A theological approach to the construction of houses of worship in Indonesia

Abstract

This study aims to explain the theological factor as the root of religious conflict in the construction of houses of worship. Many religious conflicts are studied from political, legal, or social factors but less elaborated theological dimension as a fundamental factor. The rejection of houses of worship is not only done by people of different religions but also by the internal religious community itself. One of the reasons for rejection is the theological dimension, namely religious views. This research uses a qualitative approach and data collection through interviews and literature studies. Important findings show there is no single factor in the conflict of building houses of worship. The rejection of houses of worship is usually motivated by complex issues, and one of them is a theological factor. Islamic jurists have different theological views; some are accommodative and moderate, and some are intolerant of the construction of houses of worship of other religions. This difference is due to the perspective of religious text and social context in determining Islamic law. The view of textualist theology encourages a less accommodating and even intolerant attitude toward the construction of other religions, even though administratively and state law is legal. On the other hand, the theological view of Islam also encourages the spirit of inclusivism, and even normatively, Muslims are commanded to respect places of worship of other religious groups.

IMPACT STATEMENT

Religious conflicts that often occur in the community, especially related to the construction of houses of worship, need to get the right resolution. The results of this study will contribute knowledge in the approach to religious conflict resolution, especially the construction of houses of worship. One of the approaches proposed is a theological approach, in which the community and policymakers in Indonesia need to understand and appreciate the differences of each religion recognized by the state. Theological approach through religious leaders and negotiations through dialogue between the community and those who build houses of worship become important in resolving this conflict. This theological approach is complementary to other conflict resolution approaches, such as legal, social, and cultural.

Keywords:

• House of worship conflict
• mosque building
• church refusal
• theological approach

REVIEWING EDITOR:

• Thanh Ngo, Vietnam

Subjects:

• Anthropology - Soc sci
• Sociology & Social Policy
• Religion

1. Introduction

In Indonesia, a country that upholds the values of tolerance, pluralism, and peace, cases of intolerance and discrimination in inter-religious life still occur today. One of the cases is the conflict over the establishment of houses of worship. Research data conducted (Ajiyastuti, 2018; Burhanuddin et al., 2019; Halim & Mubarak, 2021) shows that conflicts over the establishment of houses of worship still occurred in the last 14 years, from 2007 to 2021. According to Jubba et al. (2020), the opening of space for freedom and openness to reform, apart from having a positive impact on interfaith relations, has also become a space for truth claims for religious groups.

Community groups that often compete in the issue of establishing houses of worship are Muslim and Christian communities, but intolerance also occurs in other religious groups in Indonesia. Religious disturbances in Indonesia from 2007 to 2018, as explained by Setara Institute data as cited (Wijaya, 2019), there were 199 cases of refusal to establish churches, 133 cases of refusal to establish mosques, and 15 cases of refusal to establish Viharas. The results of research by the Research and Development and Training Agency of the Ministry of Religious Affairs of the Republic of Indonesia on the issue of the establishment of churches and mosques in Indonesia occurred in several regions, such as the case of church rejection in Rajabasa Jaya Bandar Lampung 2023, church rejection in Purwakarta 2023, church rejection in Tanjung Balai and Pelalawan Riau 2020 and 2023, the church in Cilegon 2022, HKBP Payung Sekaki Church Pekanbaru Riau 2020, GPdI Efata in Indra Giri Hilir Riau 2019, Bethel Indonesia Church (GBI) Diaspora Riau 2018, and Santa Klara Church Bekasi City 2017.

In addition to the rejection of the church, several Muslim houses of worship also experienced rejection, both by fellow Muslims and from groups of different religions. Cases of mosque rejection in Indonesia occurred in Tomohon, North Sulawesi 2023, mosque in Bireun Aceh 2022, mosque in North Bogor 2022, mosque in Cijeruk Bogor 2022, mosque in Batang Central Java 2021, mosque in Rowosari, Kendal Central Java 2021, mosque in Meruya West Jakarta 2021, mosque in Tumaluntung North Minahasa 2020, mosque in Kinibalu Samarinda East Kalimantan 2018, mosque in East Tombatu, Southeast Minahasa 2016, and Rahmatan Lil Alamin mosque in South Manokwari District, Manokwari, West Papua 2016 (Wahab, 2020).

In addition to Indonesia, in the global context, conflicts over the construction of houses of worship can often result in horizontal conflicts between religious communities and can even lead to open warfare. This is what happened to Boko Haram in Nigeria (Agbiboa, 2013). The socio-political case in this country has killed around 3500 people since 2009. Social conflicts in the country damage not only public facilities, such as police stations, military stations, and schools, but also church bombings. Similar cases also occurred in Italy, where political efforts were used to thwart and oppose the construction of churches (Halevi, 2010; Morpurgo, 2021). Similarly, cases of conflict-related to mosque construction have also occurred in Europe (Cesari, 2005; Maussen, 2007).

This research tries to explore how the problematic establishment of houses of worship in Indonesia from the perspective of Islamic theology. This research aims to find out the reasons behind the community’s rejection of the construction of houses of worship, especially churches, mosques, and monasteries, especially related to the assumptions of theological rejection. This research is based on the following arguments: First, based on the results of a study by a research institute, the rejection of the establishment of houses of worship is the most common cause of religious conflict in Indonesia. Second, although several other factors are used as reasons for the community to reject the establishment of houses of worship, theological reasons become the main reason for rejection. Third, the conflict over the establishment of houses of worship is a social conflict with religious nuances, so its resolution can be studied from a theological perspective (Dowson, 2021; Lauterbach & Vähäkangas, 2020).

