Ahkam: Jurnal Ilmu Syariah
https://journal.uinjkt.ac.id/index.php/ahkam

Revisioning Official Islam in Indonesia: The Role of Women
Ulama Congress in Reproducing Female Authority in Islamic Law
10.15408/ajis.v24i1.34744
Zainul Mun'im*1, Muhamad Nasrudin2, Suaidi3, and Hasanudin4
1

Universitas KH. Mukhtar Syafaat Blokagung, 2IAIN Metro, 3IAIN Madura, 4UIN Prof. K.H. Saifuddin Zuhri
zainulmnm@iaida.ac.id*

Abstract
Until now, the religious views of the Indonesian Government, known as official Islam, tend to be
masculine and patriarchal in determining laws. The masculinity of official Islam can easily be found in
some regulations in Indonesia. The establishment of the Indonesian Congress of Women Islamic
Scholars (Kongres Ulama Perempuan Indonesia, KUPI) has introduced a new perspective on gender
amid the dominance of official Islamic masculinity. This article focuses on the role and position of
KUPI amid the dominance of official Islamic masculinity in Indonesia. Through content analysis and
Charles Peirce's theory of knowledge construction, the author found that KUPI has successfully become
a center for reproducing female authority in Islamic law. This is achieved by reinterpreting several
government rules and policies that tend to be masculine and disadvantageous to women. The success of
KUPI as a center for the reproduction of the authority of women Islamic scholars plays a role in revising
official Islam. KUPI accomplishes this by offering a new paradigm that embodies the values of justice
and gender equality.
Abstrak
Pandangan-pandangan keagamaan Pemerintah Indonesia yang dikenal dengan istilah official
Islam selama ini masih cenderung maskulin dan patriarki dalam menetapkan hukum.
Maskulinitas official Islam dapat dengan mudah ditemukan dalam sebagian aturan di Indonesia.
Penyelenggaraan Kongres Ulama Perempuan Indonesia (KUPI) memunculkan perspektif baru terkait
gender di tengah dominannya maskulinitas Official Islam tersebut. Artikel ini menganalis peran dan
posisi KUPI di tengah dominannya maskulinitas Official Islam di Indonesia. Melalui
pendekatan content analysis dan teori konstruksi pengetahuan Charles Peirce, penulis berargumen
bahwa KUPI telah berhasil menjadi pusat reproduksi otoritas ulama perempuan di Indonesia. Hal ini
dicapai dengan melakukan penafsiran ulang terhadap beberapa aturan dan kebijakan pemerintah yang
cenderung maskulin dan merugikan perempuan. Keberhasilan KUPI menjadi pusat reproduksi otoritas
ulama perempuan ini berperan dalam merevisi Official Islam tersebut. Hal ini dilakukan oleh KUPI
dengan menawarkan paradigma baru yang lebih mengandung nilai-nilai keadilan dan keseteraan gender.

Keywords:
Indonesian Congress of Women Islamic Scholars; female authority; Indonesian official Islam; Gender
How to Cite:
Mun’im, Z., et.al., (2024). Revisioning Official Islam in Indonesia: The Role of Women Ulama Congress in Reproducing
Female Authority in Islamic Law. AHKAM: Jurnal Ilmu Syariah, 24(1). https://doi.org//10.15408/ajis.v24i1.34744

135 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

Introduction
In the history of Islam, religious interpretations and opinions have often been dominated by
gender-biased interpretations, particularly in the field of Islamic law. Although early Islamic
history records that women Islamic scholars have been part of every civilization of knowledge
(Alwani, 2019), scholarly authority has been concentrated mainly among men since the Middle
Ages. This domination has led to the disregard of the interpretations and opinions of women
Islamic scholars. Gradually, Islamic governance adopted male Islamic scholars' opinions as the
state's official stance (Barazangi, 2008). The official religious views of the Islamic State can be
found in the explanations provided by John L. Esposito (1975). He explains that religious views
prohibiting women from appearing in public spaces became the state's official stance in the Middle
Ages. According to Khalid Abou el Fadl (2001), the prioritization of religious views by the state
led to the Islamic legal framework becoming increasingly patriarchal in the Middle Ages. Such
patriarchal religious views often remain the primary reference for the state and its various official
institutions. For example, the fatwas issued by the official Saudi Arabian institution known as the
Council for Scientific Research and Legal Opinion (CRLO) often contain arguments rooted in
classical Islamic jurisprudence, which tends to be authoritarian and patriarchal.
The official religious stance of a state that adopts particular religious views is known as
"official Islam." Michael Robbins and Lawrence Rubin (2017) highlight the phenomenon of
official Islam in Muslim-majority countries. They both provide examples of Middle Eastern
countries such as Morocco, Jordan, Tunisia, and Egypt that have reinforced a particular Islamic
paradigm as the official doctrine of the state. This finding indicates that these countries' dominant
interpretations and opinions on religion have become integral to the government's official policies
regarding religious matters. This phenomenon can also be observed in Muslim-majority countries
outside the Middle East, including Indonesia. The Indonesian government has also adopted
religious views as part of its official policies on religious matters. This explanation shows that
official Islam is not limited to a specific geographical area but is a pattern in various Muslimmajority countries. Thus, official Islam indicates a tendency to affirm a particular interpretation
or school of Islam as the official and legally valid one within the state's power structure.
According to Brown (2017), the state's control and supervision of various religious activities
have led to the establishing of official institutions and the emergence of the state's official
interpretations. Bureaucratic interpretations of official Islam often clash with other religious
perspectives in the competition for religious authority. For example, government official
institutions' involvement in issues such as endowments (waqf), fatwas, education, worship, family
law, and broadcasting frequently faced criticism from groups with different religious views.
In Indonesia, there is also an official state Islamic school of thought that adopts particular
religious views. In gender issues, the official religious opinions of the state often emphasize male
authority. This gender-biased official Islam stems from Indonesian Government policies since
ancient times. O’Shaughnessy (2009: 38-41) and Maria Platt (2017: 74) provide examples of
women-unfriendly policies during the New Order era. In 1973, the New Order Government
resulted in the 1973 Marriage Law Bill, which proved controversial. In its original form, the bill
proposed to abolish polygamy, establish civil registration as the only legal signifier of a marriage,
require the use of a civil court only (rather than an Islamic court) and allow inter-religious
marriage. The proposal attracted accusations from Muslim leaders that the bill was an exercise in
‘Christianization’. Eventually, the bill was revised and enacted as the 1974 Marriage Law, which
allowed court-sanctioned polygamy and required marriage based on religion.
O’Shaughnessy (2009) also explains that Marriage Law No. 1 of 1974 provides different
legal rights and obligations for men and women. The different rights and obligations of spouses
were defined in two articles (31 and 34). Husbands were charged with protecting wives and
providing all household requirements. Wives were required to manage these resources and the
household to the best of their ability. The linguistic distinction made in the law between husbands

