1Muhammadiyah is one of the largest Muslim movements in Indonesia, with more than 30 million members and sympathizers (Burhani 2019). It was established in 1912 by Haji Ahmad Dahlan, an Islamic modernist devoted to the Islamic reform movement led by Muhammad ʿAbduh in Egypt. Five years later, in 1917, Muhammadiyah established a women's wing, under the name of ‘Aisyiyah. It is the only organization to take part in the National Woman Congress of 1928, and its members are presently spread all over the country (Putra 2017: 9). Muhammadiyah's approach to Islamic texts has been successfully established through an extensive network of Islamic schools for both genders. Since the beginning of the 20th century, the organization has established 9,540 schools and universities, founded 2,119 healthcare facilities, and proposed various philanthropic activities (Muhammadiyah 2019: 1).
2Although Muhammadiyah is a moderate organization, its members have not always had a progressive understanding of gender issues (Qibtiyah 2015). One example of this are the efforts of members of the ‘Aisyiyah's that have led to a reconsideration of the issues of contraception and birth control, an initiative that was not approved by the mother organization until 1971. Through its extensive network of schools to educate and raise awareness among women on religious issues, the female wing has been able to influence religious discourse in Indonesia. ‘Aisyiyah was founded with the goal of achieving religious purification and the emancipation of women. Among the women who have studied in this organization, some claim to be Islamic feminists. Through their struggle, they revisit the interpretation of religious texts in order to defend the rights of Muslim women.
3Therefore, it is possible to represent the consistency of the organization and its members by mapping their understanding of contentious gender issues. This is also relevant for the creation of baselines with which to develop programs for mainstreaming gender equality among ‘Aisyiyah and Muhammadiyah members. Based on these reasons, it is interesting to map the different notions of ‘Aisyiyah and Muhammadiyah members regarding contentious gender issues in Islam.
4According to Wahid (2008), Indonesian Islam is comprised of diverse streams of thought and activities. Conflict, tension, dialogue, and harmony contribute to this diversity. Nonetheless, Wahid divides Islamic thought and practices in Indonesia into two orientations: on one hand Muslims who believe that Islam is for izzul Islam wal muslimin (winning of Islam and Muslims), and on the other hand those who believe it is for rahmatan lil ‘alamin (mercy for all creatures). He explains that Muslims following the first orientation are exclusive and tend to understand Islamic texts like the Qur’an and Hadith in a literal manner, rejecting hermeneutic methods, opposing multiculturalism, democracy and gender equality, supporting the Indonesian Islamic State and rejecting syncretism. They are usually rigid in their use of Islamic symbols and define Islam following the predicaments of Saudi religious leaders. Conversely, the second group is described as inclusive, open to hermeneutic methods and contextual interpretations of the Islamic texts; their members are supposed to support multiculturalism, pluralism, democracy and gender equality. They tend to be critical of the Indonesian Islamic State and give more attention to substantive issues rather than rigidly using Islamic symbols. Accordingly, they do not define Islam necessarily in reference to Saudi Arabian culture. Most inclusive groups were established before Indonesia achieved independence. In contrast, organizations which tend to be exclusive emerged around the 1970s (Zuly Qodir 2008), with the rise of political Islam, in which women were very involved. This period witnessed an increase of women’s presence in the public and political sphere, well educated and active in the different Islamic associations present in the country.
5Woodward (2001) argues that contemporary Islamic thought in Indonesia can be classified into five variants: (1) indigenised Islam (Geertz, in his book The Religion of Java (1978), called this form of Islam abangan, less religious people), in which adherents tend to syncretise religion with local cultural systems; (2) the traditional Sunni Islam of Nahdlatul Ulama (NU), which usually draws adherents from pesantren (Islamic boarding houses) and rural areas who accept local culture as long as classical legal, theological and mystical texts are not contested; (3) the Islamic modernism of Muhammadiyah, which mostly draws adherents from urban areas who reject mysticism in favour of modern education and social agendas; (4) politicised and anti-Western Islamist groups that promote a discourse centred on jihad and Shari‘a (Islamic law) and are most commonly found on university campuses and in large urban areas; and (5) neo-modernist Islam, which tries to discover Islamic foundations focused on values deemed as modern such as tolerance, democracy, gender equity and pluralism. Neo-modernists are more concerned with Muslim values and ethics than with law. As an example of this last category, we can mention Islamic feminist intellectuals who defend women’s rights using Islamic knowledge.
