Cogent Arts & Humanities

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Fiqh of tolerance and religious moderation: a

study towards Indonesia, Malaysia, and Thailand

Kurnia Muhajarah & Moh. Erfan Soebahar

To cite this article: Kurnia Muhajarah & Moh. Erfan Soebahar (2024) Fiqh of tolerance and
religious moderation: a study towards Indonesia, Malaysia, and Thailand, Cogent Arts &
Humanities, 11:1, 2303817, DOI: 10.1080/23311983.2024.2303817

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Cogent Arts & Humanities
2024, VOL. 11, NO. 1, 2303817
https://doi.org/10.1080/23311983.2024.2303817

Cultural Heritage | Research Article

Fiqh of tolerance and religious moderation: a study towards
Indonesia, Malaysia, and Thailand
Kurnia Muhajaraha and Moh. Erfan Soebaharb
a
Department of Hajj and Umrah Management, Faculty of Da’wah and Communication, Universitas Islam Negeri (UIN)
Walisongo, Semarang, Indonesia; bDepartment of Islamic Education, Faculty of Tarbiyah and Teacher Training, Semarang,
Indonesia

ABSTRACT ARTICLE HISTORY

The issue of tolerance in religion is crucial to discuss because it is related to laws that Received 16 March 2023
allow or prohibit it, so pro-contra traditions arise between one group and another. The Revised 23 November
pros and cons of the law regarding tolerance between religious communities are 2023
Accepted 5 January 2024
divided into two mainstreams: groups that prohibit it and groups that allow it. In detail,
groups that prohibit them usually use sad al-dzari’ah instruments to prevent harm to KEYWORDS
one’s faith. Meanwhile, groups that allow usually use maslahah instruments with the Tolerance fiqh; religious
consideration of providing mutual benefit. This paper aims to find the fiqh of tolerance moderation; mainstreams;
concerning religious moderation in Indonesia, Malaysia, and Thailand. This research Southeast Asia;
method employed more library research with a qualitative comparative descriptive Wahhabism
method. The research results indicated that in Southeast Asia, especially in three REVIEWING EDITOR
countries that are geographically located in the Southeast Asian region, namely Gertrude Mansah
Indonesia, Malaysia, and Thailand, the moderate concept of religion is equally applied Eyifa-Dzidzienyo,
(Moderation in Religious Practice). Therefore, religious concepts that are extreme or tend Archaeology and Heritage
to justify the use of violent means, as adopted by Wahhabism, are often described as Studies, University of
the most intolerant schools of thought or madhhab in Islam, which seek by any means, Ghana College of
Humanities, Accra, Ghana
including violence, for the development and implementation of ‘Pure Islam’, which they
consider being the truest Islam. It cannot be implemented in these three countries. This SUBJECTS
research contributes to find the fiqh of tolerance concerning religious moderation in History; Religion; Cultural
Indonesia, Malaysia, and Thailand. Studies

1. Introduction
Diversity is part of the reality in Indonesia. Indonesia is the most diverse country. It consists of 17,000
islands with various languages, customs, and traditions (Risakotta, 2016). In addition, Indonesia is a coun-
try that requires every citizen to embrace a particular religion. Lyn Parker calls Indonesia a religious state,
not a secular state or an Islamic state. The term religious state means that every citizen must choose one
of six official religions recognized by the government (Parker, 2017). Normatively, no religion legalizes
intolerance towards fellow adherents of a religion or adherents of other religions.
However, some social conflicts occur due to religious diversity such as the destruction of certain reli-
gious places of worship. The CRCS (Center for Religious and Cross-cultural Studies) report states that there
are at least three significant events related to social conflicts caused by religious differences, e.g. the
destruction of GKI (Indonesian Christian Church) Taman Yasmin Bogor, HKBP (Batak Protestant Christian
Church) Filadelfi in Bekasi, and GKPPD (Pakpak Dairi Protestant Christian Church) in Aceh Singkil (Bagir,
2018). Social conflicts in Indonesia can also occur within one religion, such as fellow Muslims. The phe-
nomenon of religious sect diversity is sometimes perceived as religious differences. One of the daily
phenomena that still have the potential to cause conflict is related to the law of reading Qunut prayers.

CONTACT Kurnia Muhajarah [email protected] Universitas Islam Negeri (UIN) Walisongo, Semarang, Indonesia.
© 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which
permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. The terms on which this article has been
published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.
2 K. MUHAJARAH AND M. E. SOEBAHAR