AHKAM – Volume 24, Number 1, 2024 | 136

Revisioning Official Islam in Indonesia

as heads of ‘family’ rather than households and women as managers of ‘household’ also suggests
that the creation of gendered legal subjectivities was directed at reshaping the broader social order.
The state's policy on gender equality, especially in marriage matters, did not emerge from a
political-legal vacuum. The government was more inclined to accommodate the aspirations and
interpretations of traditionalist Islamic groups that emphasized male authority over women. This
was done for political purposes to appeal to traditionalist Islamic groups, which were politically
crucial in supporting the continuity of the government (Butt, 2008). Therefore, it is not wrong to
say that the legal aspects that emphasize male authority in Indonesia are a legacy of power
relations between the government and gender-biased interpretations of scholars.
Responding to such gender-biased official Islam, an Indonesian Congress of Women
Islamic Scholars (Kongres Ulama Perempuan Indonesia, KUPI) has been established. It has been
pioneered by women concerned with gender justice issues from an Islamic perspective, including
scholars, leaders of Islamic boarding schools (pesantren), activists, and academics. The strategic
position of KUPI as a congress of women Islamic scholars in responding to gender issues becomes
intriguing when connected to official Islam, which represents the Indonesian Government's
religious perspective. Several studies on KUPI have been published. Wahid's research, entitled
“KUPI: Gerakan Baru Perempuan Indonesia,” focuses on the historical aspect of its
establishment. According to Wahid, there is no historical record of women Islamic scholars ever
convening a congress, whether in Indonesia or around the world. Although KUPI does not claim
to be the "first congress," in that historical context, KUPI can be referred to as the first congress
of women Islamic scholars in Indonesia and the world. Another article by Ma’ruf (2021) titled
“Kongres Ulama Perempuan Indonesia dalam Wacana Merebut Tafsir Gender Pasca Reformasi:
Sebuah Tinjauan Geneologi.” This article concludes that KUPI has successfully presented the
symbolic preferences of women Islamic scholars in Indonesia. Similarly, Kloos and Ismah (2023),
entitled "Siting Islamic Feminism: The Indonesian Congress of Women Islamic Scholars and the
Challenge of Challenging Patriarchal Authority," argue that the primary significance of KUPI
lies in the way in which it expands the global Islamic feminist project from a scholarly and
intellectual movement into a locally resonant and potentially impactful social movement.
In addition to the three articles mentioned above, there is a research book written by
Faqihuddin Abdul Kodir titled “Metodologi Fatwa KUPI: Pokok-pokok Pikiran Keagamaan
Kongres Ulama Perempuan Indonesia.” In his book, Kodir (2022) examines explicitly the
methodology employed by KUPI in formulating its fatwas. As far as the researcher's observations
go, no research article attempts to analyze the role of KUPI in challenging the dominance of
official Islam adopted by the state in its policies. This article evaluates KUPI's role in producing
women's knowledge about Islamic law and gender justice within women-unfriendly official Islam.
Method
This article is a qualitative study that seeks to understand a specific phenomenon through
careful data collection and sharp analysis. Primary data for this research was obtained from
documents containing the decisions made by KUPI in its first congress in 2017 and the second
congress in 2022, as well as interviews with key figures involved with KUPI. Secondary data
includes books, articles, and research on official Islam in Indonesia and KUPI. Both primary and
secondary data will be analyzed using Charles Peirce's theory of thought construction. This theory
holds that the process of thought undergoes five dialectical processes. It begins with a belief. This
belief transforms into a habit known as a 'habit of mind'. This habit must be doubted to become
'doubt'. 'Doubt' is then reexamined to obtain a new understanding called 'inquiry'. Finally, 'inquiry'
gradually evolves into a new thought known as 'the new logic' (Munitz, 1981). Scholars rarely
dare to doubt religious thoughts that have become 'habit of mind' or habitual in thinking, thus

137 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

perpetuating these thoughts as habits deemed correct. This theory will be used to analyze the role
of KUPI in questioning any official Islamic religious views that have become habits of mind.
Mapping Official Islam on Gender in Indonesia: The Masculinization of Islamic Law
Official religious institutions play various roles in Middle Eastern countries. The diverse
religious tasks undertaken by the state have given rise to a broad bureaucracy in religious affairs.
According to Brown (2017), these official Islamic institutions reflect the realities of developing
countries, including strengthening state control and supervision over various religious activities,
even though state power is never absolute. The above facts are known as the bureaucratization of
religion, a bureaucratic political system responsible for determining and interpreting a religious
doctrine (Sezgin & Kunkler, 2014). Samuel Rascoff also supports this conclusion in his research
on the development of official Islam in America. He concludes that one of the factors behind the
emergence of government-sponsored official Islam is deradicalization purposes. The government
is interested in suppressing radical religious interpretations by promoting moderate religious
interpretations as the official Islam endorsed by the government (Rascoff, 2012).
Brown, Sezgin, and Rascoff's explanation of official Islam in the Middle East and America
is not significantly different from that of Indonesia. Lately, the Indonesian government has been
actively promoting moderate Islam. Interestingly, this only applies to national political issues,
such as the issues of NKRI (the Unitary State of the Republic of Indonesia), nationalism,
multiculturalism, pluralism, and other national political issues. In gender-related matters,
however, the government tends to prefer the views of classical Islamic scholars, which sometimes
contain gender bias. This explanation indicates that official Islam in Indonesia has two
contradictory sides.
On the one hand, the official Islam of Indonesia presents its moderate face, but on the other
hand, it shows its textualist and traditionalist face. During the New Order era, state policy
emphasized "natural" gender roles, encouraging women to adopt the role of wives and men to
hold leadership positions in both household and public affairs (Blackwood, 2007). According to
Susan Blackburn (2004), the masculine and patriarchal gender ideology was influenced by the
military, which was the political approach during the New Order era. This policy continues the
religious doctrine of the Old Order that has long been practiced in Indonesia.
During the Reformation Era, Indonesia had a female president who subsequently enacted
legislation regarding domestic violence, and there was a growing shift in the representation of
women in feminist literature (Hatley, 2002). This was part of an effort to reform the amorality of
the previous regime by establishing a new moral order as the foundation of a democratic nation
(Brenner, 2011). The Reform Era is often called the beginning of gender equality development in
Indonesia. The government issues several women-friendly policies. Some of these policies can be
found in the Anti-Domestic Violence Law, Gender Mainstreaming Policy, General Election Law,
which requires 30% female candidacy in parliament, and other policies (Wieringa, 2015). The
fact of gender equality development in this Reform Era does not mean that the official Islam in
Indonesia has changed its masculine nature. Official Islam in Indonesia still retains many womenunfriendly policies, as found in the Kompilasi Hukum Islam (KHI). According to Augustina
Situmorang (2007), achieving more significant gender equality during the Reformation Era is still
questioned. Still, there has undoubtedly been a shift in gender norms reflected in the increasing
proportion of young women who remain unmarried, pursue education, and marry later.
Situmorang's explanation above indicates that official Islam, which is the official religious view
of the state, is still far from gender equality and justice, although not as bad as previous regimes.
The official Islamic views in Indonesia reflect the mainstream Islamic paradigm from
classical times to the present. This paradigm emphasizes the masculine aspect of Islamic law.
Therefore, it is not surprising that scholars conclude that the official Islamic paradigm in Indonesia
is influenced by traditionalist Islamic groups that emphasize male authority over women. This is