- 1 NA is a young women’s group within the Muslim voluntary organisation Muhammadiyah.
6Syamsiyatun’s work (2008) is focused on Indonesian Islamic feminists in Nasyiatul ‘Aisyiyah (NA)1, following the development of this sub-section of ‘Aisyiyah, from 1985 to 2005. Nasyiatul ‘Aisyiyah’s members (NA) “dedicated [their action] to the promotion of democratic ideas and of women’s rights, increasingly embraced the practice of women-friendly reinterpretation of the Islamic sacred sources” (Parvanova 2012: 4). Syamsiyatun examines how the Islamic feminists of NA negotiate feminism and Islam in a period where Islamic Intellectuals, self-proclaimed feminists and Muslims had become a noteworthy voice among the Indonesian Islamic discourse, in the academic and political sphere (Doorn-Harder 2006: 36). Syamsiyatun highlights that since the 1980s, NA’s activists have challenged the state gender ideology of submissive womanhood. They see themselves as opposing the growing influence of secular feminist thought, which group members view as denigrating Islamic values. NA’s members also see Islamist thought as propagating ideas that restrict women to their reproductive roles, thus, they stand, with a revisited religious knowledge, against the literalist religious arguments on gender issues. NA’s activism is one example of the involvement of Muslim women in women’s rights against discrimination and promotion of female empowerment on behalf of Islam.
7This research employs a qualitative and quantitative methodology. Data was collected from in-depth interviews and questionnaires. The respondents were gender activists recruited from six universities in Yogyakarta (lecturers and/or researchers) who were also actively involved in ‘Aisyiyah and the mother organisation of Muhammadiyah. Among the 45 respondents we had 12 males and 33 females. In-depth interviews were conducted with 12 respondents across various characteristics: male and female members of the organization and gender activists and scholars concerned with gender or/and women issues associated with universities and Muhammadiyah-‘Aisyiyah organization. Respondents’ names were changed to preserve anonymity. The interviews were led in Yogyakarta city, an educational and cultural city, where the first Indonesian National Women Congress was conducted in 1928. ‘Aisyiyah, the oldest Muslim women’s organization, was established in this city where the national board is located.
8Data was analysed using Miles and Huberman’s interactive model: data condensation, data display, drawing and verifying conclusion (Miles, Huberman, Saldaña 2014). I selected three contentious gender issues which relate to ritual/‘ibadah activity (woman imam over men – WIOM), personal issues (polygamy) and social issues (inheritance). I have highlighted the gender issue perspective of the Muslim respondents, according to the Islamic texts they refer to, and which are mostly propagated among the communities. Contents have been classified into three approaches: textualist/conservative, moderate, and contextualist/progressive.
- 2 Sholat is a specific ritual or worship activity to God with certain actions and do‘a accepted by a (...)
9The notion of women’s leadership (imam) over men or mixed groups in sholat has sparked controversy among Muslim scholars. It has become a contentious topic among religious actors and academic researchers since the early 2000s (Subhan 2008), when no question on a female imam over other women in fiqh and in the society had been put forward. In 2010, Majelis Tarjeh Pimpinan Pusat Muhammadiyah (Fatwa division in the National Board of Muhammadiyah) discussed this issue nationally in Malang City, East Java (Qibtiyah 2019). They reported that women can be imam (prayer leader) for a mixed congregational prayer, “because there is no mention in the Qur’an prohibiting female leadership in prayer and the Qur’an states men and women’s equality before God” (Tutin Ariyanti 2013: 382).
- 3 Symbol of authority, the minbar is a pulpit in the mosque where the imam stands to deliver sermons
- 4 Mihrab is a semicircular niche within the mosque that indicates the direction of the Kaaba in Mecc (...)
10Some participants did not agree about WIOM, indicating that the woman’s voice would provoke fitna among the believers. In contrast, others argued that woman's voice as an imam would not create fitna. This point is interesting, especially when Muhammadiyah and its female wing have led for decades open religious courses for a mixed audience, and organized seminars where women discuss their analyses of the religious text openly and sometimes in the minbar3, or in the mihrab4 of mosques where speakers were exposing their ideas. Aryanti explains that the speaking in the minbar is nearly never challenged by the audience, because of the absence of conversation and question-and-answer sessions. However, it is interesting to see the space given by the organization for women preachers and teachers to express their thoughts and disagreement on various issues, in the women’s Islamic study groups that they are invited to attend (Tutin Ariyanti 2013).