The study of the problem of establishing houses of worship with a theological approach is important because religious values can influence the outlook, attitudes, and behavior of its adherents (Hope & Jones, 2014; Khalikin et al., 2023; Saehu & Muchtar, 2023). The values and norms contained in religion are often the factors that provide legitimacy for people to perform various social actions (Habermas, 2016; Wiechnik, 2013). With this argument, it is very natural that the theological approach is the best and most appropriate approach to overcoming religious conflict.

This article tries to overcome the shortcomings in the literature in cases of the establishment of houses of worship that are generally based on the Joint Ministerial Regulation (PBM), namely the Minister of Religion and the Minister of Home Affairs Number 9 of 2006 and Number 8 of 2006 concerning the establishment of houses of worship. This paper departs from the assumption that, first, although the state has been present to bridge the problem of the establishment of houses of worship through the Joint Regulation of Three Ministers, there are still many cases of intolerance of the establishment of houses of worship in various regions. Second, massive socialization in the grassroots community related to the establishment of houses of worship has yet to be done, especially in the theological aspect.

2. Literature review

2.1. Theological approach, construction concept, and house of worship

The theological approach is used in the study of religion to see the relationship between the actions of religious believers and their religious doctrines (Sarki, & Kwanneri, 2023). As for theology in terms can be understood from Webster’s Dictionary, which states: Theology is the study of religion, culminating in the synthesis of philosophy of religion. A body of doctrines concerning God, including his attributes and relations with man, especially such a body of doctrines as set forth by a particular church or religious group (The New International Webster’s Comprehensive Dictionary Of The English Language, 2003, p. 1302). Theology is a science that discusses everything related to God, the relationship between God and humans, the nature and power of God and human relationships based on human norms and values contained in religious doctrine (Rahma & Assagaf, 2022). Theology has a very important role in efforts to shape human mindsets, which will have implications for a person’s religious behavior (Devi & Andrean, 2021). Basically, theology is a reflection of faith, while faith itself is a human response to God’s offer for the salvation of all humanity. Therefore, theology cannot be separated from issues of culture, politics (Meko et al., 2023) and social life.

In building human relations with the reality of life, God, through the scriptures, only provides basic rules and outlines. It is a man who is in charge of translating, interpreting, and interpreting so that what God has given is in accordance with his life (Arifin, 2014). Differences in the concept of belief (theology) of each religion are sensitive because the most basic belief of religious people is the concept of theology. Internal and external clashes that often occur between religious communities are mostly triggered by theological issues. In the concept of religious tolerance, the most important thing is to prioritize social interests, not beliefs. Because it is clear that the theological concepts are different and will never meet (Saragi, 2017), in this case, the theological approach seeks to capture social reality in the context of issues surrounding the establishment of houses of worship through the community’s point of view that is sourced from their religious beliefs.

The concept of establishment (house of worship) in this research is intended as a permanent building construction intended for groups of religious adherents to worship. As a building, this construction is no different from the construction of other buildings, as regulated in the Law of the Republic of Indonesia Number 28 of 2002 concerning building. It states that building functions include residential, religious, business, social and cultural functions, as well as special functions. Houses of worship in the form of mosques, churches, temples, monasteries, and temples are explicitly mentioned as buildings whose construction must comply with the law (Article 5, paragraph 3). Article 7 (paragraphs 1 and 2) states that every building must fulfill administrative requirements and technical requirements in accordance with the function of the building. Administrative requirements of building buildings, as referred to in paragraph (1), include requirements for land rights status, building ownership status, and Building Construction Permit (IMB). Meanwhile, one of the technical requirements of the building is harmony and balance with local socio-cultural values (Article 14 paragraph 1) (see Law of the Republic of Indonesia Number 28 of 2002 on Building).

The technical requirement to maintain balance with local socio-cultural values can be interpreted that the construction of houses of worship must still pay attention to and maintain religious harmony. Therefore, the construction of houses of worship requires additional requirements in the form of recommendations from the Religious Harmony Forum and the local Regency/City Office of the Ministry of Religious Affairs (see PBM No.9 and No.8 of 2006). The recommendation is issued after the construction committee completes the requirements for proof of support from the users of the house of worship and the surrounding community. In addition to ensuring the balance of social values, it is also intended that the "comfort" of the community around the house of worship is not disturbed (Ismardi, 2011). Although this regulation is not in accordance with the principles of human rights, especially freedom of worship, it is hoped that this regulation can help the very pluralistic Indonesian people to carry out their worship properly (Gultom, 2006). his is based on the fact that the presence of a house of worship, in some cases, often disrupts inter-religious relations or even triggers horizontal conflict because it is located in the middle of a community that mostly adheres to other religions (Wahab et al., 2020).

Houses of worship in this study are intended as buildings that have certain characteristics specifically used for worship for adherents of each religion permanently, not including family worship houses (PBM No.9 and No.8 of 2006). Meanwhile, the religions referred to in this regulation are the religions embraced by the population in Indonesia, namely Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism (Presidential Decree of the Republic of Indonesia Number 1/Pnps of 1965 concerning Prevention of Abuse and/or Blasphemy of Religion). These religions have houses of worship with their respective names, namely the Mosque for Islam, the Church for Christianity and Catholicism, the Temple for Hinduism, the Vihara for Buddhism, and Klenteng for Khonghucu. These houses of worship for all religions are regulated by the Joint Regulation on the procedures for their establishment, with the exception of family houses of worship such as mashallah/langgar/surau/Menasha in Islam, chapel/house of prayer in Christianity and Catholicism, sanggah/mrajan/panti/palbon in Hinduism, cetya in Buddhism, and Siang Hwee/co Bio/Kong Bio/Kong Tek Su in Khonghucu (Q&A Book of the Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs Number: 9 and Number: 8 of 2006). The regulations also distinguish between permanent houses of worship and temporary houses of worship. Religious groups in a region can use a building (not a house of worship) as a temporary house of worship by obtaining a Certificate of Granting Temporary Building Utilisation Permit from the Regent/Mayor/Governor of DKI Jakarta.

