LAW TRANSCENDENCE AND TAREKAT SOCIETY

Law Transcendence and Tarekat Society
LAW TRANSCENDENCE AND TAREKAT SOCIETY
Paisol Burlian
Abstract
The existence of sufism has created communities that focus on one goal, achieving
the closest state to God. Such community is called Tarekat Society. The society has
developed a network from teachers to students in the form of organization and
movement in a global scale to preserve teachings and rituals from their tarekat
leader (sheikh).
The emergence of tarekat society requires a construction of code of conduct within
communities as the guiding principles of their lives about ways to reach the final goal
to achieve the closest state to God.
Tarekat society is a unique phenomenon as it is based on a transcendental aspect.
Therefore, is a worth researching from anthropological perspective, especially in the
field of law to investigate rules that are built by the tarekat society.
The investigation of law in an anthropological perspective is not merely based on
normative law or a law dimension focusing on repeated patterns of behavior that
emerges from common law and cultural issues of human behavior related to legal
problems. Therefore, to understand laws in a tarekat society we need to conduct
holistic investigations on rules and norms as foundations for tarekat society.
Keywords: transcendence law, society and tarekat
_______________

Lecturer of Dakwah and Communication Faculty The State Institute for Islamic Studies Raden Fatah Palembang
Indonesia. Email: [email protected]
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‫‪Paisol Burlian‬‬
‫ﻣﻠﺨﺺ اﻟﺒﺤــﺚ‬
‫أدى ا ﺼﻮف وﺟﻮد ا ﺠﺘﻤﻊ ا ي ﻳﺮﺗ ﺰ‬
‫ﻫﺪف واﺣﺪ ﻫﻮ ﻘﻴﻖ ا وﻟﺔ أﺷﺪ‬
‫ﺗﻘﺮ ﺎ إ اﷲ‪ .‬ﺴ ﻫﺬا ا ﺠﺘﻤﻊ ﺑﺎ ﺠﺘﻤﻊ اﺼﻮ )‪ (Tarekat Society‬وﻗﺪ وﺿﻊ ا ﺠﺘﻤﻊ‬
‫ﺷﺒﻜﺔ ﻣﻦ ا ﻌﻠﻤ‬
‫ﻠﻄﻼب أﺷ ل ا ﻨﻈﻴﻢ وا ﺮ ﺔ‬
‫ﻧﻄﺎق ﻟ‬
‫ﻠﺤﻔﺎظ‬
‫ا ﻌﺎ ﻢ واﻟﻄﻘﻮس ﻣﻦ ﺷﻴﻮﺧﻬﻢ‪.‬‬
‫ﻇﻬﻮر ا ﺠﺘﻤﻊ اﺼﻮ ﻳﺘﻄﻠﺐ ﺑﻨﺎء اﻟﻘﺎﻧﻮن اﺮﺳ‬
‫ﺣﻴﺎﺗﻬﻢ ﻠﻮﺻﻮل إ‬
‫ا ﺪف ا ﻬﺎ‬
‫ﺤﻘﻴﻖ ا وﻟﺔ اﻷﻗﺮب إ‬
‫ا ﺠﺘﻤﻊ اﺼﻮ ﻫﻮ ﻇﺎﻫﺮة ﻓﺮ ﺪة ﻣﻦ ﻧﻮﻋﻬﺎ ﻷﻧﻪ ﻳﻘﻮم‬
‫ا ﺤﺚ ﻣﻦ وﺟﻬﺔ ﻧﻈﺮ أﻧ و ﻮ ﻮﺟﻴﺔ‪ ،‬ﻻ ﺳﻴﻤﺎ‬
‫ا ﺠﺘﻤﻊ ﺑﺎﻋﺘﺒﺎره ا ﺒﺎدئ‬
‫اﷲ‪.‬‬
‫ﺟﺎﻧﺐ ﻣ ﺴﺎم ‪ .‬ﻚ‪ ،‬ﺴﺘﺤﻖ‬
‫ﺎل اﻟﻘﺎﻧﻮن ﻠﺘﺤﻘﻴﻖ اﻟﻘﻮاﻋﺪ اﻟ‬
‫ﺗﻢ ﺑﻨﺎؤﻫﺎ ا ﺠﺘﻤﻊ اﺼﻮ ‪.‬‬
‫و ﻘﻴﻖ اﻟﻘﺎﻧﻮن ﻣﻨﻈﻮر أﻧ و ﻮﻮ‬
‫ﻻ ﺴ ﻨﺪ إ اﻟﻘﺎﻧﻮن ا ﻌﻴﺎري أو اﻟﻘﺎﻧﻮن ا ي‬
‫ﺴﺘﻤﺪ ﻣﻦ اﺴﻠﻮك ا ﺎﺷﻴﺊ ﻣﻦ اﻟﻘﺎﻧﻮن اﻟﻌﺎم واﺴﻠﻮك اﻟ‬
‫ي ا ﺘﺼﻞ ﺑﺎﻟﻘﻀﺎﻳﺎ‬
‫اﻟﻘﺎﻧﻮﻧﻴﺔ ﻓﻘﻂ‪ .‬و ﺎ ﺎ ‪ ،‬ﻦ ﺎﺟﺔ إ إﺟﺮاءت ﻘﻴﻘﺎت ﺷﺎ ﻠﺔ‬
‫اﻟﻘﻮاﻋﺪ‬
‫واﻀﻮاﺑﻂ اﻟ ﻳﺘﻤﺴﻚ ﺑﻬﺎ ا ﺠﺘﻤﻊ اﺼﻮ ﻟﻔﻬﻢ اﻟﻘﻮاﻧ ﻓﻴﻪ‪.‬‬
‫اﻷﻟﻔــﺎظ اﻷﺳﺎﺳﻴــﺔ‪ :‬اﻟﻘﺎﻧﻮن‪ ،‬ا ﺠﺘﻤﻊ‪ ،‬اﻟﻄﺮ ﻘﺔ‬
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Law Transcendence and Tarekat Society
A.
Introduction
T
he birth of taṣawwuf or so-called sufism is a phenomenon of human culture. A path of
taṣawwuf is an effort to achieve spiritual state to God. Actually, rituals of ṣufi had been
practiced by Prophet Muhammad in which he lived in a modest way and spent his life
to seek God. However, the word of taṣawwuf or sufism had not known at the time of Prophet
Muhammad and his companions.1 The birth of taṣawwuf or sufism has emerged after the
development of Islam and has been influenced by non-Islamic cultures and traditions. Before
Prophet Muhammad has been appointed as a prophet, he has repeatedly practiced tahannuts