11The survey showed different attitudes among the ‘Aisyiyah respondents towards WIOM. 1 out of 3 respondents agree on WIOM.
12Discussion on WIOM refers to a Hadith from Imam Abu Daud and Ibnu Hanbal, which is as follows:
- 5 The muezzin is the crier who calls the faithful to prayer five times a day.
Narrated by Umm Waraqah daughter of Nawfal: When the Prophet (peace be upon him) proceeded for the Battle of Badr, I said to him: Apostle of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty, will bestow martyrdom upon you. The narrator said: Hence she was called martyr. She read the Qur’an. She sought permission from the Prophet (peace be upon him) to have a mu’adhdhin5 in her house. He, therefore, permitted her (to do so) (Abu-Dawud 2008; Al-Asyats 1952).
The Prophet Muhammad visited Umm Waraqah at her home, he chose the muezzin and told her to become the family imam for sholat in her home. Abdurrahman said: “the muezzin is a man who was more senior” (Al-Asyats 1952: 301).
13In contrast, one Hadith narrated by Ibnu Majah, which prohibits women from leading mixed-gender prayer groups, reads: “From Jabir bin Abdillah from the Prophet, he said: never choose a woman to be an imam sholat for men, Bedouin Arabs for Muhajirs, and bad person for the believers” (Subhan 2008: 126).
14Based on those religious texts, literalists argue that women cannot be leaders of men. Moderate groups believe that women can be leaders of men as long as they have the capability, but not of sholat/prayer. And for progressive scholars, they assert that a woman can lead adult men if she has the capability, including sholat/prayer. This research found that around 60% of respondents adopt a moderate approach. The number of progressives, 33%, is still significant and seems to grow with time. Though only 1 out of 3 respondents agreed on WIOM. This number is surprising because the notion WIOM was something unthinkable and untouchable before, among Indonesian societies. The Muhammadiyah’s stand on WIOM is therefore almost impossible to perform due to the condition of its application. Indeed, women can lead prayer over men, in the absence of a capable man to lead it. And with a population in which men outnumber women nationwide, it is even harder to enforce.
15Based on in-depth interview data, some literalist respondents answered that they have never thought about WIOM. Maman, a male respondent who prefers to adopt a moderate approach on women’s leadership, does not agree that a woman should become an imam sholat for adult men because the roles have been fixed in ritual activities (Interview Maman: 05/05/2010). In contrast, some respondents reported that the idea of WIOM is not new and it has been implemented in their families. For example, a male respondent chose a progressive approach by arguing that the gender is not an issue for being imam.
For me, it is usual to be makmum (follower in sholat) when my mother or my wife start praying first… One day [for the first time] I had just come from Yogyakarta and I saw my mother was performing sholat and after taking wudlu (purification) I followed her praying. My mother didn’t say anything at that time meaning that she agreed with what I had done… She said to me that the important thing is jama‘ah (togetherness), not who the imam is (Interview Darma: 09/05/2010).
- 6 Names of respondents were changed to keep their anonymity.
16Another respondent chooses the progressive approach but doesn’t practise it in daily life. A female respondent (Interview Sita: 03/06/2010) explained that for strategic reasons she will not socialise WIOM, because Indonesia is very diverse and heterogeneous. Therefore, Muslim gender activists are not going to generally publicise research on WIOM because it will be counterproductive in terms of other struggles on women and gender issues. Sita6 is one of many prominent Islamic feminists who struggle for women's rights since the 1990s. According to her, one has to consider the importance of the local wisdom and psychological aspects of the husband’s position. Negotiation within the couple and the family is very important when it comes to gender issues (Qibtiyah 2019).