Specifically for Islam, what is categorized as a mosque is a building where Muslims worship, which is used for rawatib prayers (five times) and Friday prayers. At the same time, Mushalla and other names are places or rooms used for rawatib prayers located in certain places such as offices, markets, stations and educational places that are smaller in size than mosque buildings. The mosque also has a typology based on structure, sectoral, territorial and history, namely the State Mosque, National Mosque, Great Mosque, Great Mosque, Jami Mosque, Historic Mosque, and Mosque in Public Places (Ali, 2015). Typology is closely related to the function and form of the building. While the form is actually very affected by changes in function, so if the function does not change too much, as is the case with mosque buildings, the tendency to have the same shape character will continue to repeat over a long period, in line with the concept of form following function from modernist architect Louis Sullivan (Suharjanto, 2013).

Although mentioned as a house of worship, the function of the mosque is not only to perform religious rituals but also other community needs. The concept of the mosque, both as a place of communal gathering and prostration, developed in Islam not only because of the need for religious rituals but also the social needs of the community, clearly shows how the mosque and the community are interconnected so that daily activities, which are largely secular, center on no other institution than the mosque (Asif et al., 2021). In fact, for people, the ideal place to live is a neighborhood close to a mosque. In religiously plural communities, houses of worship can serve as a vehicle for delivering messages of moderation, de-stigmatizing others, and countering radicalism among youth (Sözeri et al., 2022). Business like functions integrated with mosques are growing (Kepenek et al., 2022).

3. Method

This research is qualitative in nature, relying on field research and non-field research (Creswell & Poth, 2016; Sevilla, 1993). This research is conducted to obtain comprehensive and in-depth data (Clark, 2006; Denzin & Dan Lincoln, 1994; Merriam & Grenier, 2019; Pandin & Yanto, 2023), especially on the issue of refusal to build houses of worship in Bireun Regency, Nangro Aceh Darussalam. The information is only available to certain people, so for this purpose, referring to Creswell (2014, p. 135), this research uses the case study method. The data used in the article is a combination of data from the field (field research) and desk research (Creswell & Poth, 2016; Sevilla, 1993), which is sourced from secondary data in the form of scientific journals, books, dissertations, and research reports (desk research). Secondary data from desk research was taken from publications by the following authors, namely Reslawati et al. (2022), Wakhid Sugiharto (Reslawati et al., 2022), Mustolehudin (2016), Rabitha (2014) and Abdul Jamil Wahab et al. (2020).

Field data collection conducted in May 2023 includes primary data from in-depth interviews and field observations and secondary data sourced from photo documents, videos, and archives of hard and soft copies of the licensing process for the establishment of houses of worship in Bireun Regency. In-depth interviews were conducted with key informants who really knew the details of this problem. The author names the informants. They are GOM, the committee of Taqwa Mosque Construction in Samalanga, Bireun; 2) AAK, an employee of the Ministry of Religious Affairs Office in Bireun Regency; 3) ZBI, chairman of the Religious Harmony Forum of Bireun Regency. 4) ISK, Head of the Islamic Guidance Section of the Ministry of Religious Affairs of Bireun Regency.

Field data analysis was conducted using the model developed by Huberman and Miles (Creswell, 2014), which includes the process of writing reflective notes in field notes, summarising field notes, creating metaphors, writing codes/memos, noting patterns and themes, summing the frequency of codes, noting relationships between variables and compiling logical chains of evidence, and compiling comparisons and finding contrasts. The validity test of field data followed scientists (Creswell, 2014), namely by comparing data from interviews between informants and/or with data from document studies and observations (data triangulation).

4. Results

4.1. Rejection of chruch building

The 1945 Constitution Article 29 paragraph (2) guarantees the right of each resident to have a religion and worship according to their religion. On that basis, the rejection of the establishment of houses of worship by the community is an act that violates the 1945 Constitution. The right to establish a house of worship is implicitly contained in the 1945 Constitution and technically has been regulated in PBM Year 2006. In the PBM, the procedure for applying for a permit to establish a house of worship has been regulated in detail, including the requirements of the number of worshipers who will become users of houses of worship (90 people), the number of parties who must provide support from the surrounding community of different religions (60 people), and there must be recommendations from related parties (FKUB and the Office of the Ministry of Religious Affairs City/Regency).

One of the reasons for community rejection is the existence of religious (theological) beliefs. The results of several studies explicitly mention theological reasons as the basis for the community to refuse permission to build a church. For example, In the case of the rejection of the church in Rajabasa Jaya Bandar Lampung in 2023, informant AS (20 years old) rejected the church permit. AS stated, "God does not approve of the Christian religion, if we agree to the establishment of another religion’s worship, it means that we are also happy with that religion, even though God does not approve of it" (interview dated 2023 in Bandar Lampung).

Abdus Somad, a well-known preacher in Indonesia, once said in his lecture that officials who give permission for non-Muslim places of worship will receive a jariah sin. From Abdus Somad’s statement in his lecture, which went viral on social media, it can be understood that there is still an opinion among Islamic leaders that approving the establishment of a church is considered a sin (Syafus, 2021).

