TEMPO.CO, Jakarta - The author of a controversial dissertation from the Sunan Kalijaga State Islamic University deserves appreciation. There is no need for the Indonesian Ulema Council to label him misguided.

The dissertation by Abdul Azis, a doctoral student of Interdisciplinary Islamic Studies in the postgraduate program at the Sunan Kalijaga State Islamic University (UIN), Yogyakarta, is a thesis that should be welcomed as putting forward a concept for an alternative idea. There is no need for the public to be angry, yet alone harassing the academic. The statement by the Indonesian Ulema Council (MUI) saying the dissertation was misguided is also over the top.

Abdul Azis’s dissertation examines the viewpoint of Muhammad Syahrur, professor emeritus of civil engineering at Damascus University, Syria, on the interpretation of the Qur’an on sex outside marriage. According to the milk al-yamin interpretation as explained by Syahrur, sinful sex, known as zina, only occurs if sexual relations take place in public. If adults have sex in private based on mutual consent, and there are no elements of fraud, this is not counted as zina.

Abdul explained that his dissertation was the result of his concern over the criminalization of people caught having consensual non-marital sex. In several regions, couples caught in the act of intercourse, even if on the basis of mutual consent, have often been persecuted. This alternative concept is also relevant at a time of public discussion of the plan by the House of Representatives to pass the new Criminal Code bill. One of the articles proposed in the bill is the criminalization of sexual relations between men and women outside marriage.

Therefore, there is nothing wrong with Abdul Aziz’s dissertation, especially since there are no indications of plagiarism or violations of other academic ethics. Abdul’s ideas are within the realm of academic freedom, not religion – yet alone faith. Academic truth is clearly not the truth of faith, so there is no reason to force Abdul to apologize for his putting his thoughts in writing.

The MUI also has to be reminded that the highest form of Islamic law is agreed from consensus. Although Azis presented justification from the Qur’an and the Hadith to back his argument, the consensus among Ulamas (Islamic scholars) is still needed to turn a proposal into an official interpretation of Islamic law. All that Abdul did was open the door to the healthy discussion because his thoughts were based on evidence and arguments. Abdul’s initiative should be answered with opposing arguments, not bans or accusations of misguidance.

Sunan Kalijaga Islamic University should also not wash its hands of this dissertation polemic. A dissertation is a team effort, not something put forward exclusively by one person, but an idea involving those who promoted and discussed it. The UIN should support Abdul and see the case in its proper place, not join in putting pressure on its student to apologize. Without the full backing of academia, academic freedom will not survive.

It is as if we have not learned from history. Eight years ago, there was a similar case concerning Tamrin Amal Tomagola, a sociologist from the University of Indonesia. He was forced to apologize to the Dayak people and withdrew the results of his research simply because he said that they were Dayaks who had had sexual relations outside marriage. Fifty years ago, in 1968, Slamet Muljana had to agree to his thesis being banned because he said that Wali Songo, who spread Islam in Java, came from China.

Pressure and limits on academic freedom will only lead to us taking steps backward. People will be trapped by rigid thinking and dogma. Without the ability to think critically and rationally, people will easily be taken in by phony leaders and heavenly promises. For the good of all of us, Abdul should not need to apologize.

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