Some argue that the Qunut prayer is part of the ab’ad al-salah, which, if left out, is recommended to
sujud sahwi, while other opinions do not make it part of the Shubuh prayer. Conflicts due to sectional
differences sometimes occur in the Islamic boarding school environment. Indeed, this reality shows that
cultivating tolerance is crucial to reducing social conflict.
The description above reflects that implementing tolerance still encounters obstacles in society in
general. For some Muslims, tolerance between schools of thought has not been fully realized. Likewise,
the reality of tolerance towards non-Muslims is that social conflict characterizes relations between
religious adherents in Indonesia. If it is allowed to continue, it may erode social cohesion, which has
long historical value and the potential to endanger the Unitary State of the Republic of Indonesia.
Therefore, it is necessary to instill the fiqh values of tolerance accompanied by efforts to fight against
intolerance.
In the book Mustaqbal al-Ushuliyah al-Islamiyah written by Yusuf Qardhawi, there is a particular discus-
sion entitled Al-Mustaqbal Litayyar al-Wasathiyyah (the future belongs to moderate Islamic thought),
which is interesting to observe. In this case, Qardhawi clearly explains the reasons and basis for his
statement. Qardhawi says: ‘Why will the direction of Islamic moderation have a future? Hence, all phe-
nomena and evidence show that the future of the ummah is in the hands of followers of the ideology
of Islamic moderation thinking because these followers can communicate to humans verbally in their
time, more openly and objectively, as well as sticking to nash and constant things’ (Qardhawi, 2017).
Yusuf Qardhawi’s statement above is not an apologetic statement to balance the two orthodox under-
standings on the one side and liberal understanding on the other. This statement is essentially a state-
ment that Islamic teachings are washathiyah (moderate), even higher than moderate, namely being
between reality and ideality, which have high aspirations for the people’s welfare in this world and the
hereafter (MUI, 2019). The moderation of Islamic teachings comes from the texts of the Qur’an and
al-Hadith. In the Qur’an, for instance, it is found in the letter al-Baqarah verse 143: ‘And it is thus that
We have made you [believers] into a just community, so that you may bear witness [to the truth] before
others and thus the Messenger may bear witness [to it] before you’ (surah al-Baqarah verse 143). In one
hadith, it is stated: ‘From Abu Hurairah ra, the Prophet Muhammad PBUH says: ‘If you ask Allah, then ask
Him for al-Firdaus paradise because it is the middle and highest heaven’ (H.R. Bukhari). In this hadith, the
Prophet explains that al-Firdaus paradise is ausath al-Jannah (the middle heaven).
One form of Islamic moderation can be seen in fiqh. Fiqh is a reflective crystallization of mujtahid reason-
ing on sharia texts (al-nushush al-shari’ah) loaded with space and time. Fiqh is not born from a vacuum but
from the dynamics of social interaction in society. Therefore, fiqh continues to develop along with the devel-
opment of the dynamics of social life and the problems of the times surrounding it. The fiqh’s survival power
lies in the concepts of al-tsawabit and al-mutaghayyirat (constant and inconstant things). This paper explored
the fiqh of tolerance concerning religious moderation by studying Indonesia, Malaysia, and Thailand.
The selection of three countries, Indonesia, Malaysia, and Thailand, as representatives of the
Southeast Asian region, was based on three considerations: First, Indonesia has the largest population
and a Muslim majority; Second, Malaysia represents a country with a majority Muslim population with
the most significant number of Islamic universities after Indonesia; Third, Thailand is a representative
of the Muslim minority but has the most Islamic universities compared to other Muslim minority
regions in Southeast Asia. In addition to these three reasons, in terms of the pattern of understanding
and practice of Islam, it can be said that the Indonesian Muslim community is a Muslim religious soci-
ety but has a high pluralist awareness, so it tends to be very open and democratic. Meanwhile,
Malaysia’s Muslim community tends to be traditionalist but inclusive (open) and harmonious with a
pluralist population while still showing its position as a Muslim-majority country. The Thai Muslim
community seems very Islamic but has a more closed tendency because of its minority position.

2. Methods
This study primarily relies on library research with a qualitative comparative descriptive approach. This
approach involved combining the findings of interviews conducted with community leaders and reli-
gious figures from Indonesia, Malaysia, and Thailand.
 Cogent Arts & Humanities 3

Library research refers to the process of gathering information and data from existing literature, schol-
arly articles, books, reports, and other written sources related to the specific topic of interest: religious
interpretations, community dynamics, and regional perspectives.
The qualitative comparative descriptive method aims to provide a comprehensive and detailed under-
standing of a particular phenomenon or topic. It involves gathering qualitative data through interviews,
observations, or textual analysis and analyzing the data to identify patterns, themes, and relationships.
In this case, the researchers conducted interviews with community leaders and religious leaders from the
three countries mentioned to obtain insights and perspectives on the subject of study. The research
employs the qualitative comparative descriptive method, seeking a comprehensive understanding
through the collection of qualitative data via interviews, observations, and textual analysis. Specifically,
the researchers conducted interviews with community leaders and religious figures from three countries,
aiming to capture diverse perspectives and insights on the subject of study.