17The WIOM’s controversy is not only debated among Muhammadiyah-‘Aisyiyah’s members, it also raises arguments among Muslim scholars. Literalist scholars who interpret the leadership passage literally, argue that the Qur’an and Hadith state that a woman may not be a leader of men, especially as far as sholat is concerned. They link their decision with their belief that men have a higher status than women and are heads of their families because they are more capable than women both physically and psychologically (Ilyas 2009; Najib 2009). Moderate scholars argue that women may be leaders of men in all areas except sholat as long as they show leadership ability (Mulia 2005). They further argue that historically, in the early period of Islam, there was no model of a woman leading a mixed group of sholat. They studied the Umm Waraqah’s Hadiths and concluded that the Hadith saying that Umm Waraqah was chosen by the Prophet Muhammad to be imam sholat for her family was invalid and could not be used as a hujjah (reason to make a law/rule in fiqh) for women’s leadership of sholat (Suryadilaga 2003). Progressive scholars understand the leadership texts as arguing that women have the right to be leaders even in religious services (sholat). They may be imams and lead prayer services, for both adult males and/or mixed groups (Suryadilaga 2003; Fauzia, Burhanudin 2004; Subhan 2008). According to Subhan (2008), both rejecting and supporting Hadiths for women imams are weak (dha‘if), albeit the level of weakness is different. She develops that the Hadith that prohibits WIOM narrated by Ibnu Majah, is weaker than the Hadith defending the legitimacy of female imam narrated by Abu Dawud. Therefore, according to progressive scholars, WIOM should be accepted regarding the religious knowledge of the women. If a woman preacher knows the Qur’an by heart and has a good understanding of the Islamic knowledge, she should be able to lead the prayer. Despite the fact that Muhammadiyah’s Committee of Legal Affairs declared WIOM religiously legal, in 2010, the members of the organization kept the report private, because of the controversy it would provoke among the literalist scholars. WIOM is one of the very sensitive women’s issues in Indonesia and the Muslim countries. Polygamy and inheritance are the two other burning issues that mobilize female Islamic activists around the Muslim world.
18Besides the issue of women imam over men (WIOM), polygamy and inheritance also generate contentious gender debates. On the issue of polygamy, the number of respondents who chose moderate and progressive standpoints is almost the same, whereas on inheritance, the majority supports the progressive approach. The following discussion will explain in greater detail the information gathered on the issue of polygamy and inheritance.
19Polygamy has sparked controversy among scholars as well as women activists in Indonesia. From the National Women Congress in 1928 to the early 1970s, an on-going debate surrounding polygamy was held between women activists from secular and Islamic organisations (Martyn 2004; Vreede-de Stuers 1960). The 1974 Marriage Law added difficulties for registering polygamous marriages. Nurmila explains that to register a polygamous marriage, the Law requires the husband to apply for permission from the Religious Court, the only court capable of registering polygamous marriages. The court imposes on the husband very strong conditions for contracting a second marriage: if his wife cannot fulfil her duties as a wife; if she has physical defects and/or an incurable disease or if she cannot bear children. The husband must also have the consent of his existing wife/wives; be able to financially support all his existing wives and children; and ensure that he treats all his wives and children justly. This guarantees that the husband will fulfil all economic needs and that he will treat all of his wives and children justly (Mudzakir 2005).
20In 2015 ‘Aisyiyah stood against polygamy, due to the difficulties in fulfilling the religious requirements (Qibtiyah 2019). The female wing of the Muhammadiyah organization, therefore, is against the prohibition of the polygamous marriage, justifying its stand with the argument that it is allowed by the religious texts.
21The Qur’an discusses polygamy in Surah An-Nisa (4:3, 20 and 129). The most commonly cited text containing a debate on polygamy is the Qur’anic passage An-Nisa (4:3):
And if you fear that you shall not be able to deal justly with the orphan-girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (the slaves) that your right hands possess. That is nearer to prevent you from doing injustice (Mohsin 2011: 1).
22While there are several Hadiths that discuss polygamy, there are none that actually instruct men to engage in polygamy. Some delineate its limitations and restrictions (Qibtiyah 2006). The first Hadith says: “the Prophet did not marry again when he lived together with Khadijah until she died” (Sahih Muslim 2: 371). The last Hadith, which advocates limitations on polygamy, reads as follows:
Narrated by Al-Miswar bin Makhrama: I heard Allah's Apostle who was on the pulpit, saying “Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to ‘Ali bin Abu Talib. But I don’t give permission and will not give permission unless ‘Ali bin Abu Talib divorces my daughter in order to marry their daughter. Because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me” (Sahih Bukhari 62: 157).