Reslawati’s study on community rejection of the construction of St Faustina Kowalska Catholic Church in Tajur Halang, Bogor Regency. The reason for the community, as expressed by the head of RW 12, where the church is located, is that if allowed to stand, the presence of the church can disturb the faith of most Muslim residents (Reslawati et al., 2022). Meanwhile, Wakhid Sugiharto’s study of the rejection of St Petrus Church in Kutajaya Pasar Kemis Tangerang Banten states, quoting the statement of an influential figure in rejecting the church, namely Madroping alias Openg, the reason for the rejection is to fortify the religion of the Muslim community from apostasy (Reslawati et al., 2022).

4.2. Refusal to build a mosque

The house of worship whose establishment permit is often questioned is the mosque. The community’s rejection of the establishment of the mosque is generally theological. However, in some cases, after dialogue, other reasons appear, which are then included as approval but conditions, for example, in the case of the permit for the establishment of the Baiturrahman Mosque in Sokanegara Village, East Purwokerto District, Banyumas Regency. At the time of the research, the mosque had already received support from local residents and a recommendation letter from the local Ministry of Religious Affairs. However, the mosque has not yet received a recommendation letter from the FKUB of Banyumas Regency. The permit for establishing the Baiturrahman mosque went through a long process in its establishment. The process involved the committee socializing the mosque to the community, which several religious leaders and local residents attended, both Muslim and non-Muslim residents. Furthermore, the committee asked for approval from neighbors around the Baiturrahman mosque. The acceptance of establishing the Baiturrahman mosque by the surrounding community, especially the non-Muslim community, comes with several requirements, including a note that loudspeakers are not directed towards the north, the place for nuns. When this research was conducted, there was no agreement from the relevant parties, so it had yet to receive a recommendation from the local FKUB (Mustolehudin, 2016).

The rejection of the establishment of a Muslim house of worship (mushola) also occurred in Tumaluntung Village, Minahasa, North Sulawesi, in January 2020. The establishment of the mushalla was rejected by local residents. In the banner posted on the mushalla fence, it was written that the community rejected the establishment of the mushalla, including that the population around the mushalla location was 95 percent non-Muslim (Nirmala, 2020). The statement illustrates a theological reason that the location is 95 percent non-Muslim, so there should be no houses of worship of other religions.

Cases of community rejection of mosque buildings, not only from non-Muslim religions but also from Muslims themselves. As mentioned earlier, this study will focus on theological issues within Muslims, so what will be discussed is not from non-Muslims but the theological arguments put forward by Muslims.

In 2022, there was a rejection by fellow Muslims for the establishment of several mosques, including the Taqwa Mosque in Samalanga, Bireun Aceh (2022), the Imam Ibn Hambal (MIAH) mosque in North Bogor (2022), and the al-Ikhlas Mosque in Babakan Lenggis, Cijeruk Bogor (2022). There are many reasons behind the rejection of the establishment of these mosques by fellow Muslim communities, one of which is theological, namely the existence of a fiqh understanding that states that there cannot be two mosques in one residential area. The prohibition is associated with the impermissibility of organizing two Jummats in the same neighborhood.

The Taqwa Mosque in Samalanga, Bireun Aceh, is one of the mosques whose construction process has been hampered by the rejection of the local residents. The reasons for the refusal include the fact that there is already a large mosque in Samalanga, which is still not full. The congregation of the existing mosque consists of four villages only. If there is another new mosque, there will be a void in the mosque. In addition, the committee for constructing the new mosque did not request permission or talk to local leaders or the community (Interview with Geucik Omardhani, May 2023).

According to the religious leaders there, the presence of two mosques in a certain area in fiqh is not justified (rejected) because it must be Taslim Masjid. Only one mosque is allowed. However, in the case of Masjid at-Taqwa, it is not only a matter of Taslim Masjid, but the mosque’s founders did not want permission or discussion with the neighborhood first. In the neighborhood, many Abu (religious leaders) are close to/followed by the community. Many of Abu’s contributions include teaching religion, helping with community marriages, and others (Interview with an Official at the Ministry of Religious Affairs, Bireun Aceh, May 2023). Another thing that caused rejection was that the mosque construction committee was considered to have spoken a lot in the media, especially on social media. It made religious leaders increasingly reject the construction of the mosque (Interview with Zubaili, May 2023).

Actually, the licensing aspect is not needed in the construction of mosques in Aceh Province because, in Aceh Province, a local regulation on houses of worship has been issued that annuls the requirements for the establishment of houses of worship in the PBM (not applicable to the establishment of mosques) (Interview with Iskandar, May 2023). It may seem easy, but it can make it difficult because there is no footing or legal basis for the establishment of mosques.

4.3. Rejection of vihara construction

The presence of a new monastery is often met with resistance from the surrounding community. One of the cases is the Prajna Maitreya Monastery on Ahmad Yani Street, Sokanegara Village, East Purwokerto District, Banyumas Regency, in 2011, reaping pros and cons. Some people approved the establishment of the Buddhist house of worship, but others rejected the existence of the monastery, which was previously a shop and then turned into a monastery. The rejection of the monastery’s existence is because the community feels a threat from minority adherents. The conversion of a shophouse into a monastery is interpreted as a form of competition between religious communities. With the monastery’s presence in their area, it is feared that there will be a shift in ideology.