or seclusion in the cave of Hira. Furthermore, he secluded from Mecca society that was
surrounded by evil spirits such as drunken people and conflicts among groups. Muhammad
also tried to find a way to purify the soul from sins.
Islam is a religion that fosters purity of body and soul. It can be shown from a strong
relationship of an intention (esoteric aspect) and worship activities such as wudhu, shalat, and
other activities (exoteric aspect). Taṣawwuf is an Islamic subject that focuses on an effort of
soul purification in order to improve good behaviours. Hence, as a knowledge taṣawwuf cannot
be separated from tazkiyah al nafs (soul purification) efforts. These efforts have been
associated with rituals in order to achieve stages or maqam namely syuhud stage (testimony),
wajd stage (meeting), and fana’ stage (smelting). With a pure heart, according to sufism
perspective, a person can be sincere in conducting religious activities and maintaining good
values because of closeness to God who always oversees humans’ activities. Taṣawwuf can be
defined as an effort to purify soul in order to approach God, so the presence of God can be
perceived in a daily life. The pattern of taṣawwuf during the companion era is not in the form of
kasyf al-hijab (a disclosure between God and human) or other form of sufism traditions
practiced by later ṣufi. Companion sufism patterns are in the form of ittiba’ and iqtida’
(imitating) Prophet Muhammad’s way of life. Islam teaches piety, acceptance, good values, and
fairness. Yet, Islam does not recommend monkhood, reclusion, and other mystic activities.
In the beginning, taṣawwuf is a part of Zuhd in Islam. The farther from Prophet
Muhammad’s time, the more taṣawwuf sects have developed. The differentiation of sect’s
rituals creates different perspectives of Zuhd because taṣawwuf becomes a sect that has a
special meaning from their rituals.
There are three elements attached to human being, namely: soul, mind, and body. Human
beings have high level of dignity compared to other creatures because of divine spirit
attributed to God. The divine spirit enables a spiritual journey of life that is called sufism. An
_______________
1
Aboebakar Atjeh, Sedjarah Sufi dan Tasawuf (Bandung: Tjerdas, 1962), p. 19.
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inclination to God is owned by all human beings in any religion because of natural tendencies
attributed to human beings. In general, taṣawwuf can also be understood as special methods for
human beings to achieve good values and disclose the nature of the soul and happiness.
The core of sufism is a diligent worship, being away from luxury of the world and a self
seclusion from human to worship to God as it practiced by Prophet’s companions and earlier
Islamic scholars. From sufism point of view, Prophet Muhammad owned Sufism behaviors
during his life. Personal behaviors of Prophet Muhammad, all of Prophet’s activities and
worships to God represented Sufism behaviors. Before being appointed as the prophet, he lived
in an ascetic way in the hira cave to pray and meditate to get closer to God.