3. Results and discussion

Strengthening religious moderation has been mutually agreed to be one of the directions of state policy,
which is intended to create a unified, harmonious, peaceful, and tolerant system of religious and state
life. In the context of a diverse Indonesian society, with its diversity of religions, ethnicities, cultures, and
beliefs, strengthening religious moderation is necessary because the diversity associated with fiqh, in
particular, necessitates the emergence of different interpretations. If not appropriately managed, the
extreme diversity of religious interpretations can lead to friction or conflict within religious communities,
between religious communities, and between religious communities and the government.
For the movement’s goals to strengthen religious moderation to be appropriately achieved, a road-
map is needed that explains the stages and strategic steps to strengthen religious moderation so its
success can be measured with clear parameters. Religious moderation is a program whose forerunners
have been echoed since 2016 by the Indonesian Minister of Religion, Lukman Hakim Saifuddin. The pro-
gram is believed to be a solution to organize the religious life of Indonesian society, which is highly
diverse, to create a harmonious, peaceful, and tolerant social, religious, and national life.
At the end of his term as Minister of Religion, on October 8, 2019, Lukman Hakim Saifuddin launched
the book ‘Moderation of Religion’, which explains what religious moderation is, why religious moderation
is vital for the Indonesian people, and what the implementation strategy is. The book contains initial
presentations on conceptual studies of religious moderation, empirical experience of the religious life of
Indonesian society, and recommendations for developing strategies for implementing religious
moderation.
Under the title of this article, the term fiqh of tolerance employed in this research consists of two
combined words. The first word is ‘fiqh’, and the second is ‘tolerance’. The word ‘fiqh’ is etymologically
derived from the word faqaha in Arabic, which means fahima (understand). While the word al-fiqh means
al-’ilm bi alshai’i wa al-fahm lahu (knowing about something and understanding it well). In general, the
knowledge and understanding referred to in the word ‘fiqh’ is always related to religious knowledge
because of the specialties of this knowledge compared to other sciences (Manzur, 1999).
According to al-Subki, the word al-fiqh has three meanings, i.e. mutlaq alfahm (perfect understanding
so that it is absolutely accepted), fahm al-’ashya’ al-daqiqah (understanding of something in depth), and
fahm ghard al-mutakallim (understanding of the true intention of the speaker) (al-Subki, 2015). These
three meanings show that the content of the word ‘fiqh’ requires knowledge of something thoroughly
and in-depth, following the wishes of the speaker’s subject, resulting in an absolute understanding to be
accepted. Terminologically, the word al-fiqh means al-’ilm bi al-ahkam al-shar’iyah al-’amaliyah
al-muktasabah min addillatiha al-tafsiliyah (knowledge of Shari’a law in the form of action, which is taken
from detailed ones) (Al-Subki, 2015).
While the word ‘tolerance’ in Arabic is called the word al-tasamuh. Etymologically, the word al-tasamuh
has the root word samaha, which means jada, i.e. ‘do good or easy to share’. Besides, the word al-tasamuh
means al-tasahul (providing convenience). Terminologically, the word al-tasamuh means qabul al-akhar
(attitude of accepting the presence of others) (Al-Wahhab, 2014).
4 K. MUHAJARAH AND M. E. SOEBAHAR

When viewed from the lexical meaning of English, the word ‘tolerance’ etymologically comes from the
words tolerance and toleration. Tolerance means ‘a person’s readiness to accept the beliefs or habits of
others who are different from him’. Meanwhile, the meaning of toleration is more likely to have the
meaning of ‘acceptance of other people’s religions that are different from their religion’. Terminologically,
‘tolerance’ is ‘the attitude of letting other people’s beliefs, thoughts, and actions; even though it differs
from their opinion, without any coercion so that other people’s opinions change, or efforts to hinder the
implementation of other different opinions’ (Hidayat, 2018). Meanwhile, if it is taken from the primary
word tolerate, it means to allow to be or to be done without hindrance (allow something to happen or be
done without objection) (Webster, 2010).
Based on the description of the meaning of the words al-tasamuh and ‘tolerance’ above, it is found
that the two words have a similar meaning; ‘a person’s readiness to let and accept the presence of others
who are different from themselves, whether in the form of habits, thoughts, and religion’. If the meaning
of the words al-fiqh and al-tasamuh or ‘tolerance’ is combined, it becomes fiqh al-tasamuh or fiqh of
tolerance, which in Indonesian is called fikih toleransi. Thus, the meaning of fiqh of tolerance is a form of
attitude readiness to allow and accept the existence of others based on the provisions of Islam (Islamic
shari’a).
The following authors have also used the term fiqh of tolerance. First, ‘Abd al-Husain Sha’ban’ was
written in his book, Fiqh al-Tasamuh in 1998. The book reveals the intended definition of the fiqh of
tolerance as an approach that links the concept of al-tasamuh with al-Shari’ ah al-Islamiyah (Qanaibi, 2005).
Thus, it can be understood that the tolerance referred to in the fiqh of tolerance is tolerance within
the framework of Islamic rules (Sha’ban, 2017). Second, Fahd Salah al-’Ijlan calls the fiqh of tolerance a
paradigm between the two paradigms. The first paradigm is a paradigm that requires everyone to follow
a particular opinion (the indoctrination paradigm) and rejects different opinions and ijtihad. The second
paradigm is a paradigm that allows everyone to choose according to their wishes, from the easiest,
lightest, most suitable to their heart, and most appropriate to their time (Al-’ijlan, 2022).
The fiqh of tolerance in this research consists of two typologies: the fiqh of internal tolerance and
external tolerance. The two typologies align with the tri harmony concept put forward by Alamsjah Ratu
Perwira Negara as Minister of Religion (1978–1983) (Abdillah). The concept of tri harmony is: first, internal
harmony among religious people (fiqh of internal tolerance); second, inter-religious harmony (fiqh of
external tolerance); third, harmony between religious communities and the government. Based on the
three elements contained in the concept of tri-harmony, this paper only took two, namely internal har-
mony among religious people and harmony between religious communities.
The issue of tolerance in religion is sensitive to discuss because it is related to laws that allow or
prohibit it; thus, pro-contra traditions arise between one group and another. The pros and cons of the
law regarding tolerance between religious communities are divided into two mainstreams: groups that
prohibit it and groups that allow it. Furthermore, groups that prohibit usually use sad al-dzari’ah instru-
ments to prevent harm to one’s faith, as groups that allow employing maslahah instruments with the
consideration of providing mutual benefit. Al-dzari’ah is an intermediary or way to achieve something
that is intended, but experts provide an additional understanding as a way or intermediary to forbidden
actions. Hence, it can be concluded that sad al-dzari’ah is a prohibition against the act of a mukallaf,
which will fall as an unlawful act.
Some groups fear the attitude of tolerance between religious communities will plunge a person into
unlawful acts in the form of losing the aqidah values because they justify or believe in other people’s
religions. This attitude of tolerance can negatively affect the fading of the faith values in Allah SWT. The
other group that employs the maslahah instrument views the intended tolerance between religious
communities does not mean believing in other people’s religions and teachings but only recognizing
the existence of these religions in Indonesia. This tolerance attitude is critical because it involves the
benefit of Muslims, especially those who live in non-Muslim (minority) areas, to provide safety and knit
humanity.
Apart from the problems of tolerance and differences between the two mainstreams above, the author
attempts to convey that good law is a law that gives a sense of happiness among people, as stated by
Jeremy Bentham in his magnum opus utilitarianism (The Greatest Good For The Greatest Number), i.e. the
best law is a law that gives a sense of happiness and compassion to as many people as possible.
 Cogent Arts & Humanities 5

