Religious authority and political power have long been bound together in Islamic history and tradition, in which the Prophet is seen as both a religious and political leader, while the ulama are considered “the heirs of the Prophets” (warasatul ambiya’).

The ulama are Muslim scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari'a, that is, the Islamic law. While the ulama are understandably well versed in fiqh, some of them also go on to specialize in other sciences, such as philosophy (falsafah), dialectical theology (kalam) or Quranic hermeneutics (tafsir).

Certainly the ulama in Indonesian played important role in political processes that contributed to the state of a community in every era. Some of them participated in decision making in the sultanates of Aceh, Palembang and Mataram while others devoted themselves to education and reform (Azra, 2004). And in colonial era, the ulama were involved in rebel movements or later in the struggle for national independence (Ichwan, 2005). Thus, in this period the ulama were not only religious but also political leader.

The role of the ulama in Aceh has not been limited to the religious aspect before independent of Indonesia. In the past, ulama were also political figures. Their standing in the community often rivaled that of traditional authorities; to whom they sometimes acted as counselors such as to issue fatwa (legal opinion) when society faced problems. At each administrative level, ulama shared power with the officer of the formal administration. For instance, in the meunasah (a building that functions as the center of Islamic activities) placed in gampong (village) unit-the smallest political unit in Aceh- a tengku (imam) meunasah shared power with the geuchiek in the gampong unit, the imam mukim (a group of several meunasah and gampong) share power with the head of mukim. Ulama played a similar role in other political units in Aceh such as nanggroe (subdistrict) (Dara, 2004). Various scholars have highlighted the prominence of ulama as a characteristic of Islam in Aceh. Some time the ulama are even more powerful than a political leader in a society.

In 1965, the role of the ulama in the Aceh religious authority has become even more significant since the establishment of the Council of Aceh “Ulama”. In political sphere, however, it is important to note that ulama do not have significant power to pressure anymore. They cannot force Acehnese to obey and follow such as advices or fatwa they gave even from the council of ulama. It is not compulsory for people to follow fatwa from ulama, nor they can order sanction against those who refuse to follow their advices. In this position, the Council of Aceh ‘Ulama’ activities is limited mostly to the issuance of fatawa (plural from fatwa) or non legal recommendation known as tausiyah (advice). The Council of Aceh “Ulama” have much authority; but not a actual power in politics. However, Acehnese tend to do so because they recognize certain qualities in the ulama and high regard to them persuades people to respect the ulama’s opinions. Even though in political sphere the powers of Aceh ulama have decreased.

Because of that, this article will examine influence of the Council of Aceh ‘Ulama’ which becomes the Consultative Council of Aceh ‘Ulama’; how it impacts relation between ulama and government (umara) as reflected in production of fatawa  and tausiyahs, and the role of them in Aceh society.       

In Acehnese society, ‘ulama’ who are most commonly referred to as “teungku” are fatwa givers, judge, fuqaha (Islamic jurist). Other term, such as mufti (fatwa giver ), qadhi (judge) and faqih (Islamic jurist) are less common, although the term mufti and qadhi were popular in Aceh during the Islamic sultanates; especially in the period of Darussalam Kingdom (1511 M-1874 M) (Hasjmy,1995).

The Council of Aceh ‘Ulama’ was establish in December 1965 when fifty-seven ulama from throughout Aceh gathered on 17-18 December 1965 to response to the issue of communism from an Islamic legal point of view. Mudzhar said “In fact it was the first regional council of ulama to issue a fatwa, in the first month of its existence, stating that communism was forbidden in Islam and demanding that government dissolve the Indonesian Communist Party (PKI)” (Mudzhar, 1993). The meeting was held in response to a request from Aceh’s Iskandar Muda Regional Military Commander. However, because communism posed a complex issue, the ulama decided to give “collective response” (ijtihad jama’i) about that. It may have been the only Islamic organization that responded by issuing a fatwa to communism issues in early Indonesia. The forum also agreed to appoint Teungku Haji Abdullah Ujong Rimba as the chairperson of The Council of Aceh ‘Ulama’ and established the fatwa commission which focused on the issuance of fatwa, and Teungku Haji Abdullah Ujong Rimba as the chairperson as well.

In the beginning, the Council of Aceh ‘Ulama’ was the government’s agency for religious matters, held formal authority from the government of Aceh. The formation of council was officially recognize and legally supported by the Regional Military Commander initially, and later by Governor of Aceh, Teungku Nyak Adam Kamil, as well as by the Gotong Royong Representative Assembly of Aceh (Dewan Perwakilan Gotong Royong, DPRGR) (Dara, 2004). In its meeting on 21-26 November 1967, the Council agreed to form an ulama council in every district and sub-district within Aceh province. Previously, the council had only one representative in each district.

On 26 July 1975, the Council of Indonesia ‘Ulama’ was formed in Soeharto era. The council of Aceh ‘Ulama’ has joined with national council and changed its name to “Majlis Ulama Indonesia Propinsi Daerah Istimewa Aceh” (the Council of Indonesia “Ulama” in Aceh) in July 1982.

