Namely, as a critique of the bourgeois political economy and its historical materialism. If this can be used as an "tool" for fiqh, we will get a lot of "enlightenment" to step into fiqh which frees us from all problems and roots of injustice. A fiqh of liberation. Just like this. Don't forget Ushul Fiqh. We know, Usul Fiqh is the basic logic of fiqh, its methodology. There are contained methods, and axioms that become a reference for fiqh reasoning. Usul Fiqh is still used as a methodological reference, for example in selecting which aspects are principal ( ushul ), which are derivative or secondary ( furu' ). Which aspects can change, which ones are fixed (because it comes from a sharih Nash ). On the other hand, along with Usul Fiqh, there is Maqashid Syari'ah. There are axiological references, for example the categories maslahat and mafsadat . To determine the material weight of maslahat and mafsadaThat is, later Marxism can help provide a comprehensive picture of the reality on the ground. So for example like this, we are dealing with the case of the establishment of company A in a location. Referring to the benefit or benefit , it turns out that the benefit in the long run will be greater, because the company will destroy the economic independence of the surrounding community, for example. So it's forbidden. The solution is to replace it with another type of business that does not have such an impact. This is only possible if we understand the relations of exploitation, the nature of capital, and so on that are analyzed by Marxism. So, it is not enough to just punish the transaction. Because if only the transaction is assessed, it's over. Wa ahallallah al-bai' wa harrama ar-riba . According to you, is Jurisprudence Mu'amalah historical?

Yes, it is historical. Fiqh Mu'amalah must be seen historically from time to time. Of course, the treatment of Fiqh Mu'amalah in the pre-capitalism era was different from the capitalism era. Because the world and human life have fundamentally changed, not the same as in previous eras, with the existence of capitalism. Capitalism must be seen as determining the history of our lives today, if we don't want to be carried away by the illusions of past lives. What is the difference? Because only in this era of capitalism, all injustices seem normal and become systemic. Yes, the reality is that there is a class society built on unlimited accumulation of capital on the one hand, and the exploitation of those who only have sweat on the other hand. And now, it extends to the exploitation of nature and everything in it for the benefit of capital. Take for example the discussion of wages. We shouldn't be trapped by the concept of wages hundreds of years ago before capitalism. So, Fiqh Mu'amalah once reviewed the status of wages and waged work. In the past, at the time of the Prophet, wage work was in a simple form between the employer ( al-mustajir ) and the worker ( al-ajir).), now capitalism has made it so complicated and very complex. Because there is no direct contact between investors and workers, but is mediated by the company. It is these companies that are looking for workers, and the existence of jobs—explained by the Marxist analysis—is not due to the kindness of the companies or the investor-capitalist, but because of the pressures of life among the poor which force them to sell their labor to factories. This means that it is impossible for people to become laborers, to enter wage work, if there is no systemic compulsion. This is the reason why wages and wage labor were different then and now. When viewed more fully in this way, Fiqh Mu'amalah becomes more responsive to capitalism. It is not enough just to issue a fatwa, the company is

obliged to pay workers' salaries or provide severance pay. But it also asks how long the workers will continue to engage in wage work. Can you delete it? What are the alternatives to wage work? It needs to be constantly excavated. So, don't just stick to the concept of ujroh (wages), then you're done. Maybe there are thoughts from Islamic figures regarding fiqh that are in dialogue with Marxism? There is, like Sayyid Muhammad Baqir Sadr, in his Iqtishaduna . There Baqir Sadr has interesting concepts, especially thinking about non-capitalistic banks. He adopted a Marxist critique of capitalism, although he also made a harsh critique of Marxism. Baqir Sadr called for, for example, greater attention to fair distribution and redistribution, rejecting the accumulation of assets and private property as in the capitalist system. But his thoughts may not be popular in Indonesia because Shadr himself is a Shi'a cleric. The Shi'a fiqh tradition itself is more critical of capitalism than it is of the Sunnis. We are Sunnis, who seem to tend to go with the flow of capitalism. Permits unlimited private ownership and lacks concern for social and environmental impacts. Only since the existence of Maqashid Fiqh, it seems that there has begun to be a balance to the realm of fiqh which is more "socialistic". But that is if we dig properly what is meant by " mashalih kulliyyah " (universal benefit) and " mashalih 'ammah " (general benefit). Because, can this benefit take over the interests of the capitalist class who only think about their own profits? We should appreciate the development of Maqashid Fiqh, while reading it related to capitalism and the socio-economic dynamics that occur. What is your message to the students regarding capitalism?

First, we (students) must treat capitalism as a serious problem in our religious scholarship, so we need to promote critical studies of capitalism. To be able to understand global and national dynamics, for example there is May Day , why are there workers taking to the streets. This is if we (santri) don't understand, we think those who are demonstrating have nothing to do with religion. In fact, it is part of the struggle for rights, which is also strictly ordered by religion. So all this time, the santri community does not know much about or care about dynamics outside the pesantren, so it is only natural that Islamic boarding schools appear to be sterile from capitalism, even though they are not. Second, we need to study critical social sciences, such as Marxism, and not be afraid of false propaganda. If it's propaganda, we can check the book itself or the references. Can Marxism be studied in Indonesia? I think it can be used as a means of education. It's just that there is still a lot of propaganda that is not pleasant to hear. Among other things, studying Marxism will bring atheism. Though, those are two different things. Atheism is a theological attitude, Marxism is a scientific view. And there is a lot of other propaganda. That's what ultimately makes us reluctant, afraid to learn it. Apart from Marxism, we must also study economics thoroughly and critically. Don't swallow every theory. Including conducting an in-depth study of the nature of Sharia Economics. Shari'ah economics with liberation perspective. If the Sharia Economy is not liberation oriented, it won't change many things, it will only perpetuate this unfair system.

The result will be felt when the santri can give solidarity to what is experienced by the people. Many people outside the pesantren have suffered from state policies that do not side with them, but side with capitalist interests. But we, the santri, are still confused about it because we don't know what to do. It's time for us to realize and wake up from this ignorance.