Below are some explanations for imposing tolerance in several lines of classical fiqh:

a. Ubudiyyah
Tolerance in terms of ubudiyyah, whether it is Prayer, Fasting, Zakat, or the practice of Hajj, prior-
itizes tolerance or the concept of upholding tolerance, such as prayer; perform the five daily
prayers, i.e. a practice that must be performed on every believer in any condition and anywhere
regardless of health or illness, at home or while traveling but in carrying it out, indeed, it must
be according to his condition (limits of the mu’min’s ability). Thus, the explanation; if he can per-
form the prayer standing, he must perform it while standing, but if he is unable to stand, he may
do it sitting. If he cannot sit, he may perform it by the side while sleeping, and if it is not possible
to pray by the side while sleeping, then it may be done by supine. If you cannot be supine, you
can do as much as you can, so if you cannot do it as much as you can, then you can do it with
just a sense of mind. Prayer services intersect with tolerance in their demonstrations and in read-
ing obligatory letters such as al-Fatihah. In the concept of fiqh worship and prayer, if you can read
Surah Al-Fatihah, you must read it, but if you cannot, you can replace it with reading another
letter or verse according to the limits of Surah Al-Fatihah. If you cannot read the Qur’an, just be
silent when you read Surah Al-Fatihah. Changing the level of performing worship is a form of fiqh
tolerance for the mukallaf; hence, they continue to carry out their obligations according to the
abilities of the mukallaf.
Tolerance also applies to differences between the Fuqaha’ or schools of thought as in Basmalah
readings. According to the Shafi’i school of thought, Reading Basmalah in Surah al-Fatihah is oblig-
atory, which means that when you pray, you have to read Basmalah, and if you do not read it, your
prayer is invalid. In contrast to the Maliki school of thought, which does not oblige it. Both schools
of thought have valid arguments in their foundations, so this difference is not part of the dispute
but the choice of the mukallaf. Therefore, differences between each other must be appreciated and
respected as a form of tolerance for differences and an alternative for mukallaf. Likewise, in the
Qunut prayer, there are differences between people, followers of the Sunni school of thought, and
the Muhammadiyyah school of thought. Therefore, it is necessary to respect the opinions of other
different schools of thought, not blame them. It is a form of tolerance in ubudiyyah fiqh.
Fast is an obligatory prayer. Under certain conditions, if it will cause harm to oneself, then it is per-
missible to cancel it because it is breastfeeding, traveling, or in a state of serious illness. It is a fiqh
attitude in caring for the servant carrying out an obligation. If it is not allowed to cancel, it will
undoubtedly cause harm (madlarat) to people who are fasting, and such an attitude is, of course,
fiqh without any feelings for the mukallaf.
Likewise, in zakat worship, such as once, the obligatory zakat was rice or wheat. Meanwhile, the
existence of qut (daily food) was no longer feasible or challenging to convey to mustahik because
perhaps the distance was too far. Hence, it was sufficient to replace it with money whose nominal
value was the same as an obligation to issue qut. Thus, it looks easy and light. Likewise, in the
pilgrimage, e.g. one time during the pilgrimage, i.e. when leaving the obligatory practice of pil-
grimage, it may be replaced by paying a check. If it cannot be replaced with anything, it will
undoubtedly have fatal consequences for the pilgrims, i.e. the pilgrimage is invalid while pilgrims
from around the world at high costs having to queue for years to be able to fulfill it when its
implementation cannot be replaced with dams, indeed, it will make the congregation disappointed
and feel profound sadness. Therefore, it is permissible to replace it with a dam as an attitude of
religious tolerance for servants performing the pilgrimage so that their pilgrimage remains valid.
Hence, it is the attitude of the mercy or rahman rahim of Allah SWT to his servant who is carrying
out his worship.
Tolerance in the case of ubudiyyah can also be exemplified as the original law in prayer is facing the
Qibla but under certain conditions, e.g. when on a ship, car, or airplane, one does not know the Qibla
direction, or it is impossible to be in the direction of the Qibla, it is permissible not to face the Qibla
as the word of Allah SWT: ‘So, wherever you turn, there is the face of Allah’ (QS. Al-Baqarah: 115).
Likewise, in worship, it is required to face the Qibla, such as the level of worshiping humans; when
they are near the Kaaba, they must face the Qibla. In contrast, those who live in Mecca and
6 K. MUHAJARAH AND M. E. SOEBAHAR