AHKAM – Volume 24, Number 1, 2024 | 138

Revisioning Official Islam in Indonesia

consistent with Butt's explanation that the government often adopts the religious views of
traditionalist Islamic groups. The purpose of such adoption is to gain political support from
traditionalist groups (Butt, 2008). Although there have been some advancements in gender justice
during the Reform Era with the emergence of women-friendly policies, as discussed above, these
advancements are limited to only a few government policies.
Essentially, the official Islamic perspective in Indonesia can be observed in several aspects.
Nathan J. Brown (2017) explains that official Islam is responsible for issuing policies in various
fields, including endowments and charity, advice and scriptural interpretation, education, prayer,
family law, and broadcasting. Brown's explanation is the conclusion of his research on the map
of official Islam in Middle Eastern countries. This conclusion may differ in other Muslim
countries, such as Indonesia, particularly in gender studies. While the above aspects may not
necessarily entail women-unfriendly policies, Brown's conclusion can serve as an initial argument
for mapping official Islam regarding gender equality in Indonesia. One of the most highlighted
aspects by researchers concerning official Islam in Indonesia regarding gender is family law. For
example, researchers argue that several ambivalent norms exist within Marriage Law No. 1/1974
and the Kompilasi Hukum Islam. On the one hand, the government acknowledges the legal
capacity of women is equal to men, but on the other hand, they reinforce roles based on gender,
with women in the domestic sector and men in the public sector (Hidayah, 2023; Prihatinah,
2005).
As a reflection of Islamic law in Indonesia, the Kompilasi Hukum Islam (KHI) tends to be
patriarchal. This is evident in its articles, which often prioritize men and place women in the
domestic sector. These regulations are embodied in marriage laws, such as engagement, the
requirements for marriage, dowry, marriage prohibitions, polygyny, annulment of marriage, the
rights and obligations of husband and wife, child maintenance, divorce, and inheritance share
(Hadi, 2014). When measured against the principles of Islamic teachings, many of the rules in the
Kompilasi Hukum Islam (KHI) do not align with the principles of equality (al-musawāh),
brotherhood (al-ikhā'), and justice (al-‘adl), which are fundamental principles of Islam.
Take for example, the regulations on polygamy in the Kompilasi Hukum Islam, which are
seen as being filled with gender inequality. The Kompilasi Hukum Islam states that polygamy can
be practiced if one or several conditions have been met, including the wife's consent, the ability
to treat multiple wives fairly, and the financial capability to support more than one wife.
Consequently, if one of the conditions covered in the Kompilasi Hukum Islam has been met, the
wife's consent is no longer required (Nurlaelawati, 2010). Gender inequality in regulations can
also be found in divorce matters. Euis Nurlaelawati (2013) explains that Law Number 1 of 1974
concerning Marriage and the Kompilasi Hukum Islam stipulates the need for permission from the
Religious Court for a divorce, regardless of which party initiates the divorce. However, in reality,
women more often come to court to resolve their marital issues than men. In recent years, the
percentage of divorces initiated by women has been increasing. In 2001, 57.5 percent of all
divorces in Indonesia were initiated by women, while men initiated 42.5 percent. In 2009, 66.4
percent of divorces were initiated by women and only 33.6 percent by men.
Nurlaelawati's explanation above illustrates the impact of marriage regulations in Law
Number 1 of 1974 and the Kompilasi Hukum Islam on gender inequality. Tibor Kozma (2012)
explains that determining whether women are truly oppressed significantly depends on whether
they benefit from the existing system. According to Nurlaelawati (2013), the high divorce rate is
initiated by women and the low divorce rate is initiated by men. It is caused by two factors. First,
women cannot secure a divorce without going to court. They often have no choice but to rely on
state law and go to court to petition for divorce or to finalize it administratively. Second, men see
ulama' -not the state- as guardians of Islamic law and consider their authority absolute. Therefore,
men tend to orient themselves towards classical Islamic law, which grants an exclusive right to

139 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

divorce without going through the court. The fact explained by Nurlaelawati indicates that the
regulation tends to favor men more than women. This is evident from the ability of men to obtain
a divorce without going through the court, while women often have to rely on a more formal and
time-consuming legal process.
This discussion indicates that the profound gender disparities have indeed occurred through
a very long process. The formation of gender role differences is shaped, socialized, reinforced,
and even socially or culturally constructed through interpretations of religious teachings and laws.
Therefore, official Islam in Indonesia is an integral part of the process of masculinizing Islamic
law.
Until now, scholars and researchers have mainly focused on gender inequality in family law
when critiquing the concept of official Islam's masculinity in Indonesia. They rarely discuss and
examine gender issues beyond the study of Islamic family law. Diah Ariani Arimbi (2009)
explains that gender discourse in Indonesia is primarily related to family law, such as marital
relationships and divorce. If there is any gender discourse outside of these legal aspects, it usually
only addresses women's involvement in politics.
The masculinization of Islamic law, as seen in official Islam in Indonesia, has been ongoing
since the Middle Ages. In the early days of Islam, male dominance as religious authorities did not
wholly prevent women from establishing their authority. Many women Islamic scholars were
considered to have authority in various fields of knowledge, especially in Quranic interpretation
(tafsīr), ḥadīth, and jurisprudence (fiqh). However, since the Middle Ages, very few women
Islamic scholars could be considered to have authority in Islamic studies (Alwani, 2019). This has
significantly impacted the paradigm of Islamic law. In Indonesia, the role of women is determined
not only by the state's power as applied in the Marriage Law but also by Islam, which plays a
crucial role in the domestication of women. As explained by Asghar Ali Engineer (2008), Islamic
law has historically been masculine and has functioned to perpetuate male dominance over
women. Therefore, Indonesia's official Islam paradigm is similar to most Islamic law paradigms,
as they share a masculine and patriarchal nature.
If the explanation above is analyzed using Charles Peirce's theory of thought construction,
the masculinization of Islamic law in official Islam reflects the "habit of mind." The “habit of
mind” is a belief that has evolved into a habitual way of thinking. Peirce believed that thought
should be constructed through five dialectical processes. A thought begins with a belief, a firm
statement about an accurate proposition (Munitz, 1981). This belief gradually forms a “habit of
mind.” A well-established habit of mind must be tested and doubted through "doubt." Then, it
evolves into "inquiry" and "the new logic," which represents a new belief that is the antithesis of
the old belief (Munitz, 1981). Referring to Peirce's theory above, it can be concluded that the
masculinization of Islamic law in official Islam is a "habit of mind" that has been ongoing for
centuries. In the words of Muḥammad Arkūn (1986), the process of masculinizing Islamic law in
official Islam is a pattern of Islam that purifies religious thought and has endured for centuries.
Very few scholars dare to critically question the "habit of mind" in official Islam. Among
the few critics are NGOs such as the Yayasan Kesejahteraan Fatayat in Yogyakarta, P3M
(Asosiasi Pondok Pesantren dan Pengembangan Masyarakat), Yayasan Rahima, and Yayasan
Puan Amal Hayati (Hidayah, et. al. 2024; Arimbi, 2009). They all represent some scholars who
have attempted to challenge the "habit of mind" regarding the masculinity of Islamic law that has
been entrenched for centuries. This aligns with Fanani's explanation (2009) that the difference
between those who are confident and those who doubt can be seen in feelings and behavior. Those
who doubt will always feel uncomfortable and strive to find the right belief to dispel their doubts.
In recent years, since 2017, the Indonesian Congress of Women Islamic Scholars (KUPI)
has been held. One of its goals is to produce scholarly authority for women Islamic scholars
(KUPI, 2021b). One of its agendas is to examine gender-related issues from the perspective of
Islamic law and contemporary feminism (Kloos & Ismah, 2023). If we look at the vision, mission,