The development of sufism movement has formed communities that are aimed at
achieving a closest state to God. Such communities are referred to Tarekat Society; the tarekat
society has grown from teachers to students in the form of organization and movement to
preserve teachings and methods from their leaders (sheikh). The society then develops with
special names for every sect such as Tarekat Naqshabandiyah, Tarekat Qadriyiah, Tarekat
Rifa’iyah.
The development of tarekat societies necessitates a construction of a code of conduct
within the community that will be guiding principles to reach the final goal, approaching the
closest state to God. Taṣawwuf phenomenon creates Tarekat Society is a unique occurrence as
it is based on the transcendental aspect. Thus, it is a worth researching from anthropological
point of view, especially focusing on law aspects built by tarekat society.
Law is only regarded as written rules and regulations. This positivism view reduces the
meaning of the law itself because it cannot interpret real life rules and regulation happening in
the society. Scholars in the field of sociology of law disagree with positivism view. They assert
that law is not merely written law but also there are laws existing in the community or known
as living law. Furthermore, there is a school of thought in an anthropology field focusing on law
as a phenomenon of human culture. The discussion of law in anthropology of law is not merely
a normative law as stated in regulations, or legal issues emerging from society behaviors as
contained in the custom law. In addition, anthropology of law also shapes the cultural issues of
human behavior related to law because of the cultural factors that influence it.2 The
anthropology of law studies society as whole and interrelated parts. It cannot be separated into
several aspects of the studies.3 Therefore, understanding law in tarekat society requires holistic
approach.
_______________
2
3
4
Hilman Hadikusuma, Pengantar Antropologi Hukum (Bandung: Citra Aditya Bakti, 2004), p. 5.
Ibid., p. 6.
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Law Transcendence and Tarekat Society
B.
Theoretical Review on Law and Tarekat: Views on Law
From a legal perspective, we will understand types of law and views emerging from
tarekat society. To delve into a legal point of view, we need to investigate aspects of
philosophical law. Due to the absence of exact definition of law, it has varied point of views
depending on the underlying philosophical perspective. Human civilization has produced many
law schools of thought, but the most notable school of thought is an analytical jurisprudence or
known as positivism of law, sociological jurisprudence or sociology of law, anthropological
jurisprudence or so-called anthropology of law, and law nature theory. Although there are
other schools of thought such as pragmatic legal realism and critical legal studies, this study
only addresses three earlier mentioned schools of thoughts.
To understand the positivism of law, this study cites a work of John Austin stating that law
is captured as only juridical rules. Legal studies deal with the fact that law is formulated by the
state and therefore people must obey the law.4 From this perspective, the law is no more than a
pile of formal rules of particular country. John Austin opinion was later developed by Hans Kelsen
who is the proponent of reinerechtlehre or pure doctrine law. According to Kelsen, a norm is valid
if it is established by an act of the will. If it is a product of an action, a truth lies on that action. In
addition, the positive norms are positioned by the actions of human will by legislation.5
Furthermore, he states that the law is only concerned with what it should be (das sollen), not
what is there (das sein) which has been stated in the legislation. The elements from non-juridical
aspects are regarded as fixed law. In short, people have to follow with the regulations.
Problems of positivism emerge from non-judicial elements, including justice; eventhough
human beings understand that one of law aims is a justice. In a society, law is sometimes
detached from human beings; it becomes autonomous and no longer promotes justice in the
society. As a consequence, there is a counter toward positivism’s school of thought, namely a
sociological jurisprudence, a school of thought that promotes justices in the middle of society.
This sociological view is based on the fact happening in the society. The main scholar of the
sociological law is Eugen Ehrlich who states that a law is not far from the reality of human
being’s relationship.6 Legal norms are derived from social realities that produce the particular
regulations regarding a social life or commonly mentioned as living law.7 Satjipto Rahardjo, a
_______________
Bernard L Tanya, et al, Teori Hukum: Strategi Tertib Manusia Lintas Ruang dan Generasi (Law Theories: Order
Strategies Accross Generation and Time (Yogyakarta: Genta Publishing, 2010), p. 119.
4
5 Hans Kelsen, Essay in Legal and Moral Philosophy, (Holland: Reidel Publishing Company, 1973) translated by Arief
Sidharta, Hukum dan Logika (Bandung: Alumni, 2008), p. 35.