In 1999, syari’ah received official recognition in Aceh with the introduction of law 44/1999 under Abdurrahman Wahid’s presidency. This law gave the right to determine matters relating to religious, culture affairs, education aspect and the role of ulama. President Megawati further strengthened the position of syari’ah with the introduction of law No 18/2001, granting Aceh special autonomy as the province of Nanggroe Aceh Darussalam (NAD).

Therefore, Aceh’s ulama transformed the Council of Aceh ‘Ulama’ as the government’s agency to an independent ulama council. Thus, through regional regulation No 3/2000 of the government of Aceh, the Council of Aceh ’Ulama’ were again change. The council name is now “Majlis Permusyawaratan Ulama (MPU)” (The Consultative Council of Aceh ‘Ulama’).

As an independent institution, The Consultative Council of Aceh ‘Ulama’ no longer functions as the government agency, but acts as an equal counterpart to the Government of Aceh and to the Regional Representatives Assembly of Aceh (DPRD). In line with its new independent character, the Consultative Council of Aceh ‘Ulama’ is no longer a branch of the Council of Indonesian ‘Ulama’. It means that it has direct official relation to the Council of Indonesian ‘Ulama’ and, thus, both might be different in structure, function as well as commissions they have. The council is not only just responsible to give fatwa on religious matters in the province, but also to inform government policies from the Islamic law-point of view. Additionally, the council has been guarding of implementations syari’ah Islam in Aceh. 

The position the Consultative Council of Aceh ‘Ulama’ relative to the Government of Aceh is in equal standing. It seems to be the same with the position of the Supreme Advisory Council (Dewan Pertimbangan Agung) in government of Indonesia structure.

The main impact of the changes above is that the Consultative Council of Aceh ‘Ulama’ is now more powerful to pressure government of Aceh in implementation of law toward justice in all of aspect society. In one hand, they have legal authority, guarantees with regional regulation and in the other hand, morality, knowledge and charisma of ulama invite sympathy and regard from Acehnes. It appears now that the ulama has power in politics and people support them as well. However, the egalitarian Acehnese can always leave them again if people see injustices, corruption and silence of amar ma’ruf nahi mungkar (command the good and forbid the evil) and the ulama does not do anything.

The role of Ulama in The Aceh Society

As we know, ulama in the past have much authority in religious and political matter. They guard the implementation of syari’ah in community and show guidance to the government to decide what best they can do to protect and create welfare for the people. The government always asks guidance from them when to run every policy. And some of ulama become political leader such as participate in decision making to ensure that there will be no law in the country that are contradictory to the teachings of Islam.

In general there are three courses of action have been opening to the ulama in their social and political roles. First, political aloofness. This attitude believes, that the ulama should concern themselves only with the syari’ah. The government has theobligation to ensure that condition is suitable for the carrying out of the syari’ah. As long as they do this, then the ulama do not concern themselves with political matters. Second, support for the government. Those that advocate this position argued that the syari’ah can only be implemented in the conditions of political stability and social order. Therefore it is the duty of ulama to support the government in the execution of its duties. And the last one is opposition to the government. This position was adopted when ulama fear that closeness with the government can be used to infiltrate by the government in their decision and that the ulama are going to be the government agency.    

Three theories mentioned can be applied to the Consultative Council of Aceh ‘Ulama’ to build relationship between government and ulama. The choice depends on the ulama themselves. Many facts in Islamic history mentioned the three types of relationship between the ulama and government. However, in my opinion this is not the important thing.

The important thing is how ulama can have siginificant influence on the society and the government to implement syari’ah Islam in Aceh. In most cases the ulama in many Muslim countries cooperates with rulers and play the role of defending or silently accepting the government politics as long as they are appropriate with Islamic teachings. But if government does not serve the people appropriately, being suppressive and corrupt, the ulama can always help the people to overthrow the government, as  happened in Iran 1979.

The ulama have great influence on most muslim society and the government part of society too. This influence is easily destroyed when ulama loses its credibility. The credibility of the ulama depends very much on their level of independence and morality; if there is too much cooperation with the rulers; people will turn away from the ulama to find their religious guidance somewhere else, resulting in ulama without power. If ulama far away from the government; the government will lost guidance. So ulama have to be in the middle between people and the government . Ulama can give guidance in people life and bring spirituality to a leaderhsip.

Conclusion

In regional regulation No 44/1999, position of ulama very is determinant in Aceh. The Consultative Council of Aceh ‘Ulama’ (Majlis Permusyawaratan Ulama (MPU)” become independent and the role of the ulama in Aceh has become even more significant because ulama are having power in politics to pressure again. The government have to obey and follow advices or fatwa given by the ulama. The council became institution important for balancing two powers between the government and the Regional Representatives Assembly of Aceh (DPRD).

The members of the council have to show moral credibility, honesty, transparence and independence to the society in order to maintain the influence. The Acehnese has been losing figure of charismatic ulama years ago. Perhaps, the Consultative Council of Aceh ‘Ulama’ can lead the disoriented community and leadership and be part of a solution in Aceh recovery after tsunami.