AHKAM – Volume 24, Number 1, 2024 | 140

Revisioning Official Islam in Indonesia

and ideas that have been produced, KUPI is an agency that seeks to question the "habit of mind"
as a belief that has become a habit in official Islam's thinking regarding gender. KUPI strives to
reinterpret religious interpretations that have long been patriarchal, moving toward interpretations
that prioritize gender justice, especially for women.
KUPI as Production Center of Female Religious Authority
KUPI originated from a long history of activism by Muslim women in Indonesia. One of
these initiatives began with the ideas of Lies Marcoes at P3M (Perhimpunan Pengembangan
Pesantren dan Masyarakat) in the early 1990s. There were few research studies and discussions
on Indonesian Muslim women at that time. This finding was significantly different compared to
the abundant research on the lives of Muslim women in other parts of the world, such as Africa,
Afghanistan, Iran, and the Middle East. Based on this statistical disparity, Lies Marcoes needed
broader and more in-depth studies on Muslim women in Indonesia (Arimbi, 2009).
Following the issuance of the Kompilasi Hukum Islam, which generated pros and cons
regarding polygamy, divorce, and other family laws, as previously explained, many Muslim
feminists have expressed their interests more effectively and systematically. They have
established women's study centers that often organize seminars to discuss the protection of women
experiencing violence, orphaned children, and other vulnerable groups such as single mothers
(Nurlaelawati, 2010). These groups include Tim Pengarusutamaan Gender Kementerian Agama,
Asosiasi Perempuan untuk Keadilan, Rahima, which primarily consists of young members of NU
(Nahdlatul Ulama), Rifka al-Nisa, Yasanti, LSPPA (Lembaga Studi Pengembangan Perempuan
dan Anak), and others (Nurlaelawati, 2010).
The historical explanations above indicate that changes in Indonesia's political landscape
have led to increased discourse on gender and Islam. Both men and women Islamic scholars can
articulate their ideas about gender relations through discussions and writings. This aligns with
Euis Nurlaelawati's conclusion (2010) that the primary public actors in the gender debate within
family law are no longer just men but also women driven by gender equality. Similarly, Rachel
Rinaldo concludes that the resurgence of Islam in Indonesia has impacted the increased
involvement of women in civil society. Women's Muslim organizations play a significant role in
reshaping the Indonesian nation-state in the 21st century. The increased role of Islam in the public
sphere provides significant opportunities for women to engage in national debates on Islamic legal
issues such as abortion and pornography (Rinaldo, 2008). Through their participation in these
debates, Muslim women activists should be recognized as key players in advancing gender justice
in Indonesia.
As described above, this social background provides the historical context for establishing
the Indonesian Congress of Women Islamic Scholars (KUPI). Therefore, David Kloos and Nor
Ismah (2023) believe that founding KUPI is a logical step in responding to the dynamics of official
Islam in Indonesia. The initiative to establish KUPI came from three organizations: Rahima, the
Fahmina Institute of Islamic Studies founded by Kiai Hussain Muhammad in 2000, and Alimat
as a coalition of activists with a mission to support gender equality and justice. These three
organizations felt the need for a more ambitious effort to amplify the voices of women ulama in
the public sphere of Indonesia, gaining recognition beyond the local community (Ulfiyati, 2019).
In its implementation, KUPI collaborated with several groups and NGOs, such as AMAN
Indonesia (Asian Muslim Action Network Indonesia), which focuses on conflict resolution
through empowering women's leadership.
The first KUPI was held at the PP. Kebon Jambu Babakan Ciwaringin Cirebon in 2017.
More than 500 participants from various countries attended the event. The participants are not
only from Indonesia but also from 15 other countries, including Mossarat Qadeem (Pakistan),
Zainah Anwar (Malaysia), Hatoon Al-Fasi (Saudi Arabia), Sureya Roble-Hersi (Kenya), Fatima

141 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

Akilu (Nigeria), and Roya Rahmani (the Ambassador of Afghanistan in Indonesia). The congress
took place over three days, from April 25 to 27, 2017 (KUPI, 2022).
The first KUPI held in 2017 issued several fatwas on various current issues, such as sexual
violence, child marriage, environmental destruction, etc (KUPI, 2020). Meanwhile, the second
KUPI in 2022 had the theme “Meneguhkan Peran Ulama Perempuan untuk Peradaban yang
Berkeadilan (Emphasising Female Ulama’s Role for Just Civilization)” and took place at the
Pondok Pesantren Hasyim Asy’ari in Bangsri, Jepara, Central Java. Several issues were discussed
during this second congress, including the marginalization of women in safeguarding the NKRI,
the protection of women from religious-based violence, waste management for environmental
sustainability and women's safety, the protection of women from forced marriages, protection of
women's lives from pregnancy resulting from rape, and protection of women from dangerous
genital cutting and mutilation without medical reasons (KUPI, 2023). This second congress was
attended by 80% of female activists and scholars out of 1361 participants (KUPI, 2022e). This
data demonstrates that the KUPI Congress can attract women's interest in presenting their ideas
and arguments related to gender issues from the perspective of Islamic law.
KUPI’s views are generated through congress activities and articles by members and
participants of KUPI published on their website. 25 articles examine current gender-related issues,
such as Arguments for Women's Political Leadership, Aurat and Slander of Women's Bodies, the
Jurisprudence of Abortion, Women's Testimonies, Principles of Justice as the Basis for
Monogamy Choice, and other article themes (KUPI, 2022d). Although these articles represent the
personal views of each participant, they serve as a repository that forms the basis for Islamic law
discourse in the development of the KUPI perspective over time. Of the 25 articles stored on the
website, 20 of the authors are women Islamic scholars.
Over time, the KUPI Congress has successfully established itself as a center for
reproducing religious authority among women Islamic scholars in Indonesia. The government
fully supports the KUPI Congress's activities through the Ministry of Religious Affairs. The first
congress in 2017 was attended directly by Lukman Hakim Saifuddin, the minister of religious
affairs. Lukman (2022a) strongly connected with the Indonesian Female Ulama (KUPI) Congress.
He highly appreciated the grand event while delivering his Minister of Religious Affairs speech.
He supported the religious views and positions of KUPI, especially on the issue of preventing
child marriages.
According to Lukman Hakim Saifuddin (2022a), KUPI has three strategic meanings
related to relations, revitalization, and moderation. Regarding relations, KUPI has successfully
advocated for justice by raising awareness of the roles and relationships between men and women.
Lukman believes that gender relations issues are becoming increasingly urgent and relevant.
Regarding revitalization, KUPI is seen as recognizing and revitalizing the role of women Islamic
scholars, which has been ongoing since Aisyah Ra, the wife of the Prophet Muhammad. He
appreciates KUPI's efforts to build a network of women Islamic scholars. KUPI has also
succeeded in reaffirming and emphasizing the importance of moderation in Islam: Islam as
rahmatan lil alamin, Islam that does not marginalize the position of women, and Islam that spreads
goodness for all (KUPI, 2022c).
Meanwhile, the second congress in 2022 received full support from Yaqut Cholil Qoumas,
the Minister of Religious Affairs that year. In one of his interviews, Yaqut expressed his full
support for KUPI-II (Andrios, 2022). This support from Yaqut indicates that KUPI has
successfully become a center for reproducing religious authority among women. National issues
related to law, society, and culture are the focal points of KUPI's studies. The explanation above
demonstrates that KUPI is an agent that seeks to respond to official Islam in Indonesia, which
tends to be masculine in implementing rules related to Islamic law.
The masculinity of Islamic law has deeply ingrained itself as a predominant paradigm in
every action and regulation in Indonesia. In Peirce's terms, this reality is called the "habit of mind."

AHKAM – Volume 24, Number 1, 2024 | 142

Revisioning Official Islam in Indonesia

One of the objectives behind organizing KUPI is to cast doubt on this "habit of mind" within
official Islam in Indonesia. As Peirce explained, beliefs that have become a habit of mind need to
be examined and questioned through a process of doubt to discover a new paradigm that upholds
the values of gender justice (Munitz, 1981). The deep and comprehensive methodology for
determining Islamic law, combined with a feminist perspective, allows the decisions and
resolutions produced by KUPI to advocate for gender justice based on Islamic law. The
subsections below will discuss a more detailed explanation of the methodologies and approaches
used by KUPI in its conferences.
KUPI’s Fatwas and Their Methodology
The results of the KUPI Congress adhere firmly to the Quran and the Hadith. KUPI sees
integral and non-contradictory units in conveying God's message for the world's welfare.
Therefore, interpretations of both (the Quran and the Hadith) must mutually support one another.
Meanwhile, knowledge sources outside the Quran and the Hadith, such as social sciences, exact
sciences, philosophy, or life facts, are also integrated within the same framework. KUPI views all
sources as a complete, holistic, and coherent system. In formulating religious views on social life
issues, the legal foundations of KUPI always refer to the Quran, the Hadith, the opinions of
scholars, and the country's constitution. The Quran and the Hadith are the primary sources for the
fatwas and religious views of KUPI. This is done by collecting Quranic verses and Hadith
thematically related to social issues, translating them, and explaining their meanings and
relevance. On the other hand, the opinions of classical scholars serve as legal sources by selecting
and prioritizing one or several views of scholars deemed relevant to the issue under consideration
(Tim KUPI, 2017).
The legal sources above indicate that the fatwa methodology of KUPI utilizes the method
of intiqā’ī ijtihād. Intiqā’ī ijtihad is a methodology for determining Islamic law by comparing
various opinions of scholars and selecting one of those considered the most beneficial (Mun’im,
2021). According to Yūsuf al-Qarāḍawī (1996), intiqā’ī ijtihad is one of the fatwa methodologies
that is relevant to contemporary issues. Several factors make this methodology highly necessary
to ensure the relevance of Islamic law. These factors include the inevitability and demands of the
current era, which require scholars to consider contemporary realities in legal matters. According
to Alami and Hinchcliffe (1996), the method of intiqā’ī ijtihad is also known as the takhayyur or
tarjīḥ method among Islamic jurists. There is a fundamental difference between the method of
intiqā’ī ijtihad used by KUPI and the majority of scholars. While the majority of scholars choose
a legal opinion by considering the figure who expresses that opinion and which opinion is more
accessible for the community (al-Qarāḍawī, 2001), KUPI selects legal opinions based on nine
fundamental values: monotheism, mercy, benefit, equality, mutuality, justice, nationality,
humanity, and universality (Kodir, 2022). In the methodology of fatwa in KUPI, the hierarchy of
the validity of a legal opinion does not depend on the figure stating that opinion (mujtahid). Thus,
for KUPI, these nine fundamental values serve as the standard of benefit in the contemporary era.
Therefore, all interpretations and opinions of scholars need to consider these nine fundamental
values.
The nine fundamental values in the KUPI paradigm are embodied through three
approaches: mubādalah, ma'rūf, and genuine justice for women. Mubādalah is an approach that
believes that goodness enjoined by Islam is essentially for men and women, even though the text
in verse only refers to one party. Similarly, badness prohibited by Islam applies to men and
women, even though the text in the verse only refers to one party. The second approach is the
ma'rūf approach. This approach emphasizes everything that contains values of goodness, truth,
and appropriateness following sharia, common sense, and the general view of a society. Fayumi,
as the Chairperson of the KUPI Steering Committee, provides an example of verse 19 of Surah