Several attempts at dialogue were made but ended with a decision that prevented the monastery from building a house of worship as they wanted. The results of the dialogue concluded that permission was granted on the condition that the monastery did not change the shape of the shop building and that incense sticks and sounds that disturbed the surrounding environment were not allowed. The result of the dialogue is absurd because, in Buddhist belief, the removal of spiritual symbols can reduce the meaning of their religion. In the procedure of ritual or worship, the infrastructure needed is incense/hio/wood rakes, flowers/puspe/puspa, aloke/lighting/candles/lamps, argha/water, fresh fruit, tea water, bhojana/navidya/nourishing food, ratna/mustika, pearls, and clothes. These implements are spiritual symbols of the Buddha.

Rejection by the community also occurred against the construction of the Tri Dharma Monastery in Kedamaian Village, Kedamaian Subdistrict, Bandar Lampung City. Efforts to reject the establishment of the Tri Dharma Monastery occurred in June 2007 until the issuance of recommendations from the Bandar Lampung city government in July 2008. The issuance of the intergovernmental recommendation letter only took approximately a month. The time since the rejection by the community compared to the administration issued by the local government is far apart. It seems that the cultural adjustment took much longer than the structural issue (issuing the recommendation letter). However, not long after, in early January 2010, another rejection took place. This rejection happened because of assertiveness, where individuals who were initially not open expressed their aspirations straightforwardly and honestly. It is an individual issue that then spreads into a group issue. In the monastery conflict, the conflict was handled structurally and culturally. Structurally, it is clearly seen in the organization of the parties involved in conflict resolution. Moreover, culturally, it can be seen in the facilitative efforts of the parties involved through deliberation (musyarawah) in conflict resolution (Rabitha, 2014).

The rejection of the Prajna Maitreya monastery in Banyumas Regency and the Tri Dharma monastery in Bandar Lampung City above are generally dominated by competition between religions and other cultural backgrounds. The presence of houses of worship of other religions is considered a threat from other groups to the religion the majority of the population adheres to. For this reason, several meetings and dialogues were held to reduce resistance and prejudice over the monastery’s presence. Other theological and cultural reasons require a longer time to resolve than just administrative licensing issues following PBM Number 9 of 2006 and Number 8 of 2006 that the government has set.

5. Discussion

The study of Ujianto et al. (2023) states Indonesia, with a plural society, is interested in guaranteeing every religious adherent’s independence. Therefore, various regulations are enacted to reduce conflicts that often occur, including matters relating to establishing places of worship. This study found that the intervention of the Indonesian state in the establishment of houses of worship through a joint regulation made by two ministries, namely the Minister of Home Affairs and the Minister of Religion, regarding the establishment of places of worship Numbers 8 and 9 of 2006 is essential. However, the government must disseminate the regulations for licensing the construction of houses of worship to all religious communities in Indonesia and be firm in implementing these laws and regulations to minimize conflicts caused by religion (Ujianto et al., 2023).

Different research findings were presented by Ruslan et al. (2022), the PBM aims to advocate for establishing places of worship but instead becomes a legitimate tool to limit religious freedom, bureaucratic policies that tend to be discriminatory, and local religious leaders. Its are not involved in such policies can potentially lead to the dualism of authority, unclear policies can lead to multiple interpretations, and in the perspective of human rights, these policies ignore human rights. Therefore, the government can concretely revise PBM Numbers 9 and 8 of 2009 or issue laws that are far more accommodating to freedom of religion by the mandate of the Constitution (Ruslan et al., 2022).

The government regulation has actually accommodated the establishment of houses of worship in Indonesia. Meanwhile, Islam considers that this issue has come out of the message of mercy because religion (Islam) must be based on voluntariness, not by coercion, intimidation, and threats. The opinion, as expressed by Imam al-Qaffal al-Kabir (291-365 H./904-976 AD) and Imam Fakhruddin Ar-Razi (455-606 H./1150-1210 AD), says that Allah SWT does not base one’s faith based on pressure and coercion. Therefore, Islam assesses the construction of houses of worship does not need to be questioned, as long as based on need (hajjah). It has been to the regulations and decisions that the government has set (Afandi et al., 2022).

The description shows that there are still pros and cons over PBM Number 9 and 8 of 2006, and each has its arguments. In fact, the presence of these regulations cannot erase the problem of establishing houses of worship. Until now, the establishment of houses of worship is still one of the most frequent conflicts in the religious life of Indonesian society, which shows that the PBM is not the only norm that should be a guide for the community; rather, religious norms (theology) also need to be the basis of consideration in addressing the establishment of houses of worship. As is known, in the context of Indonesian society, the values and norms contained in religion often become a factor that gives legitimacy to the community to perform various social actions. The theological approach is not alternative but complementary and becomes a mutually reinforcing unity of values.

5.1. Ulama’s views on church buildings and houses of worship of other religions

In Islamic literature and the history of the development of Islam, the opinions of Islamic jurists regarding the establishment of houses of worship of other religions are different. There are opinions from the most accommodating to opinions that tend to be intolerant. Opinions that tend to be intolerant, for example, Alawi bin Abdul Qadir as-Saqqaf, stated, based on the sahih hadiths, that allowing other religions to compete with Islam in the Arabian Peninsula is forbidden. Based on that, building places of worship for non-Muslims, such as churches and others, is forbidden. Among these hadiths is the hadith of ‘Aa’ishah: "There should not be two religions in the Arabian Peninsula." Imam Ahmad and others narrated this hadith, and it has been considered sahih by many Hadith scholars. As-Saqqaf also stated: "The scholars unanimously agreed that it is forbidden to have a place of worship belonging to a disbeliever, such as a church, in the middle of a Muslim country because it is not permissible for two qiblahs (houses of worship of different religions) to meet in one Muslim country. It is also not permissible in that Muslim country to have anything that shows the propagation of the disbelievers or churches and others. The scholars agreed that destroying churches and other places of worship of disbelievers is obligatory if they occur in a Muslim country. In fact, the scholars are unanimous that if the construction is done in the Arabian Peninsula, the sin is greater (As-Saqqaf, 2016).