surrounding areas, especially those far from the Grand Mosque, such as Indonesia, face the Masjid
Al-Haram. If people are far away and outside Mecca or around the world, then it is enough to face
the direction of the haram mosque. It is an attitude of tolerance in fiqh.
In carrying out the prayer, it is required to be in a state of purity, either from hadas or unclean, both
in body, clothing, or place, but this condition is certainly not always able to be fulfilled. It means
that certain conditions cannot realize, for instance, because the tools to purify it are not found. Then,
in the absence of purification tools, they are given spaciousness and can perform prayer services in
cloudy conditions considering that it is impossible to remove them. This attitude is tolerant in car-
rying out worship.
Based on the information above, it is not surprising that Malaysia and Thailand, in socializing reli-
gious moderation, always teach fiqh of tolerance in both vertical (hablum minallah) and horizontal
(hablum minannas) and (hablum fi al al-a’lam) relationships.
b. Mu’amalah
In pawning problems, a person who receives a pawn may not use the object pawned at will but
may use it only to the extent that it benefits the pawned item (which is pledged) so that the con-
dition of the pawned item remains good such as motorbikes, occupying houses, or something else.
Indeed, it is a tolerant attitude towards those who accept mortgages with the intention that he has
helped the pawnbroker. It is inappropriate if the pawnbroker is not allowed to use the mortgaged
goods as a reward for helping the pawnbroker. The pawnbroker who uses the pledged goods, in
essence, the benefits also return to the pawnbroker. The author gives an example, e.g. if the pawned
item cannot be used at all, indeed, the pawned item will become damaged because it has not been
used for a long time (taken care of ); therefore, by allowing the use of pawned goods, the pawned
item is managed and maintained, and of course, it cannot be employed arbitrarily because it is not
his personal property. Nevertheless, just the right to keep it. In buying and selling, it is the same as
in consent (ijab) and qabul (acceptance); someone who is unable to speak or with writing (letter) in
pronouncing consent or qabul is enough to give a signal, or there is a handover of goods and
money between the seller and the buyer. All of them are convenient in shari’ah as a form of toler-
ance in the concept of fiqh.
In the case of accounts payable, if someone borrows a certain number of rupiah, he is obliged to
return it within a predetermined time limit, but under certain conditions. If he does not have the
money to return it, he is allowed to return it in the form of an object whose value is equal to the
nominal value of the money that has been borrowed. It is an attitude of tolerance in fiqh. Likewise,
in the case of suf’ah (slamming purchases), someone will sell his land or building, but if it is sold to
another person, it will endanger his neighbors (allies). Then, he is allowed to contract suf’ah as a
concession to his neighbors, while a person can enter his possessions according to his will. However,
a tolerant attitude is preferred to achieve the common good under certain conditions. Similarly,
when digging a well next to the boundary of a neighbor’s land while there is a neighbor’s house
next to it, even though the land is privately owned, in the concept of fiqh, a person may put private
property at will, but this freedom has limitations; hence, the good digging cannot be too close to
the neighbor’s land so as not to endanger the neighboring houses. All of these are the attitudes of
the fiqh of tolerance, which have been conceptualized as the basis of Islamic law.
c. Munakahah
A person will be lawful for him after the marriage ceremony. Marriage is Arabic, but in its imple-
mentation, language (sighat nikah) is allowed in other languages that have a similar meaning as
the marriage sentence. Regarding dowry, the permissibility of paying dowry is part of
tolerance.
Then, in the chapter of khuluk, if we review the separation of the husband-and-wife relationship, it
is the husband’s right. However, under certain conditions, a woman (wife) can release the
husband-and-wife relationship by performing khuluk to her husband. When the right to divorce is
only dominated by the husband, indeed, it will torture the wife when in her household, she is no
longer strong enough to live with her husband, the mafsadah and torment that are always accepted
and felt. The presence of khuluk is a solution to achieving happiness in life. Khuluk is an attitude of
tolerance in the husband-and-wife relationship for a wife.
 Cogent Arts & Humanities 7