143 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

al-Nisā' (4), which obliges husbands to treat their wives in a ma'rūf manner. Ma'rūf, in this context,
is something that is liked and accepted by feelings, justified according to sharia, and reinforced
by tradition and societal norms ('urf). The third approach is genuine justice. This approach
emphasizes the belief that men and women are equally primary creatures as stewards on earth and
secondary creatures as servants of Allah.
The methodology and approaches, as explained above, serve as the basis for the fatwas
and religious views of KUPI in its two congresses thus far. The two KUPI Congresses held in
2017 and 2022 have produced several fatwas. Interestingly, most of these fatwas are more focused
on issues rarely associated with gender issues. Among these fatwas are: (1) Sexual violence. (2)
Child marriage. (3) Environmental destruction. (4) Female genital mutilation. (5) Marginalization
of women in safeguarding the nation. (6) Waste management and women's safety. (7) Protection
of women's lives from the dangers of pregnancy resulting from rape. (8) Protection of women
from the dangers of forced marriages.
One example of applying KUPI's methodology and approach can be seen in the fatwa
concerning the marginalization of women in safeguarding the nation. KUPI has decreed that any
law or practice that results in the neglect of women and jeopardizes the security of the nation from
religious-based violence is prohibited (ḥarām) for every state institution, civil society, social
organizations, and religious organizations within their respective authorities (KUPI, 2022a). Until
now, issues related to the integrity of the Indonesian nation (NKRI) have rarely been associated
with a gender perspective, but KUPI has a different view. For them, the reality shows that the
efforts to maintain the integrity of NKRI have consistently marginalized the role of women
(KUPI, 2022a).
For KUPI, women have been the most disadvantaged group and have always experienced
layered vulnerabilities in religious-based violence, which poses a real threat to the resilience of
the NKRI. Extreme religious views can damage and pose a danger to NKRI because they tend to
legitimize women's position as a second gender that is inferior, subordinate, and marginalized.
Therefore, according to them, the marginalization of women in national endeavors not only
increases vulnerability and adverse effects for women but also threatens the nation's integrity. In
establishing the prohibition of marginalizing women in safeguarding NKRI, KUPI utilizes several
arguments, including verses from the Quran and Hadith, that emphasize the obligation of both
men and women to uphold the peace of the homeland. Additionally, KUPI includes the opinions
of scholars (aqwāl al-ulamā) that explain the competence of women in social work and their duty
to fulfill responsibilities (KUPI, 2022a). The arguments above indicate that KUPI's fatwa
methodology employs the approach of intiqā’ī ijtihad by selecting the opinions of scholars
considered relevant to the nine fundamental values mentioned earlier, namely monotheism,
mercy, welfare, equality, mutuality, justice, nationalism, humanity, and universality.
KUPI prefers the opinions of scholars who support the role of women in public spaces
rather than those who prohibit it. One of the opinions cited by KUPI in its fatwa above is the
opinion of Abu Syuqqah, who asserts that social work is a shared space between men and women.
Sometimes, women have a more significant role because they possess higher positive emotional
strength than men (KUPI, 2022a). This preference is based on equality, mutual respect, and
justice, which are fundamental considerations for KUPI. Simply put, if men are encouraged to
have a positive role in public spaces, the same encouragement should apply to women. It is only
natural for men and women to be equal and complement each other. This is the theoretical
framework behind the formulation of KUPI's fatwas in its two congresses so far.
Other KUPI fatwas follow a methodological pattern similar to the one described above.
For example, the fatwa on the protection of women from female genital mutilation (FGM) and
the fatwa on child marriage. The fatwa on female genital mutilation establishes that performing
female genital mutilation (FGM) without a medical reason is prohibited (KUPI, 2022b). This
fatwa is based on the phenomenon of non-medical FGM that still occurs in society. According to

AHKAM – Volume 24, Number 1, 2024 | 144

Revisioning Official Islam in Indonesia

the National Commission on Violence Against Women (2019), harmful non-medical FGM can
be found in practices related to fashion and practices driven by religious interpretation, culture, or
a combination of both (KUPI, 2022b). Another fatwa issued by KUPI regarding child marriage
states that preventing child marriages that can lead to harm (mafsadah) is obligatory (KUPI,
2021a). According to KUPI, existing marriage regulations have not protected women. Although
Article 7, Paragraph (1) of Marriage Law No. 1 of 1974 states that marriage is only permitted if
the man has reached the age of 19 (nineteen) years. The woman has reached the age of 16 (sixteen)
years. Other articles allow for exemptions by seeking dispensation from the court or other officials
requested by both parents. Indeed, the government has established Law Number 16 of 2019
concerning Amendments to Law Number 1 of 1974. Still, this regulation only revises the
minimum marriage age for women from 16 years old to 19 years old. According to KUPI (2021a),
this rule still opens a legal loophole for many parties to proceed with child marriages, including
permits granted by authorized officials (Religious Affairs Office or Religious Court).
The KUPI methodology for issuing fatwas on FGM (Female Genital Mutilation) and child
marriage above shares a similar pattern with other fatwas. KUPI employs the method of intiqā’ī
ijtihad with arguments from the Qur'an, Hadith, and the opinions of scholars that are most
beneficial when evaluated against the nine fundamental values explained above. In the case of
FGM, there are differing opinions among Islamic scholars. The majority of Shafi'i scholars argue
that FGM is obligatory (wājib) for women (al-Jazāirī, 2003). In contrast, scholars of the Hanbali
school contend that FGM is recommended (sunnah) for women (al-Maqdisī, 1997). These two
religious perspectives differ from those of the Hanafi and Maliki scholars, who argue that there is
no recommendation for women to perform FGM. This is because women do not have genitalia
that needs to be removed for the sake of purity and cleanliness (ṭahārah) (al-Zuḥaylī, 1997).
However, some contemporary scholars, such as Maḥmūd Shalṭūt (1995) and ‘Alī Jum’ah (2005)
believe that FGM, or female circumcision, is not a religious obligation because it lacks strong
textual evidence. KUPI chooses to adopt the viewpoints of these contemporary Islamic scholars
due to their alignment with the Islamic legal maxims and the nine fundamental values mentioned
above, employing the approaches of mubādalah, ma'rūf, and genuine justice. The methodology
of KUPI's other fatwas does not significantly differ from those discussed earlier. The pattern of
the intiqā’ī ijtihad methodology remains the most dominant approach evident in these fatwas.
The methodology and fatwas of KUPI indicate that KUPI tends to emphasize the
principles of protection for women and gender equality. This conclusion can be understood from
the methods and fatwas that KUPI has issued thus far. Every legal argument included in the fatwas
must be relevant to the nine values that are the basis of KUPI's thinking in religious aspects:
monotheism, mercy, benefit, equality, mutuality, justice, nationality, humanity, and universality.
With these nine fundamental values, every fatwa established by KUPI always reflects the spirit of
gender equality. The spirit of gender equality can even be found in fatwas that seemingly have no
direct relation to gender relations, such as the fatwa on the obligation to uphold the unity of the
Republic of Indonesia mentioned above. The tendency of the methodologies and fatwas of KUPI
mentioned above is inseparable from the purpose of organizing KUPI, which is to produce
knowledge for women and train female scholars within prominent figures and communities to
support and implement the movement. One of its agendas is to examine gender-related issues
using the perspectives of Islamic law and contemporary feminism.
The methods and approaches used by KUPI in every fatwa and religious viewpoint
mentioned above are based on one fundamental approach, namely the feminist approach. This is
further strengthened by the fact that the majority of KUPI figures are feminist activists in
Indonesia. Lies Marcoes, Farha Ciciek, Siti Ruhaini Dzuhatin, Saparinah Sadli, and many other
supporters of women's rights are categorized as Indonesian Muslim feminists (Robinson, 2006;
Hidayah, 2012). They use a feminist perspective to position women's issues as integral to the