In addition to quoting the above Hadith, As-Saqqaf also quoted the opinion of Imam Muhammad bin Hasan, a friend of Imam Abu Hanifah, who stated, "There should not be in Arab lands churches, synagogues and fire worship" (Al-Ashbahi, 1994). As-Saqqaf As-Saqqaf also quoted the opinion of Imam Shafi’i, who stated, "There should not be in the land of the Muslims a church, nor should there be a place for the gathering of disbelievers for worship" (As-Syafi’i, 2001). As-Saqqaf also quoted Imam Ahmad, who stated, "It is not permissible for Jews and Christians to build synagogues and churches in Muslim-controlled areas (Jauziyyah, 1997).”

Whether or not it is permissible to build a non-Muslim house of worship in Islamic literature, there are several different legal opinions due to different conditions. Ibn Qayyim al-Jauziyyah divided the territory occupied by Muslims into three clusters: cities built by Muslims, cities conquered by Muslims by war, and cities conquered by Muslims peacefully. If a city is built by Muslims or conquered by war, then the dhimmis (non-Muslims living in the territory of a Muslim country) cannot build new houses of worship, but if a peace treaty conquers a city, then the ahlu ‘ahdi (non-Muslims under protection) can build churches and synagogues (Jauziyyah, 1997).

The Hanafi faction believes that establishing churches (Nasroni houses of worship) and synagogues (Jewish houses of worship) in Muslim areas is prohibited, except for rehabilitating or repairing damaged buildings. Regarding the construction of new houses of worship, new churches and synagogues may be established in the countryside outside the cities (Jauziyyah, 1997), as is why it is not allowed in cities because cities are places of religious propagation.

The Maliki school believes that if non-Muslims are in a land that the Muslims have built or in a land that the Muslims have conquered by war, then the church cannot be established. However, if they are conquered peacefully, the church may be established, and they may establish a new church. The Hambalis, on the other hand, believe that it is not permissible to build new churches and synagogues or to demolish damaged buildings. The Shafi’i group’s opinion matches the Maliki group’s above (Jauziyyah, 1997).

If examined carefully, the opinion of the scholars is more due to the background of the existing social context, namely, first, the condition of the early development of Islam, which was colored by many conflicts and wars, so that those who lost the war became prisoners and their property became ghonimah (spoils of war). Second, the locus context, namely the territory (state) of Islam, especially the two holy cities of Makkah and Madinah, based on an al-Hadith, does not allow non-Muslims.

In determining Islamic law, context greatly influences the birth of a legal determination. For example, Imam Syafi’i has two different fiqh rulings: qaul qadim (old opinion) when he was in Baghdad and qaul jadid (new opinion) when he moved to Egypt. The construction of churches in Indonesia cannot be equated with the law in the Holy Land, the Arabian peninsula, or Islamic countries because the context is different. The results of the National Conference of Nahdlatul Ulama in Banjar in 2019 stipulated that non-Muslims in Indonesia have the status of equal citizens. It is in line with what the Prophet Muhammad had done by making the Medina Charter to unite the residents of Medina. The Medina Charter affirms that all residents of Medina are one sovereign nation without discrimination (Abdullah, 2018; Dhestiana, 2018). Thus, non-Muslims in Indonesia do not have the status of kafir dhimmy or kafir ahlu ‘ahdy, so they have the same rights and obligations as Muslims, including the right to build houses of worship and other basic rights.

This opinion is a moderate attitude on the issue of the establishment of houses of worship in the context of the Indonesian state. One of the characteristics of religious moderation is that to be fair, every religious adherent must want to have and want the establishment of houses of worship. The establishment of houses of worship is the need of religious people to be able to carry out worship. By permitting the establishment of houses of worship for other religious groups, Muslims have shown a fair attitude and do not discriminate against other religious groups (Prothero, 2022).

For this reason, in the history of Islam, there are several practices where the Islamic government at one time took over the church or did not allow it, and at another time gave permission for the establishment of churches; for example, Coptic churches were allowed to be established in the capital city of Cairo. In addition to establishing the church in Cairo, in Islamic history, there are many historical records written by Christians and Muslims about establishing new churches. These churches include: a) during the reign of Abdul Malik (685-705), a magnificent church was built in Edessa; b) still during the reign of Abdul Malik, a church was also built in Halwan; c) during the reign of al-Walid (705-715), a church was built in Antioch in 711; d) during the reign of Yazid II (720), a church was built in the village of Sarmada in the district of Antioch; e) the Iraqi governor Khalid al-Kasri (724-728) built a church in Iraq; f) a church was also built in Nisibis in 759; g) the church of Abu Sirjah was also built in old Cairo on the site of the old Roman fort; h) during the reign of al-Mahdi (775-785), a church was built in Baghdad; i) during the reign of Harun al-Rashid (786-809), a church was again built in Baghdad by the people of Samalu. In addition, in the same year, a church was built in the city of Basrah. During the time, al-Makmun (813-833) allowed the establishment of a church on a hill in al-Muqattam, a hill near Cairo. Many other churches were established with the permission of the Islamic government, such as Burah (Egypt), Trakit (Baghdad), Fusat (Egypt), Jiddah, Fustat, and others (Alim, 2020; Arnold, 1991).

