Islamic Law, Disability, and Women in Indonesia: The Cases of Nahdlatul Ulama and Muhammadiyah

Abstract

The awareness to fulfill the rights of people with disabilities (PWDs) in Indonesia has increased significantly recently. To address concerns regarding the rights of individuals with disabilities, Indonesia’s two most prominent Islamic organizations (Nahdlatul Ulama and Muhammadiyah) have released fatwas on Islam and disabilities. NU published Fiqih Penguatan Penyandang Disabilitas, while Muhammadiyah prepared its Fikih Difabel. Previous studies have neglected a critical area of intersection between Islamic law, women, and disability issues. This article explores the contribution of women with disabilities in formulating these fatwas and how they tackle problems relevant to women with disabilities. Based on textual analysis of those fatwa and field research, the paper argues that although women with disabilities have been involved in the drafting, their participation has been limited. Only a few were engaged in making NU’s Fiqih Penguatan Penyandang Disabilitas; only limited types of disabilities were involved in Muhammadiyah’s Fikih Difabel. As a result, this study found that the fatwas on the issues related to women with disabilities are comparatively less extensive. They leave room for developing a more women-friendly Fikih Difabel in the future.

Keywords:

• fatwa making
• Indonesia
• Islamic law
• Majelis Tarjih Muhammadiyah
• Nahdlatul Ulama
• women with disabilities

Disclosure statement

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

Notes

1 Interview with Asrori S. Karni, Wakil Sekretaris Jenderal (deputy to general secretary of MUI), 25 January 2021.

2 Interview with Muhammad Adib, author of Kritik Nalar Fikih NU, a book version of his doctoral thesis on Bahtsul Masail NU, 28 August 2021.

3 I attended Munas in November 2017 and observed the discussions of most sessions, particularly the session when FPPD was presented by the drafting team.

4 Interview with Presti Murni, 28 August 2021.

5 Interview with Purwanti, 27 August 2021.

6 Interview with Purwanti, 27 August 2021. See also M. Syafi’ie (2015, p. 164).