145 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

national social agenda. According to Arimbi (2009), the feminist activists mentioned above strive
to deconstruct various normative religious concepts regarding gender relations commonly used
by official Islam in Indonesia. The feminist approach in the KUPI fatwa methodology is also
understood from the explanation of Faqihuddin Abdul Kodir (2023), who stated that feminism
can be a tool to transform unjust teachings into fair teachings related to practices that discredit
women. This explanation is reinforced by the acknowledgement of Nur Rofiah (2023), who
explained that one of the foundational methodologies and approaches in Islamic law determination
in KUPI leads to genuine women's justice. The emphasis on women's justice is a characteristic of
the feminist paradigm.
The methodology and approach utilized by KUPI in each of its fatwas demonstrate the
depth of scholarly authority among women Islamic scholars. This further underscores that KUPI,
as a platform for the academic gathering of women Islamic scholars, has successfully reproduced
female knowledge related to Islamic law. Historically, the determination of Islamic law has been
predominantly dominated by men, often resulting in rules that tend to be patriarchal and
masculine. In the following subsection, we will examine the position of these KUPI fatwas in the
context of the state's official implementation of Islam in various aspects of life.
Revisioning Official Islam: From Masculinity to Equality in Islamic Law
The explanation above indicates that KUPI has established the scholarly authority of
women Islamic scholars. Islamic legal methodology with a feminist approach has successfully
introduced Islamic legal provisions that lean towards gender equality and the protection of
women. It is well-known that the Islamic legal methodology and paradigm adopted by KUPI did
not originate from space. Social, cultural, legal, and political aspects serve as determining factors,
leading KUPI to provide fatwa responses that have been discussed previously.
The official Islam practiced in Indonesia has tended to be masculine and patriarchal. This can be
understood from the government regulations explained above. Although there have been some
women-friendly regulations, such as the Anti-Domestic Violence Law, Gender Mainstreaming
Policy, and the General Election Law, which mandates 30% female representation in parliament,
some other regulations reinforce social roles based on gender. This can be understood from the
explanations in the previous subsection.
The masculinity of official Islam in Indonesia can also be found in other government
policies. One of them is female genital mutilation/cutting (P2GP). In 2013, through the Ministry
of Health, the government revoked Minister of Health Regulation Number 1636 of 2010, which
governed the practice of FGM. This regulation had previously served as the standard operating
procedure (SOP) for healthcare professionals in cases where there were requests from patients or
parents to perform FGM on themselves or their babies (Wardah, 2014). The revocation of this
Ministerial Regulation granted access to FGM practices without clear medical reasons because no
sanctions were in place to regulate them. However, FGM practices without medical justification
are hazardous. The KUPI (2022b) mentions several dangers that can arise from FGM practices
that do not adhere to SOP, such as severed nerve networks that can lead to bleeding, potentially
resulting in death. Therefore, KUPI forbids harmful FGM practices without clear medical
justification.
Based on the arguments and considerations mentioned above, KUPI’s fatwa on FGM
recommends the following to the government: (1) Enacting legislation as a preventive measure
against harmful FGM practices without medical justification. (2) Raising awareness about the
dangers of FGM without medical justification during pre-marital counseling for prospective
brides and grooms at the Office of Religious Affairs (KUA). (3) Revoke medical practitioners'
licenses who provide FGM without medical justification (KUPI, 2022b).
The explanation above indicates that the government's official Islamic religious views and
policies on the issue of FGM have received a response and reaction from KUPI. KUPI, as a center

AHKAM – Volume 24, Number 1, 2024 | 146

Revisioning Official Islam in Indonesia

for the reproduction of female scholarly authority in Islamic law, seeks to revise the government's
official Islamic policies related to FGM, which are considered not to reflect gender equality and
overlook women's safety. From Charles Peirce's theory of knowledge construction perspective,
KUPI plays an agent attempting to question (doubting) religious views that have long been
believed and have become a "habit of mind" in government policies.
The conclusion regarding KUPI's role in reproducing the scholarly authority of women
Islamic scholars can also be found in the fatwa on child marriage. KUPI (2021a) establishes that
preventing marriages that can cause harm to children is obligatory. This fatwa also corrects and
revises the official Islamic paradigm related to marriage laws. As previously explained, official
Islam in Indonesia has tended to be patriarchal and masculine, especially in family law matters.
KUPI's fatwa on the obligation to prevent child marriages is a response to Marriage Law No.
1/1974, which still provides a legal loophole for many parties to conduct child marriages. Indeed,
Article 7, paragraph (1), stipulates that marriage is only permitted if the man has reached the age
of 19 (nineteen) years. The woman has reached the age of 16 (sixteen) years, but Paragraph (2)
provides for exemptions by seeking dispensation from the court or other officials requested by
both parents (Undang-undang Republik Indonesia Nomor 1 Tahun 1974 Tentang Perkawinan,
1974). The dispensation for child marriages is also implied in Article 15 of the Kompilasi Hukum
Islam, which refers to Article 7 of Marriage Law No. 1 of 1974 (Tim Penyusun Mahkamah Agung
RI, 2011). Therefore, KUPI wants to convey that the government's allowance for underage child
marriages is prohibited because preventing such marriages is an obligation.
The fatwa issued by KUPI regarding child marriage was established at the first KUPI
Congress in 2017. This fatwa provided recommendations, including the necessity for national
regulations or policies related to eradicating child marriage and amending Law Number 1 of 1974
concerning marriage regarding the minimum age of marriage for women from 16 years to 18 years
(KUPI, 2021a). These fatwa recommendations have successfully influenced the official Islamic
view in Indonesia. This was evidenced when the government issued Law Number 16 of 2019
concerning Amendments to Law Number 1 of 1974 concerning Marriage. The fundamental point
of this latest law is to change the minimum age for women to marry from 16 to 19 years (Undangundang Republik Indonesia Normo 16 Tahun 2019 tentang Perubahan atas Undang-undang
Nomor 1 Tahun 1974 tentang Perkawinan, 2019). Despite several arguments, only one
recommendation was ultimately approved by the government. However, this sufficiently
demonstrates the role of KUPI in revising the official Islamic perspective in Indonesia.
If analyzed using Charles Peirce's theory of knowledge construction, it can be shown that
KUPI's fatwa on child marriage is not significantly different from KUPI's fatwa on female genital
mutilation (FGM). The role of both fatwas is to revise every aspect of official Islamic religious
views that are masculine and enforced by the government in its policies and regulations. KUPI
has acted as a change agent by questioning and doubting every official Islamic religious view in
Indonesia that has become ingrained in its thinking as a "habit of mind." This explanation can also
be found in other fatwas issued by KUPI, such as the fatwa on the Marginalization of Women in
Preserving the NKRI from the Dangers of Religious-Based Violence (KUPI, 2022a).
The role of KUPI becomes even more evident when looking at the recommendations
provided in its fatwas. In all the fatwas it has issued, KUPI consistently recommends that the
government improve existing regulations. For instance, in the fatwa on FGM, KUPI (2022b)
recommends that the government and legislative bodies promptly create policies and rules to
prevent harmful FGM practices without medical justification. The same recommendation is also
found in KUPI's fatwa on child marriage. In that fatwa, KUPI (2021a) recommends that the
government ensure the existence of binding national regulations related to the prevention,
handling, and elimination of child marriages and amend Marriage Law Number 1 of 1974, which
is considered highly detrimental to women.