23Based on those religious texts, according to the literalist approach, polygamy is natural because men are naturally polygamous, and women are naturally monogamous. The moderate approach views polygamy as acceptable only if the conditions of the universal concept of justice prevail, such as protecting orphans and widows. Finally, the progressive view finds polygamy unacceptable today, because it is out of step with contemporary thought and causes lots of troubles especially for women and children. The majority (58%) of male respondents have a moderate view of polygamy. The view of female respondents holds a prominently progressive view (57%). This data helps us to understand that polygamy for women is more problematic than for men. Despite being gender activists, males tend to accept polygamy. In contrast, females tend to view polygamy as unacceptable.
24During in-depth interviews, respondents reported different views, both pro and against polygamy. Permata agreed with polygamy for the following reason:
For me polygamy is legal as far as it does not happen to my husband. I think polygamy causes vulnerability for women because usually the husband will ignore the first wife and in the current situation many polygamous people do not follow the prophet Muhammad’s reason such as for widows and children protection (Interview Permata: 22/06/2010).
25Sita, a female respondent, disagreed with polygamy by giving arguments as follow:
Islam does not encourage polygamy. Polygamy is part of the culture in the society and Islam came to respond it. For me I agree with Islamic leaders in Tunisia who stand that polygamy is a pre-Islamic culture and therefore Muslims should leave it… Indonesia prohibits slavery although the Qur’an allows that, so I think the same for polygamy. Actually, it is getting difficult for men to get to practise polygamy based on Indonesian Marriage Law 1971. Historically, no single case of polygamy in Indonesia follows the Law such as the couple come to court to get consent from the judge… The first wife usually gives consent for her husband to have another wife, because in many cases the first wife depends on her husband economically. If the first wife is economically independent, she usually prefers to have divorce… First of all polygamy was one solution to deal with social problems not sexual problems (Interview Sita: 03/06/2010).
26Different opinions on polygamy are shared among Muslim scholars. The literalist scholars conclude from An-Nisa (4:3) that the original marriage law in Islam advocates for polygamy and declares it is recommended (sunnah). If a man fears that he cannot be a just husband to all of his wives, only then it is good to be monogamous. According to Doorn-Harder (2006), the literalists view polygamy as part of the beauty of Islamic teaching. They have declared their support for early marriage and polygamy to prevent the sin of adultery. They have tried to connect polygamy and early marriage to morality (Doorn-Harder 2006) in the belief that it is better for a man to have several wives than to engage in extra marital sex with a prostitute. They also believe that it is better to marry early than to commit adultery (zina), considered as one of the greatest sins against marriage (which is honourable). Muslims who support polygamy generally view women as objects, while those against it view women as active subjects (Ilyas 2002). Considering women as objects means that women are seen as passive and as lacking the ability to make decisions for themselves. In cases of polygamy, sometimes they become the sexual objects of their husbands (Ilyas 2002).
27Another literal interpretation of the Qur’an regarding polygamy was written by Jusuf Wibisono: “Polygamy is not only necessary in the case of an excess of women; it is also an active means of contending against the social evils rampant in Europe” (Vreede-de Stuers 1960: 107). Literalists also believe that polygamy texts were revealed to fulfil men’s sexual needs given their belief that men are more sexually charged than women (Philip, Jameelah 1999).
28With regard to polygamy, an Indonesian moderate scholar like Haji Abdul Malik Karim Amrullah (HAMKA), in his Tafsir Al Azhar, argued that polygamy is lawful under certain conditions, e.g., if the wife is infertile or cannot serve her husband sexually (Fauzia, Burhanudin 2004; Yusuf 2005). Polygamy is considered acceptable only when the husband can treat all wives and children psychologically and economically equally and justly as part of the main pre-requisite. The Indonesian government’s position is closer to the moderate approach in its implementation of the polygamy law in the Family and Marriage Law no. 1/1974.
29Progressive scholars criticise the law as seemingly protecting women from discrimination resulting from polygamy; they claim it is gender-biased, ignores women’s rights, and attributes all of the faults to the wife. The law does not make any mention of the husband’s condition, e.g., if he is disabled and/or impotent or does not fulfil his obligations as a husband. Therefore, it seems that polygamy is allowed because of the failure or fault of women (Qibtiyah 2006). According to Rohmaniyah (2002), although the law decrees that polygamy may only be practiced with the wife’s consent, this does not suggest that the wife has the real autonomy to object. Progressive scholars argue that polygamy is unacceptable because it is out of step with contemporary thought and, like slavery (Prawiro 2008), it creates more social problems than it solves, particularly for women and children (Mulia 2004). The establishment of social justice institutions that focus on widows and orphans may be more helpful and less traumatic than exercising polygamy to deal with their problems (Qibtiyah 2019). Polygamy is a contentious personal gender issue that most women reject, while on social gender issues such as unequal shares in inheritance, they are less resilient.
