Reinterpreting Fiqh in a Plural Indonesia
Ahmad Tholabi Kharlie
(Professor at UIN Syarif Hidayatullah Jakarta,
Member of the Higher Education Council, Ministry of Education, Culture, Research, and Technology of Indonesia)
Indonesia was born out of diversity. Various ethnic groups, religions, cultures, languages, and local traditions meet and shape a shared life. In everyday society, diversity grows as a reality that colors the nation’s journey.
In an increasingly plural society, the question of how religious teachings interpret diversity becomes more relevant. In the Islamic tradition, fiqh has for centuries served as a guide for the life of the community, covering both religious practices and social order. Therefore, discussing the relationship between fiqh and diversity is an important part of social dynamics.
This is where the idea of fiqh of diversity introduced by Nasaruddin Umar (Kompas, March 13, 2026) becomes interesting to discuss. This concept offers a perspective that places religious norms and social dynamics within a single, interconnected framework.
In reality, some people feel a gap between fiqh concepts studied in classical texts (turats) and modern life. Many fiqh concepts were formulated within specific historical social and political contexts, where societal structures, power relations, and ways of life were very different from today.
Fiqh and Modernity
Conventional fiqh is generally normative, textual, and deductive. It starts from authoritative texts that are then developed into legal rules. Historically, this approach has been effective in maintaining the consistency of religious teachings.
However, modern society operates differently. Social life is increasingly rational, dynamic, and contextual. Changes happen rapidly, and people are more accustomed to inductive and empirical approaches.
When these two logics do not meet, tension arises. Some people feel that religion is becoming distant from everyday life. In certain cases, individuals even feel alienated from their own religious traditions.
If this continues, religion risks losing its social function as a source of peace and moral inspiration. Teachings that should bring harmony may instead be perceived as burdens.
In this situation, renewing fiqh thinking becomes necessary. However, it must be emphasized that renewing fiqh is not the same as changing sharia. Sharia as the core principle of Islam remains fixed, while fiqh is a human interpretation (ijtihad) that is always open to reinterpretation over time.
This view aligns with modern Islamic legal reformers such as Sheikh Yusuf al-Qaradawi in Fiqh al-Awlawiyyat (1995), who emphasized the importance of understanding priorities and context in formulating Islamic law. According to him, fiqh cannot be separated from the social reality where it is applied.
Therefore, the idea of fiqh of diversity is actually rooted in the long-standing tradition of ijtihad in Islamic scholarship. It is an effort to reinterpret religious teachings within an evolving society.
At its core, the fiqh of diversity is based on the principle of equal citizenship. In a modern society like Indonesia, every citizen has equal rights to live safely and with dignity, without discrimination based on religion, ethnicity, race, or cultural background.
From this perspective, fiqh becomes not only a legal guide but also a source of social ethics that fosters peaceful coexistence.
Fiqh as a Shared Ethical Framework
Within Islamic tradition, mechanisms for renewing legal thought have long existed. Scholarly forums such as bahtsul masa’il in Nahdlatul Ulama or tarjih in Muhammadiyah show that Islamic law has always been open to dialogue with social realities.
The experience of Islam in the Indonesian archipelago also shows that flexibility in interpreting Islamic law has been a key factor in its peaceful development within a diverse society.
A similar idea was expressed by Fazlur Rahman (1982), who argued that Islamic law must be understood through both historical and moral approaches. According to him, Islam carries universal ethical principles that must continually be reinterpreted to remain relevant.
Historically, plural coexistence in Islam dates back to the time of Prophet Muhammad through the Medina Charter in 622 CE. This document regulated life among Muslims, Jewish communities, and various tribes in Medina as a unified political community that protected one another. It is often seen as an early model of plural living in Islamic tradition.
Therefore, developing fiqh of diversity does not need to start from zero. Many ideas and practices already point in that direction, even if they have not yet been formally conceptualized.
What is needed now is a more systematic effort to develop this framework. This work cannot be done by a single group. It requires collaboration between scholars, academics, and Islamic higher education institutions.
Islamic universities such as UIN, IAIN, STAIN, Ma’had Aly, and other institutions have a strategic role in developing more contextual fiqh studies. With their support, fiqh of diversity can be developed scientifically and sustainably.
At the same time, the state also plays an important role in facilitating this process. Policy support and inclusive religious development programs can strengthen the concept of fiqh diversity as part of national religious life.
If carried out consistently, fiqh of diversity can become an important contribution of Indonesian Islam to the world—showing that religious teachings can provide an ethical foundation for strengthening plural societies.
This article was published in Media Indonesia on Wednesday, March 18, 2026.