147 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

The explanations above highlight KUPI's role amidst the dominance of official Islamic
religious views in Indonesia. Through its feminist perspective, KUPI's fatwas aim to revise every
official Islamic view that tends to be masculine and patriarchal, replacing them with new
perspectives that emphasize gender equality and the protection of women.
Conclusion
In its history, the construction of Islamic law has been dominated by masculine and
patriarchal qualities. Therefore, most religious interpretations and opinions are dominated by
gender-biased interpretations. This masculinity of Islamic law is also prevalent in official Islam
in Indonesia. The religious perspective of the Indonesian government, which tends to be
patriarchal, often leads to injustice and neglect of women's interests. This conclusion is evident in
various regulations that have been established, such as family law and other rules. Besides
regulatory aspects, the masculinity of official Islam in Indonesia can also be found in various
government policies. Official Islam's masculinity in Indonesia has received negative responses
and criticisms from various quarters, especially feminists and gender activists.
One of the scholarly responses and reactions is presented by KUPI as the sole platform for
the academic gathering of women Islamic scholars in Indonesia. KUPI has successfully become
a center for reproducing scholarly authority among women Islamic scholars in Indonesia. This
conclusion can be observed through the increasing participation of women Islamic scholars and
gender activists who willingly join KUPI Congresses. Most KUPI participants are pesantren
women and gender activists. This influences every legal decision in its fatwas, consistently
prioritizing gender issues with a feminist approach. As a center for the reproduction of scholarly
authority among women Islamic scholars, KUPI presents new perspectives on Islamic law to the
government, which has traditionally portrayed official Islam as masculine and patriarchal. With
confidence, KUPI advises the government to change and revise the existing masculinity of official
Islam into an Islam that embodies more gender equality values and protection for women. This is
the most significant role of KUPI as a center for the reproduction of scholarly authority among
women Islamic scholars, especially in Islamic law.
Acknowledgement
It is acknowledged that the publication of this paper is funded by a collaboration between
the Indonesia Rise Scholarship (BIB) of the Ministry of Religious Affairs of the Republic of
Indonesia and the Indonesian Endowment Fund for Education (LPDP) of the Ministry of Finance
of the Republic of Indonesia.
References
Al-Jazāirī, ‘Abd Raḥmān. (2003). Kitāb al-Fiqh ‘alā al-Madhāhib al-Arba’ah. Dār al-Kutub al‘Ilmiyyah.
Al-Maqdisī, I. Q. (1997). Al-Mughnī. Dār ’Ālam al-Kutub.
Al-Qarāḍawī, Y. (1996). Al-Ijtihād fī al-Sharī’ah al-Islāmiyyah ma’a Naẓarāt Taḥlīliyah. Dār alQalm.
Al-Qarāḍawī, Y. (2001). Fī Fiqh al-Aqalliyāt al-Muslimah Ḥayat al-Muslimīn Wasaṭ alMujtama’āt al-Ukhrā. Dār al-Syurūq.
Alwani, Z. (2019). Muslim Women as Religious Scholars. CrossCurrents, 69(1), 45–58.
https://www.jstor.org/stable/26756899
Al-Zuḥaylī, W. (1997). Al-Fiqh al-Islāmī wa Adillatuhu. Dār al-Fikr al-Mu’āṣir.
Andrios, B. (2022, September 7). Menag Yaqut Dukung Helat Kongres Ulama Perempuan
Indonesia
II.
Kementerian
Agama
Republik
Indonesia.

AHKAM – Volume 24, Number 1, 2024 | 148

Revisioning Official Islam in Indonesia

https://kemenag.go.id/nasional/menag-yaqut-dukung-helat-kongres-ulama-perempuanindonesia-ii-lx6ohw
Arimbi, D. A. (2009). Reading Contemporary Indonesian Muslim Women Writers. Amsterdam
University Press.
Arkūn, M. (1986). Tārīkhiyyah al-Fikr al-‘Arābī al-Islāmī. Markaz al-Inmā’ al-Qaumī.
Barazangi, N. H. (2008). The Absence of Muslim Women in Shaping Islamic Thought:
Foundations of Muslims’ Peaceful and Just Co-existence. Journal of Law and Religion,
24(2), 403–432. JSTOR. http://www.jstor.org/stable/25654324
Blackburn, S. (2004). Women and the State in Modern Indonesia. Cambridge University Press.
Blackwood, E. (2007). Regulation of Sexuality in Indonesian Discourse: Normative Gender,
Criminal Law and Shifting Strategies of Control. Culture, Health & Sexuality, 9(3), 293–
307. JSTOR.
Brenner, S. (2011). Private Moralities in the Public Sphere: Democratization, Islam, and Gender
in Indonesia. American Anthropologist, 113(3), 478–490.
Brown, N. J. (2017). Official Islam in The Arab World: The Contest for Religious Authority.
Carnegie Endowment for International Peace.
Butt, S. (2008). Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the
Courts. The Federation Press.
El-Alami, D., & Hinchcliffe, D. (1996). Islamic Marriage and Divorce Laws of the Arab World.
Kluwer Law International.
Engineer, A. A. (2008). The Rights of Women in Islam. Sterling Publishers Privated Limited.
Esposito, J. L. (1975). Women’s Rights in Islam. Islamic Studies, 14(2), 99–114. JSTOR.
Fadl, K. A. E. (2001). Speaking in God’s Name: Islamic Law, Authority, and Women. Oneworld.
Fanani, A. (2009). Islam dalam Berbagai Pembacaan Kontemporer. Pustaka Pelajar.
Fayumi, B. (2023). Personal communication, 13 July
Hadi, S. (2014). Bias Gender dalam Konstruksi Hukum Islam di Indonesia. Palastren, 7(1), 25–
46. https://doi.org/DOI:10.21043/palastren.v7i1.997
Hatley, B. (2002). Women in Indonesia: Gender, Equity and Development. Institute of Southeast
Asian Studies.
Hidayah, N., et. al. (2024). Islamic feminism in Indonesia: The case of Fiqh an-Nisa program
P3M/Rahima. in Rahiem (ed.). Religion, Education, Science and Technology towards a
More Inclusive and Sustainable Future. Oxon and New York: Routledge. pp. 267–272.
Hidayah, N. (2023). Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and
Islamic Legal Perspectives. Samarah. 7(2), pp. 1121–1143.
Hidayah, N. (2012). 'Feminising' Islam in Contemporary Indonesia: The Role of Progressive
Muslim Women's Organisations, Ph.D Thesis, The University of Melbourne.
Jum’ah, ‘Alī. (2005). Al-Bayān li Mā Yushgil al-Adhḥān. Al-Muqaṭṭam li al-Nashr wa’l-Tauzī’.
Kloos, D., & Ismah, N. (2023). Siting Islamic feminism: The Indonesia Congress of Women
Islamic Scholars and the challenge of challenging patriarchal authority. History and
Anthropology, 34(3), 1–26. https://doi.org/10.1080/02757206.2023.2249495
Kodir, F. A. (2022). Metodologi Fatwa KUPI: Pokok-pokok Pikiran Keagamaan Kongres Ulama
Perempuan Indonesia. KUPI.
Kodir, F. A. (2023). Personal communication, 1 August.
Komisi Nasional Perempuan. (2019). Risalah Kebijakan Pelukaan Genital Perempuan: Praktik
Menyakitkan yang Dikekalkan Atas Nama Tradisi. Komnas Perempuan.
Kozma, T. (2012). Understanding Gender Mainstreaming in Modern Law Enforcement.
Connections, 11(2), 87–94. JSTOR.
KUPI. (2020, Mei 5). Hasil Kongres KUPI 1 Tahun 2017. Kongres Ulama Perempuan Indonesia.
https://kupipedia.id/index.php/Hasil_Kongres