30There is also a debate among Muslims with regards to inheritance. Some Muslim believe that male heirs should get twice as much as female ones. In the Muslim world today, not only men are meant to protect and give nafkah (livelihood) to their families, but women as well. This suggests that some Muslim scholars today interpret verses differently. Some continue to understand them textually, and others offer new contextual readings. Before the time of the Prophet Muhammad, women and children in Arab tribes could not claim inheritance; in fact, they were even part of inheritance itself (Romli 2010; Nasif 2001). Heirs were only given to adult men who carried weapons and protected their tribes. Therefore, according to Subhan (2008), when Islam changed this tradition by giving women half the portion allocated to men, it seemed quite radical. This research revealed that female respondents tend to adopt a more progressive approach than males on inheritance. Discussion of inheritance in Islam generally refers to the Qur’anic passages of Surat An-Nisa (4:7 and 11), which state that both sons and daughters have rights to inheritance, and daughters must receive half of the man portion, only.
31Based on those texts, literalists interpret that men should receive a double portion whereas women should receive a single portion in inheritance. Moderate people assert that because men should be given a double portion of inheritance and women a single portion, other types of charity should be found for women. Progressive groups argue that women should inherit a portion equal to that of a man (or whoever needs more) regardless of gender.
32This research found that almost a half of all respondents adopted a progressive approach in favour of an equal distribution of inheritance regardless of gender (48%), around one third took a more qualified (moderate) approach (33.3%), suggesting that other types of charity should be found for women in cases where men receive a double portion and women receive a single portion. The remainder (17.8%) assumed the literalist position, arguing that men should receive a double portion and women a single portion.
33Based on qualitative data, this research reveals that almost all of the respondents argued that the important value of inheritance is upholding justice (‘adl). But respondents had different understanding of justice. An example of a literalist respondent who agreed to two portions for male heirs and one for female heirs is Maman. He explained that 2:1 allocation is equal because if it is combined in the family, the husband gets two portions from his family and the wife gets one portion from her family: then the result is 3 portions (Interview Maman: 05/05/2010).
34Two respondents who adopted a moderate position were Darma and Permata. "I try to understand what Allah thinks about inheritance. For me... we could still implement 2:1 but we have to raise an awareness to share property to the one who needs most" (Interview Darma: 09/05/2010). Permata, a female respondent argued that the Islamic system of philanthropy placed very good value on inheritance. Unfortunately, this particular Islamic system is not well implemented in Indonesia.
Long time ago in the Prophet Muhammad era, if there was a widow, her brother or her uncle would fulfil her basic needs; therefore, although women got a single portion it was not a problem, because there was somebody helping her fulfil her basic needs... but this system does not exist anymore. As a result, it seems that Islamic law on inheritance 2:1 is not fair... I will tell my case in my family. My oldest brother yelled at all heirs to ask his portion double compared to female heirs. But then I asked him to be responsible in nafkah to my older sister who was a widow until she got married again. My oldest brother did not agree with this idea. Then, the inheritance was divided equally between men and women in my family based on consensus among family members (Interview Permata: 22/06/2010).
35Some progressive respondents argued that the different distributions of inheritance between men and women in the contemporary Indonesian context do not portray the justice value of Islam. In addition, they argued that the important thing was ‘adl (keadilan), not the portion itself. Most of them took a progressive approach, i.e., that men and women should inherit equally or that an inheritance should be divided based on need, regardless of gender. The following views are expressed by Tria and Abdullah respectively.
36Tria explained that although the Qur’an clearly states two portions for men and one for women, it cannot be implemented in the current situation.
There are many cases in the family where a man is richer than his sister... if a woman receives a half portion compared to her brother, it will cause her to become poorer and vulnerable. I think it is not fair that because he is a man he gets double compared to his sister. For me, in Islam the basic value is justice and care for the needy. I imagine that the inheritance text was revealed to respond to the context at that time when women were part of the property, therefore they did not inherit property from their parents even they were part of inheritance itself (Interview Tria: 20/06/2010).