The understanding of the Quran in the field of ‘amaliyah gave birth to the formulation of fiqh. Fiqh is not born from a mere interpretation of the text of the nash but is a response to the demands of the context. The different social contexts that were faced gave birth to several mazhabs. The discussion and determination of the laws produced, both during the lifetime of the Prophet Muhammad and during the birth of the mazhabs of fiqh, were decided according to the context of the times. So, it is unsurprising that many modern problems are not explicitly mentioned in the Quran or the fiqh mazhab. For this reason, experts (mujtahid/ulama) have the task of reformulating the concept of fiqh that is in line with the guidance of the text and responds to the current (modern) context.

In global life, where relationships between different groups (religions or ethnicities) are increasing, a community or family can consist of many ethnicities and religions. Therefore, we need a science of fiqh responsive to plurality (diversity), not the old (classical) fiqh that is more exclusive, which still distinguishes religious groups as subordinate in the social life system. Exclusive fiqh will not be able to answer religious problems, especially in interfaith relations, so it takes much renewal (tajdid) or rereading the classical fiqh. The tendency to re-read (contextualization) fiqh is now considered urgent as a counterweight to the tendency to understand formalistic and discriminatory fiqh.

Everyone usually has a different understanding of theological aspects. In the face of differences of opinion and belief, each person cannot absolutize his opinion to others because each party must maintain what he believes to be absolutely true. If you impose your opinion, this can be a factor that causes disharmony and conflict between religious communities. Disharmony and conflict are often caused by a narrow understanding of religion, leading to fanaticism. Therefore, religious scholars often say that the problem is not with religious teachings but between people in each religion (Budhy, 2001).

Theologically, in Islam, there are religious doctrines that have the spirit of inclusivism (A. Shihab, 1999; Wahid, 2006), but on the other hand, there are also doctrines that contain values of exclusivism (Azra’, 1999). It does not mean that the Quran or Islamic teachings are ambiguous, but each verse of the Quran has its context. The Scholars believe there is no ta’arud (contradiction or contradictory meaning) between one verse and another in the Quran; understanding the Quranic verse must be based on the context in which the verse was revealed. That is when in war, Muslims are allowed to kill, attack, or other violence against the enemy, but if in a non-war or peaceful atmosphere, then what Allah commands Muslims is to be tolerant, patient, forgive, avoid disputes, dialogue, and live side by side peacefully.

M. Quraisy Shihab explains that in the Quran, several verses contain the meaning of giving orders to antagonize non-Muslims or infidels (M. Q. Shihab, 1993). It gives the impression that all non-Muslims or infidels must be hostile. This perception needs to be straightened out because, in the Quran, there are also verses outlining the basic principles of interaction between Muslims and non-Muslims. The verse QS al-Mumtahanah/60:8 clearly states that Allah does not prohibit Muslims from establishing good relations with disbelievers who do not fight and expel Muslims, whether for reasons of different religions or others. The verse also states that Allah does not forbid Muslims to be kind and fair to them (M. Q. Shihab, 2005). It is confirmed in (QS al-Mumtahanah, 60:8 namely). Allah does not forbid you to be kind and just to those who do not fight you in matters of religion and do not drive you from your homes. Verily, Allah loves those who are just.

Many verses in the Quran instruct Muslims to be tolerant, both in terms of recognizing the existence of other religions and respecting the rights of their followers. Muslims are not allowed ever to force Islam to be accepted by others, in line with Allah’s words (QS al-Baqarah, 2:256). There is no compulsion in religion (Islam); indeed, the difference between the right path and the wrong path is clear. Whoever disbelieves in Taghut and believes in Allah, then indeed, he has taken hold of a very strong rope that will not break. Allah is All-Hearing, All-Knowing.

There are several narrations regarding the revelation of the above verse. In his tafsir, Ibn Jarir says this verse was revealed concerning a group of Anshor, where a friend of them had several children who had become Jews or Christians. When Allah revealed the religion of Islam, the friend wanted to force him to embrace Islam. The friend came to the Prophet Muhammad and expressed his desire. The above verse was revealed then, prohibiting coercion (violence) in religion (Jarir, 2008).

As for the houses of worship of non-Muslim religions, Muslims are also commanded to respect the places of worship of other religious groups. In the Qur’an, Allah mentions Christian monasteries, churches, and Jewish houses of worship, along with mosques (Safran, 2023), indicating that all places of worship and their communities must be defended from destruction. It has been mentioned in (QS al-Hajj, 22:40):

If Allah had not rejected some people for others, the monasteries of the Christians, the churches, the synagogues of the Jews, and the mosques in which the name of Allah was mentioned would have been demolished. Allah will surely help those who help Him. Indeed, Allah is the Mighty, the Powerful.

Hamka explains the meaning of this verse, that Muslims are commanded not only to defend mosques where Muslims pray. However, also monasteries where Nashrani priests secluded themselves for years and some for life. Such is the case with the synagogue where the Jews worship, where they read us the Torah on Saturdays. Why is that? It shows that the coming of Islam was not to abolish other religions. For this reason, the Prophet Muhammad, before the war, also gave a message so as not to damage houses of worship, priests, and rabbis, as well as those who were worshipping in them (Hamka, 1990).

5.2. Ulama’s views on two mosques in a certain area

From the perspective of fiqh science, the strong opinion in the Shafii mazhab is that two Jumats in one village are not allowed unless there is a need. This opinion is based on the time of the Prophet and Khulafa ar-Rashidin; Friday prayers were never performed except in one place (Al-’Imrani, 2002). As for if there is a need, it is allowed for several reasons: firstly, the narrowness of the mosque or the capacity that can no longer accommodate the congregation; secondly, because of a conflict that requires them to establish Jumatan elsewhere; and thirdly, because people’s houses are too far from the mosque to hear the call to prayer (Al-Mansyur, 1995).