Likewise, in the nafaqah chapter, the limit of a husband providing for his wife is to a sufficient degree
by reviewing the husband’s ability. A husband, if limited in providing a living, will undoubtedly burden
him. For instance, a husband is an ordinary person, while the wife is from an aristocratic family. If the
income limit is calculated in nominal terms, it will not be balanced. The wife lives above normal stan-
dards, while the husband is used to being simple, and his income is just a necessity. Therefore, fiqh
law provides limits according to his ability and sufficient for the wife. Allah SWT alludes to mainte-
nance in his word Q.S. Talak; 7, which means; Let the man of wealth provide according to his means. As
for the one with limited resources, let him provide according to whatever Allah has given him.
In this verse, it is evident that income limitation adjusts to the husband’s condition, whether lavish
(rich) or less (poor).
d. Jinayah
Tolerances also apply in had (Surya, 2018) as in the case of a thief whose stolen goods are less than
one stolen nishab, then the hadd law does not apply. For further details, the stolen nishab in the
Shafi’i school is a quarter of a dinar, equal to three dirhams, so it only remains to calculate it in
the nominal number of rupiah. Likewise, in qishas, the origin of the law of qishas is according to the
mistake he committed. However, it may change with specific considerations, which is all part of the
attitude of tolerance in fiqh, like a murderer on purpose, gets the penalty of being killed too.
However, if the family apologizes, he is obliged to give one hundred camels. Such an attitude of fiqh
is a measure of tolerance towards murderers, even though they have received forgiveness from the
family for being killed unfairly for free; hence, they are allowed to live but bear an extremely oner-
ous burden for the killer, namely by paying as much as one hundred camels.
In the kafaroh yamin chapter, i.e. someone who has sworn about something and turns out to have
violated his oath, is obliged to free the enslaved person. Meanwhile, if he is not found, he has to
feed or clothe ten poor people, but if he cannot afford it, he must fast for three days. Based on
several choices above, a tolerant attitude towards humans for their strength is the perspective of the
fiqh of tolerance in Islam.
The previous issue of tolerance fiqh on religious moderation, unlike Indonesia, which has a
non-theocratic principle, Islam in Malaysia has become more homogeneous. The consolidation of
Islam in Malaysia reflects the religiopolitical role of sultans and governments in defining religion. The
development of religious authority to examine religious issues in Malaysia started in the British colo-
nial era. Although left out from colonial administrative law, shari’a and adat laws have been codified
and relatively developed.
Malaysia is somewhat earlier in representing a moderate Islamic identity through the Islamization
program than Indonesia. The formal Islamization of Malaysia began during the reign of Mahathir
Mohamad. Mahathir first described Malaysia’s Islamic identity in his victory speech at the 1982 elec-
tions. He articulated his belief that Islam is a pragmatic and flexible religion that is the basis of every
action. His projection is inseparable from the tendency that religion should reinforce stability to
guarantee Malaysia’s status as a powerful, disciplined, and wise nation. The emphasis on this identity
also confirms that Malaysia is an Islamic country from the Islamic world.
Internally, Islamization is focused on differentiating between moderate and radical Islam. The conflict
between moderate and radical groups in Malaysia impacted internal political competition, which led to
debates about the role of Islam in society. However, the Mahathir government later considered moderate
Islam more appropriate in describing Malaysia’s social context (Nair, 2017). While externally, Islamization is
interpreted as a value system with a positive relationship with the Western world. The articulation of
Islam as a positive factor is related to the Malaysian government’s concern about the generalization of
Islam in a negative connotation amid contemporary international relations. Therefore, one of the goals is
to open up to the Western world, especially in investment and learning technology.
Islam entered Malaysia in the 14th and 15th centuries with various theories that are not too far from
the history of the entry of Islam into Indonesia. Islam enters from Arabia, India (Gujarat), Persia, and
China (Rawa, 2017). However, Malaysian society is not only predominantly Muslim but like Indonesia
as well; Islam and Malaysian society cannot be separated, as written by Ibn Chaldun: Islam and
Malay cannot be separated, even though Islam is a different entity compared to Malayau as one
nation. This synonym is not absolute because it can be argued: Not all Muslims are Malays, and not
8 K. MUHAJARAH AND M. E. SOEBAHAR

all Malays are Muslims. Islam and Malay do not have the same meaning, but in the context of
Malaysia, it can be argued: ‘Most Malays are Muslims, but there are also non-Malays who are Muslims’.
In addition to its predominantly Muslim population, Malaysian society also adheres to Buddhism.
Likewise, Christians, Hindus, and some even have no religion. For more details, see the following
figure:

Source: https://id.quora.com/Berapa-agama-yang-diakui-di-Malaysia.