6 Bernard L Tanya, Teori Hukum .........
7 Ibid.
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well known Indonesian law sociologist who constructs a progressive law, asserts that a law
does not exist for itself but for larger context. When a law problem occurs, the law is reviewed
and improved, not forcing human beings in a scheme of law.8 The law is not an absolute and
final product, but it is influenced by the context how people view and use it.9
A similar case to the development of the sociology of law is anthropology of law that
shares similar characteristics to the sociology of law in a way that the law is constructed from
the society. Hoebel, an anthropologist, states "law is a social norm the infraction of which is
sanctioned in threat or in fact by the application of phisycal force by a party possessing the socialy
recognized privilege of so acting",10 Malinowsky argues that the law in a society is a simple
aspect of human's lives as well as a part of society structure, not separated as an own
structure.11 Additionally, Hoebel reveals characteristics of law that can create obligation on one
part and right on the other part. Such law can generate a negative or positive sanctions based
on psycological aspects and interrelated mechanisms.12 Besides, Pospisil explains that law in a
small society is regarded a social phenomenon that has an overarching pattern consiststing of
some characteristics:13 (1) power, (2) universal validity, (3) obligation, (4) sanction.
1. Power
One of the characteristics indicating a presence of power is that a decisions and an advice
from leaders are obeyed by citizens. In this case Pospisil explains that characteristics of a
power can be seen from a concept of functional power.14 Characteristics of leadership can be
seen from several characteristics such as intelligence, adaptability, wisdom, introspection,
exstrospection, dominance, masculinity, and sensitivity.15
2. Universal Validity
The definition of the universal validity of is an act of leaders that prioritize fair principles
in decision making process.16 An intention of universality is that authorities decide on cases or
_______________
Satjipto Rahardjo, Hukum Progresif: Sebuah Sintesa Hukum Indonesia (Yogyakarta: Genta Publishing, 2009), p. 5.
Ibid.
10 Adamson Hoebel, Man in the Primitive World (New York: Mc Graw Hill Book Company, 1958), p. 471.
11 Hilman Hadikusuma, Pengantar Antropologi Hukum (Bandung: Citra Aditya Bakti, 2004), p. 50.
12 Ibid., p. 48.
13 Ibid., p. 93.
14 Ibid., p. 95.
15 Ibid., p. 97.
16 Ibid., p. 108.
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Law Transcendence and Tarekat Society
problems firmly and regulate that the decisions will be applied in other cases.17 In a small
soecity, the universality has a purpose to create forms of statements from the authorities in
accordance with customs that have been institutionalized in a society.18
3. Obligation
An obligation is defined as a concept consisiting of two aspects in terms of social
relationship, an aspect requiring that a person who violates law should restore a social
relationship. The second aspect explains the right of the disadvantaged community in order to
promote an original situation before conflict occurs in a society. 19
4
Sanctions
Sanctions are absolute criteria of a law and it is not merely based on physical form.
Forms of legal sanction are closely associated with the group or sub-group in which sanctions
are applied. Sanctions can be physical and socio-psychological sactions.20 Therefore, the
sanction can be perceived as negative form in a way that people do not give reward to others
who actually receive reward if they do not violate the law. The sactions can also be a positive
way that gives a painful experience both physically and psychologically.21
Beside the law theories discussed above, there is a theory of natural law. Since Greek and
Roman era to the present, people have experienced many legal theories emerging from in each
historical legal event. In general, a theory of law can not be separated from its event. The
natural law theory is very closely associated to a divine nature. Philosopher who develops the
law of nature is Thomas Aquinas during the Middle Ages. He classified three forms of law into
an eternal law (lex aeterna), a natural law (lex naturalis), a human law (lex humana).
Additionaly, Aquinas also mentions the existence of other laws namely a divine law (lex divina),
the law awarded by the church to faithful Christian (lex ecclesiastica) a lust law (lex
concupiscentia).22 Lex Aeterna is a wisdom or eternal divine plan of God with regard to the
creation of universe. Naturally, the whole components of universe follow the eternal law of God
because there is no power beyond the divine wisdom.23 Lex naturalist is a way of Go’s creation
moves by nature and its impact on the environment, such as organisms live, grow, react, breed,
_______________
Ibid., p. 110.
Ibid., p. 109.
19 Ibid., p. 111.
20 Ibid., p. 116.
21 Ibid.
22 Franz Magnis Suseno, Etika Politik (Jakarta: Gramedia, 1987), 87. See Thomas Aquinas, Summa Theologica, 1332
23 Ibid., p. 88.
17
18
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and other activities determined by its nature; then, nature can be referred as a law of
creation.24 Furthermore, according to Thomas Aquinas human beings are positionated under
the law of nature, but as a spiritual being they have an understanding and freedom.25 Due to the
existence of the freedom, people are able to create laws called lex humana. Furthermore,
Thomas Aquinas explains lex divina as the law revealed by God to human through revelation
process. Ecclesiastica and lex to lex concupiscentia are not discussed in this paper because they
will not be employed for an analysis process of this study.