Thus, the long distance to Jumatan in one area is one of the reasons why it is permissible to hold more than one Jumatan. The distance allowed is 1 shari’a mile, which is a distance of 24 minutes by ordinary walking or a distance of 1666.667 meters. This provision is in the decision of the 6th NU Congress in Pekalongan on 27 August 1931 (PBNU, 2011). If it does not meet this standard (1.666 kilometers), it is not allowed to hold a second Jumatan unless there is another need, as mentioned above.

The opinion that allows two Jumats in one village is also expressed by Ismail al-Zaini. According to him, it is permissible as long as the number of each Friday is not less than 40 men. Al-Zaini believes there is no clear evidence, not even close to clear evidence, either in the form of a text or something similar. In fact, al-Zaini argues that if every mosque is enlivened with 40 worshipers or more, the pulpits will be more and more, surely the syiar-siar Islam will be more and more, and the glory of Islam will be clearly seen (Al-Makki, 1992).

The ruling on having two Jumats in one village is also permissible so long as it does not cause fitnah. It is based on the argument that the ‘illat of the previous Companions did not perform two Jumats in different places for fear of causing fitnah, namely the negative stigma of defection from al-Imam al-A’zham (khalifah). As conditions have changed, where the system of government is no longer as it was during the time of Khulafa ar-Rashidin, there is no need to worry about such a stigma if there are two Jumats. On that basis, establishing two Jumats in one village is valid (as-Sya’rani, n.d.).

5.3. Follow-up on the issue of refusal to build a place of worship

Theological approaches by religious leaders who have moderate and tolerant religious views are important in resolving conflicts over houses of worship. Religious leaders from each religion must have the courage to provide their followers who have a rejecting view with strong theological arguments, that in the basic religious text there is no command to reject the establishment of houses of worship of other religions.

As has been mentioned, in every religious group, the fact is that there are theological views that are textualist and exclusive, so that they tend to be less accommodating and even intolerant of the construction of houses of worship of other religions. People who hold such theological views will oppose and reject the construction of houses of worship of other religions, even though administratively and legally valid.

On that basis, theological approaches by religious leaders need to be carried out to as many audiences as possible. This is done to build public awareness of the importance of having a tolerant and moderate religious perspective and attitude in the establishment of houses of worship.

Theological approach must be accompanied by good communication by the parties who initiated the establishment of houses of worship with the surrounding community. Because in addition to theological reasons, rejection also occurs because of distrust of migrants or different groups due to the existing socio-cultural gap. Good intentions and sincerity in sacrificing thoughts, energy, and finances are not enough to establish a house of worship, but must also be preceded by interaction and communication (engagement) with the community.

6. Conclusion

The issue of religious conflict that most often occurs is the rejection of the establishment of houses of worship. This research found an important thing for religious conflict studies that the rejection of the establishment of houses of worship in an area is not only done by other religions but also by the same religion. Muslim groups often do the rejection of churches and monasteries, while the rejection of the construction of mosques is not only from non-Muslim religions but also from Muslims themselves. The reason for the rejection of the establishment of houses of worship by the community is not caused by a single factor but is very complex and different from one another. There are three things behind the rejection of the establishment of houses of worship, namely theological, administrative, and cultural and economic gaps. Theological reasons are considered as the main cause that gives legitimacy for the community to reject. Although the administrative requirements have been met and the issue of cultural or economic disparity has been resolved, if the theological view of the community is still against the establishment of houses of worship, then conflict will still occur. Thus, theological approaches through religious leaders and negotiations through dialogue between the community and those who build houses of worship are important in resolving conflicts over houses of worship.

The findings of this research contribute to the development of studies on conflict and peace. Religion has an important value for society but is often the cause of social conflict. The theological dimension is often a fundamental issue in inter-religious conflicts, including conflicts over houses of worship. Conflict studies generally focus on sociological aspects. However, conflict studies with a theological approach are also important and will implicate important contributions to the study of religious conflict resolution.

This research limits the theological dimension as a factor of religious conflict, especially the rejection of the establishment of houses of worship. The theological approach alone is certainly not enough to answer the problem of religious conflict, so other approaches are needed. Conflict events in society are generally complex, so the research approach requires a multidimensional approach. Future conflict-related research can utilize interdisciplinary approaches such as sociology, anthropology, culture, politics, and even psychology.

Acknowledgments

The authors would like to thank all parties involved in this research. We would also like to thank to The Office of Research and Development and Training Ministry of Religious Affairs for giving us the trust to research the problematic establishment of houses of worship in Indonesia.

Disclosure statement

No potential conflict of interest was reported by the authors.

Additional information

Notes on contributors

Abdul Jamil Wahab

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Abd Kadir Ahmad

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Sitti Arafah

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Joko Tri Haryanto

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Setyo Boedi Oetomo

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Kustini

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.

Fakhruddin M

The authors are researchers from the National Research and Innovation Agency (BRIN) who have research expertise in the field of religion and religious traditions. The researchers collaborate to write articles with various themes, one of which is religious traditions that take place in the community. The construction of houses of worship in Indonesia often causes conflict, especially due to ideological differences. This article on the theological approach in the construction of houses of worship in Indonesia is a collaboration of researchers, namely the introduction, presentation of primary and secondary data (Abdul Jamil Wahab, Mustolehudin, and Kustini), research methods and writing style (Fakhruddin M and Abd Kadir Ahmad), as well as theoretical framework and data analysis (Sitti Arafah, Joko Tri Haryanto, and Setyo Boedi Oetomo). All authors are part of the researchers of the National Research and Innovation Agency, Indonesia.