The figure above shows that religion in Malaysia is very diverse. According to the 2010 census, 61.32%
out of its population of 28,334,135 individuals identified themselves as followers of Islam, 19.84% as
followers of Buddhism, 9.24% as followers of Christianity, 6.27% as followers of Hinduism, 1.26% as fol-
lowers of Confucianism, Taoism, and Chinese traditional religions, 0.71% as non-religious, and the remain-
ing 1.36% belonged to other religions.
The development of Islam in Malaysia has reached a stage where it has a high position in the country
and a significant influence on its social, educational, and political dynamics. As Mujahid Yusuf Rawa
writes: Islam has developed into a significant factor within the framework of the state. Indeed, it has
become a milestone for the acceptance of citizens and is embodied as the official religion of communion
in the Federation Institution (Rawa, 2017). Malaysian society, although plural, the country is always in a
state of harmony. There has never been a religious conflict that sparked inter-ethnic conflicts. Non-Muslim
communities live peacefully in the Muslim majority. In contrast, in non-Muslim majority areas, such as
Sarawak, Islam can develop well and live in harmony with non-Muslim communities. As the largest state
in Malaysia, Sarawak has a population of 2.6 million and consists of dozens of tribes and many Dayak
tribes. 13% of the total population and nearly 30% of the population are Muslims.
Therefore, the Muslim population in this country is a minority or can be described as a ‘minority in a
Muslim-majority country’. Paying attention to the Muslim minority in Sarawak directs our eyes to hope
about how a minority Muslim community should be; will they be left behind and marginalized because
of their minority, or will they rise to become a strong people? Hence, many minorities are weak among
the majority, and there are also many minorities in number but strong in quality. In this case, it is fasci-
nating the reality of the life of the Muslim minority in Malaysia, especially in Sarawak, who continue to
strive to improve their quality of life.
It is undeniable that the Islamic central government of Malaysia has affected the strengthening
(empowering) of the Muslim minority of Sarawak. As said by Ibn Chaldun, the world historian and
sociologist, Annâsu ‘alâ dîni mulûkihim, the people always tend to the religion of their leader. One of
the main influences on the situation in the Sarawak region is the facility provided to the Masjid Negara
Foundation to own a hundred thousand hectares of oil palm plantations to fund the management and
empowerment of its congregation. However, this convenience is not enough to empower the Muslim
community. There must be genuine efforts from minorities to strengthen their position and quality.
Furthermore, we turn to Thailand, the Thai Government’s efforts to develop the fiqh of tolerance on
religious moderation; one of them is registering school identities and providing a curriculum discussed
with related institutions (Monasteries, Christian Schools, Islamic Boarding Schools, or Islamic Schools) to
provide an overview of proper education. In Thailand, there is no Khilafah-based religious radicalism or
hardline religious views from outside influences (Nurdin, 2016). Even the separatist movement in south-
ern Thailand is not related to radical Islamic groups but is more local in nature. Muslims in Thailand,
especially those in the south, have no problem living in a majority country and accepting themselves as
 Cogent Arts & Humanities 9