149 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

KUPI. (2021a). Naskah Hasil Musyawarah Keagamaan Tentang Pernikahan Anak [Hasil
Kongres].
Kupipedia.
https://kupipedia.id/index.php/Naskah_Hasil_Musyawarah_Keagamaan_Tentang_Pernik
ahan_Anak#Sikap_dan_Pandangan_Keagamaan
KUPI. (2021b, Oktober 15). Visi Misi KUPI. Kongres Ulama Perempuan Indonesia.
https://kupi.or.id/visi-misi-kupi/
KUPI. (2022a). Peminggiran Perempuan dalam Menjaga NKRI dari Bahaya Kekerasan atas
Nama Agama (Hasil Kongres 04/Mk-Kupi-2/XI/2022; Hasil Musyawarah Keagamaan
Kongres Ulama Perempuan Indonesia (Kupi) Ke-2). Kongres Ulama Perempuan
Indonesia.
KUPI. (2022b). Perlindungan Perempuan dari Pemotongan dan Pelukaan Genitalia Perempuan
(P2GP) Yang Membahayakan Tanpa Alasan Medis (Hasil Kongres 08/MK-KUPI2/XI/2022; Hasil Musyawarah Keagamaan Kongres Ulama Perempuan Indonesia (Kupi)
Ke-2). Kongres Ulama Perempuan Indonesia.
KUPI. (2022c, Januari 18). Lukman Hakim Saifuddin. Kongres Ulama Perempuan Indonesia.
https://kupipedia.id/index.php/Lukman_Hakim_Saifuddin
KUPI. (2022d, Mei 5). Diskursus Hukum Islam. Kongres Ulama Perempuan Indonesia.
https://kupipedia.id/index.php/Diskursus_Hukum_Islam
KUPI. (2022e, November 8). Pengumuman Calon Peserta & Pengamat di Kongres Ulama
Perempuan Indonesia (KUPI) ke-2 di Pondok Pesantren Hasyim Asy’ari Bangsri Jepara,
Tanggal 24-26 Nopember 2022. Kongres Ulama Perempuan Indonesia.
https://kupi.or.id/peserta-lolos-seleksi-kupi2-jepara/
KUPI. (2022f, November 12). Sejarah dan Latar Belakang KUPI. Kongres Ulama Perempuan
Indonesia. https://kupi.or.id/tentang-kupi/
KUPI. (2023, Juni 12). Hasil Musyawarah Keagamaan Kongres Ulama Perempuan Indonesia
Ke-2.
Kongres
Ulama
Perempuan
Indonesia.
https://kupipedia.id/index.php/Hasil_Musyawarah_Keagamaan_Kongres_Ulama_Perem
puan_Indonesia_Ke-2
Ma’ruf, A., Wilodati, & Aryanti, T. (2021). Kongres Ulama Perempuan Indonesia dalam Wacana
Merebut Tafsir Gender Pasca Reformasi: Sebuah Tinjauan Geneologi. Musawa: Jurnal
Studi Gender dan Islam, 20(2), 127–146. https://doi.org/10.14421/musawa.2021.202.127146
Mun’im, Z. (2021). Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf AlQaradawi tentang Fiqh Al-Aqalliyat. Al-Manahij: Jurnal Kajian Hukum Islam, 15(1),
151–172. https://doi.org/10.24090/mnh.v15i1.4546.
Munitz, M. K. (1981). Contemporary Analytic Philosophy. Macmillan Publishing.
Nurlaelawati, E. (2010). Modernization, Tradition and Identity: The Kompilasi Hukum Islam and
Legal Practice in the Indonesian Religious Courts. Amsterdam University Press.
Nurlaelawati, E. (2013). Muslim Women in Indonesian Religious Courts: Reform, Strategies, and
Pronouncement of Divorce. Islamic Law and Society, 20(3), 242–271. JSTOR.
O’Shaughnessy, K. (2009). Gender, state and social power in contemporary Indonesia:
Divorce and marriage law. Routledge.
Platt, M. (2017). Marriage, Gender and Islam in Indonesia: Women Negotiating Informal
Marriage, Divorce and Desire. Routledge.
Prihatinah, T. L. (2005). Women and Income Generating Projects: The Gender Impacts of
Indonesian Government Policies [Doctoral Thesis]. Murdoch Univeristy.
Rascoff, S. J. (2012). Establishing Official Islam? The Law and Strategy of CounterRadicalization. Stanford Law Review, 64(1), 125–189.
Rinaldo, R. (2008). Envisioning the Nation: Women Activists, Religion and the Public Sphere in
Indonesia. Social Forces, 86(4), 1781–1804. JSTOR.

AHKAM – Volume 24, Number 1, 2024 | 150

Revisioning Official Islam in Indonesia

Robbins, M., & Rubin, L. (2017). The Ascendance of Official Islams. Democracy and Security,
13(4), 363–391. https://doi.org/10.1080/17419166.2017.1360184
Robinson, K. (2006). Islamic Influences on Indonesian Feminism. Social Analysis: The
International Journal of Social and Cultural Practice, 50(1), 171–177. JSTOR.
Rofiah, N. (2023, September 7). Personal Communication [Komunikasi pribadi].
Sezgin, Y., & Kunkler, M. (2014). Regulation of “Religion” and the “Religious”: The Politics of
Judicialization and Bureaucratization in India and Indonesia. Comparative Studies in
Society and History, 56(2), 448–478.
Shaltūt, M. (1995). al-Fatāwā: Dirāsatun li Mushkilāti al-Muslim al-Mu’āṣir fî Ḥayātihi alYaumiyyah wa al-‘Āmmah. Dār al-Shurūq.
Situmorang, A. (2007). Staying single in a married world: Never-married women in Yogyakarta
and Medan. Asian Population Studies, 3(3), 287–304.
Tim KUPI. (2017). Proses dan Hasil Kongres Ulama Perempuan Indonesia. Kongres Ulama
Perempuan Indonesia.
Tim Penyusun Mahkamah Agung RI. (2011). Himpunan Peraturan Perundang-undangan yang
Berkaitan dengan Kompilasi Hukum Islam dengan Pengertian dalam Pembahasannya.
Mahkamah Agung RI.
Ulfiyati, N. S. (2019). Pandangan dan Peran Tokoh Kongres Ulama Perempuan Indonesia
(KUPI) dalam Mencegah Perkawinan Anak. De Jure: Jurnal Hukum dan Syari’ah, 11(1), 23–35.
Undang-undang Republik Indonesia Nomor 1 Tahun 1974 Tentang Perkawinan (1974).
Undang-undang Republik Indonesia Normo 16 Tahun 2019 tentang Perubahan atas Undangundang Nomor 1 Tahun 1974 tentang Perkawinan (2019).
Wardah, F. (2014, Januari 29). Peraturan Menteri Kesehatan RI Soal Sunat Perempuan Telah
Dicabut. VOA Indonesia. https://www.voaindonesia.com/a/peraturan-menteri-kesehatanri-soal-sunat-perempuan-telah-dicabut/1839905.html
Wieringa, S. E. (2015). Gender Harmony and the Happy Family: Islam, Gender, and Sexuality in
Post-Reformasi Indonesia. South East Asia Research, 23(1), 27–44. JSTOR.
https://doi.org/10.5367/sear.2015.0244

151 | AHKAM – Volume 24, Number 1, 2024

Revisioning Official Islam in Indonesia

AHKAM – Volume 24, Number 1, 2024 | 152