37Abdullah argued that two portions for men and one for women was not fair because in the current situation both men and women are responsible for earning nafkah.
This is an interesting issue. For me, the inheritance text in the Qur’an was revealed in the city of Madinah; therefore it can be contextualised with the current situation... it is not a fixed verse... In reality when in the family both men and women contribute earning nafkah then the number also should be changed because division 2:1 comes from the reality that a man was the only breadwinner at that time... Also ‘ulamas in different Islamic schools of thought have different interpretation on inheritance distribution. It means that the inheritance text can be contextualised (Interview Abdullah: 22/06/2010).
38Debating on inheritance does not only take place among Muhammadiyah and ‘Aisyiyah members, but it also occurs among Muslim scholars. Literalist scholars argue that men should get the double of the inheritance of women. This difference in treatment is usually explained by reference to the Qur’an and relates to the concept of nafkah, i.e., that a wife is entitled to maintenance from her husband in terms of shelter, clothing, food and medical care (Departemen Agama 1996; Nasif 2001; Siraj, Hilary 2005; Yunus 1993). Some literalists argue that this differential treatment (2:1) is based upon the reckoning that women lack rationality and, that if they receive an inheritance, they may squander it on jewellery, dresses and other frivolities (Subhan 2008).
39Meanwhile, the moderates agree with the literalists regarding inheritance but nevertheless encourage other charitable acts such as giving presents or making a will (hibah) in favour of a woman, making her portion equal to that of a man. In the Indonesian context, this idea is similar to the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI established in 1991). The article 176 of this compilation states that inheritance should be divided based on gender, i.e., a daughter gets half of her brother’s allowance. Article 183 states that the family could sign an agreement for dividing the inheritance after all of the heirs are aware of their share (Kompilasi Hukum Islam, Impres 1991). Nevertheless, Indonesian communities that support an egalitarian approach may interpret this Law differently from the literalists. The former will decide that all men and women should share an equal right in inheritance as long as all inheriting members agree (Subhan 2008). For them, the distribution in the Qur’an text was simply a tool to create justice in society at that time, and it was transitional text, not an absolute one (Subhan 2008).
40Progressive scholars argue that both men and women should share an equal portion of an inheritance; a woman or man may even get a larger portion than the other depending upon the need (Mulia 2005; Subhan 2008). A number of NGOs and liberals in Muslim countries have called for equal inheritance rights, claiming that the different treatment on the basis of gender violates international human rights. While an important number of women members of ‘Aisyiyah said that they are for an equal sharing of the inheritance and for the elimination of the polygamous marriage, the open opposition stand, to changing the official position of the organization, is very weak. Most of them will never allow their husband to take another wife but would not dare to challenge the existence of polygamy or the inheritance share available in the religious text, therefore downplaying the damage that could affect vulnerable women (Siraj, Hilary 2005).
41The survey we conducted in Yogyakarta shows how members of ‘Aisyiyah and Muhammadiyah deal with contentious gender issues such as women imam over men, polygamy and inheritance. Results show that respondents don’t have a single understanding about gender issue, promoted by ‘Aisyiyah and its mother organization. Moreover, we can observe that gender issues matter among the members. ‘Aisyiyah members have been training and educating thousands of women in religious knowledge for decades. A new generation of female Islamic intellectuals emerged from its woman wing who fight for women rights and emancipation on behalf of Islam. They have been trying to change the traditional position of the mother organization. As time passes, we see that the organization takes more and more progressive stands related to women issues. Within the religious courses given by ‘Aisyiyah preachers, students find tools among religious knowledge to fight for their rights within the family matters (polygamy and inheritance) and within the society (female religious leadership).
42Although people have been concerned about gender issues and some of them get involved as gender activists, they also have different conceptions of gender. The ways they understand the Islamic texts and the paradigms they use to perceive Western ideas are the most influential factors for this plural understanding. The moderate and the progressive/contextual groups are likely to have positions closest to “feminist” positions. In terms of approaches toward gender issues in Islam, Muhammadiyah and ‘Aisyiyah members in Yogyakarta tend to adopt a moderate approach accepted by the Muslim society and its traditional culture.