a minority. The issue of minorities and majorities is not a problem in Thailand because as long as the
constitution guarantees their freedom of worship, there is no problem. The Thai people and government
know that inter-community problems are not on religious issues but from local perspectives. The gov-
ernment’s efforts in religious education are more to maintain Thailand’s stability (Saputra, 2020).
Muslim religious expressions in Thailand develop the fiqh of tolerance on religious moderation, for
instance, in Southern Thailand, especially in Yala City, with the Tablighi Jama’ah movement turned out to
be so strong and lively. The Tablighi Jama’ah movement has entered villages in three provinces in the
southern region. The extensive recitation held by the leaders of the Tablighi Jama’ah every Friday night
at the Tabligh Dakwah Markaz in Yala City is full of Muslims from Jala provinces Narathiwat, Patani, Stun,
and Songhkla. Some Muslims come from Myanmar and Cambodia to attend the recitation (Fahmi, 2016).
The Tablighi Jama’ah movement, which is so phenomenal in eradicating radicalism and terrorism in
Southern Thailand, uses da’wah with various models, such as the maqomi model. The main feature of the
Tablighi Jama’ah movement is khuruj fi sabilillah. The Tablighi Jama’ah of khuruj fi sabilillah is not going
out of the house to fight (al-qital) against infidels with weapons but rather to preach. Khuruj, or going
out, is not merely leaving one’s hometown for a long time to preach but also going out of the house in
one’s village to invite people back to the path of Allah SWT. There are two models of the khuruj concept
for da’wah activities in Tablighi Jama’ah: maqomi and intiqoli models.
Maqomi is leaving the house and moving (jaulah) to preach in one’s village or a neighboring village.
Meanwhile, intiqoli means preaching outside the village, with a minimum time of 40 days. It is usually
outside the region (district or province) and even abroad. The maqomi da’wah model is commonly car-
ried out for three days, where the main activity is the mosque. In Yala, Southern Thailand, this maqomi
da’wah model is implemented in their village and neighboring villages. The farthest reach is one
sub-district, or in the case of Southern Thailand, one amphe, such as the Jaha amphe in Changwat Yala.
Secondly, the intiqoli model. The Intiqoli da’wah model is a da’wah model outside the village, out of
town, out of the region, or in other countries. Thus, intiqoli means khuruj or jihad fi sabilillah to carry out
da’wah outside the village where he lives. The intiqoli da’wah program, carried out by the Tablighi
Jama’ah in the Changwat Yala da’wah area, lasts at least 40 days and four months. For the beginner level,
the 40-day Intiqoli program is carried out every year, and the 4-month schedule is carried out for life.
The 4-month Intiqoli schedule is carried out every year for the intermediate group. As for the exceptional
or advanced level, the duration of Intiqoli is one year for life. Even in India, Bangladesh, and Pakistan,
some carry out Intiqoli da’wah for three years. The clergy usually do it. Whereas for ordinary people, it is
enough for four months of life or yearly, depending on self-readiness (mental) and financial readiness.
The main activities of the Intiqoli da’wah are (1) tahiyatul mosque prayers, (2) deliberations, (3) ta’lim, (4)
mudzakaroh, (5) jaulah, (6) special gatherings, (7) solemn, (8) midnight prayers, (9) mujahadah, and (10)
dhikr (taqorub).1
Third, the model of ta’lim wa ta’lum; this ta’lim model is a model of spiritual development developed
by the Tablighi Jama’ah movement worldwide instead of khuruj fi sabillah activities. In more detail, it is
called ta’lim wa ta’lum. Ta’lim comes from the word allama yua’allimu ta’liman. It means studying science.
From the perspective of the Tablighi Jama’ah, proper-considered knowledge is only prophetic knowl-
edge. Others are called fan. They have little respect for knowledge or science, both natural sciences and
social sciences and the humanities. This concept is highly influential on other perspectives, including in
terms of ta’lim wa ta’lum. The material or curriculum for the Tablighi Jama’ah ta’lim highly emphasizes
the fiqh of worship, especially fadhaiulul amal (the virtues of daily charity), and does not touch on the
political sphere. Even the Tablighi Jama’ah is extremely anti-political. It differs from the ta’lim activities of
other Islamic movements such as Hizbu Tahrir, Ijabi, Negara Islam Indonesia (NII), and Salafi. Hizbu Tahrir
and NII, for instance, these two Islamic movements always discuss political jihad in all their ta’lim activ-
ities. Hence, these two Islamic movements are fundamentalist and radical.2

4. Conclusion
In the Southeast Asia region, especially in the three countries geographically located in the Southeast Asia
region, namely Indonesia, Malaysia, and Thailand, it turns out that the fiqh concept of moderate tolerance
is applied equally. Therefore, the extreme concept of fiqh or which tends to justify the use of violent
10 K. MUHAJARAH AND M. E. SOEBAHAR

means, as adopted by Wahhabism, is often described as the most intolerant school of thought and sect
in Islam, which seeks by any means, including violence, for the development and implementation of ‘Pure
Islam’, which they consider to be the truest Islam, cannot be implemented in these three countries.

Notes
1. Interview with students from Thailand at the Tarbiyah Faculty of UIN Walisongo Semarang, May 9, 2022.
2. Interview with students from Thailand at the Tarbiyah Faculty of UIN Walisongo Semarang, May 9, 2022.

Acknowledgements
The authors declare that they have no financial or personal relationships that may have inappropriately influenced
them in writing this article.

Disclosure statement
No potential conflict of interest was reported by the author(s).

About the authors

Dr. Kurnia Muhajarah, M.S.I. is a lecturer with the homebase of the Faculty of Da’wah and
Communication (FDK), Walisongo Islamic University Semarang. She finished her Doctorate by get-
ting a full scholarship (BS Ministry of Republic of Indonesia) and graduated in 2019. Starting from
2015 to 2023, She has produced 52 scientific papers, both individually and internationally collabo-
rative. This Trainer and Advocacy Coordinator from the Walisongo House of Religious Moderation
(RMB) loves the world about Islamic Studies, Islamic Education, Women and Children, Da’wah, and
Religious Moderation. On August 2022, She had time to conduct collaborative research with
Indonesia, Malaysia and Thailand on Kalimatun Sawa’. Her populer book is Dimensi Islam dan
Moderasi Beragama: Mewujudkan Islam yang Damai, Toleran, dan Inklusif. She has devoted herself to being the officer
of Majelis Ulama Indonesia (MUI) of Semarang in the field of Education and Cadre formation; Chairman IV of Fatayat
NU Semarang; Deputy Chairman of LKKNU of Semarang; officer of Fatayat of Central Java in the field of Da’wah;
officer of LSIS of Central Java in Education Departement. She can be contacted at [email protected].
Prof. Dr. H. Moh. Erfan Soebahar, M.Ag is an Indonesian Professor who is famous for his expertise in the field of
Hadith. He is a lecturer at UIN Walisongo Semarang and serves as General Chair of the Semarang City Ulama Council
(MUI). He has made significant contributions in his research and publications. He is also known for his lectures and
seminars on hadith, Islamic studies and Islamic education.

ORCID
Kurnia Muhajarah http://orcid.org/0000-0002-5511-8650

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