Interrelatedness factors of natural law theory and divinity aspect which is transcendental
has become one of the highlights in this lawfull life. According to Salman Otje a purpose of law
with regard to philosophical aspects is the highest level of law through a foundation humanity,
justice, and love similar to a spirit of God’s mercy.26 The aspect of divinity is classified into
"value and religious faith”. He explains that the aspect of faith and religious values shapes a role
in building a foundation of law.27 Transcendental aspects of this law are functioned as method
for human beings to create a society that relies on rules and regulations.
C.
Taṣawwuf Path and Tarekat Society
The definition of a word taṣawwuf is debatable among scholars. Some scholars assert
that the word taṣawwuf is derived from the word "shifa", meaning pure and clean like lightning
glass. Other scholars argue that word taṣawwuf is originally from "shuf" meaning an animal
skin, because people who practice sufism usually wear fur as they avoid beautiful clothes that
represent mundane spirits. Scholars also state that taṣawwuf is from the word "shuffah" that is
closely associated to Prophet Muhammad’s companions who purify their soul by meditating in
a place closed to the Prophet’s mosque. The word taṣawwuf is also identified from a word
"shufanah", meaning woods grown in an Arabian peninsula. Lastly, scholars explain the word
"shufi" is not an Arabic term, but an ancient Greek language that is adapted into Arabic
language. The original term is "theo-shofie", the science of divinity which is pronounced by
Arabic people and the word turned to be taṣawwuf.28
Despite a debate whether the term taṣawwuf is originally from Arabic or Greek, it is
obvious that the origin language refers to ṣufi, people who exile from a crowd to purify souls
_______________
24
25
Ibid.
Ibid., p. 89.
26 Rudi M. Rizky (eds.), Refleksi Dinamika Hukum: Rangkaian Pemikiran dalam Dekade Terakhir (Jakarta: Perum
Percetakan Negara RI, 2008), p. 27.
27 Ibid., p. 28.
28 Hadji Abdulmalik Karim Amrullah (Hamka), Tasauf Modern (Djakarta: Djajamurni, 1970), p. 17.
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Law Transcendence and Tarekat Society
like lightning glass toward God or wear modest clothes, live with very limited foods in a desert.
All of activities are performed in order to deepen an investigation of creature with his creator.29
Ibn Khaldun states that taṣawwuf is a sharia knowledge that emerges from religious
practices. The original meaning is associated with worship and cutting relationship except
Allah, focusing any activity to God, rejecting the luxury of this world, and avoiding things that
can lead people to bad activities. In order to achieve sufism state, people conduct meditation
and praying to God.30 According to Harun Nasution, taṣawwuf is a knowledge which deals with
a discussion of activities to achieve the closest state to God by purifying the soul.31 The goal of
taṣawwuf is to approach as close as possible to the Lord so humans can see God by their heart,
even they can unite their spirit with the spirit of God. Philosophical aspects underlying
taṣawwuf are the belief that God is spiritual, so a human spirit can get closer to God, not the
body. Second, God is holy; thus, the only spirit that approach to God is a sacred spirit.32
In Islamic teaching, God is very close to human beings. Proximity of God to humans is
stated in al-Quran and ḥadīth. The verse 186 of al-Baqarah says, " And when My slaves ask you
(O Muhammad) concerning Me, then (answer them), I am indeed near (to them by My
Knowledge). I respond to the invocations of the supplicant when he calls on Me (without any
mediator or intercessor). So let them obey Me and believe in me, so that they may be led aright.”
Sufis interpret the word “prayer” in the verse as a hard prayer to God in order to see God and
achieve the closest state to God. In another word, people pray hard to ask God to open the veil
and reveal Himself to that prayer. Related to the proximity of God and human beings, al Qur’an
illustrates in the following verse, “And to Allah belong the east and the west, so wherever you
turn yourselves or your faces there is the Face of Allah (and He is High above, over His Throne).
Surely! Allah is All-Sufficient for His creatures' needs, All-Knowing”. (al-Baqarah: 115).This verse
implies that God can be found anywhere. God is close and Sufis do not need to go far to meet
him. The following verse also illustrates how close God to human beings: ” And indeed We have
created man, and We know what his ownself whispers to him. And We are nearer to him than his
jugular vein (by Our Knowledge)” (Qaf: 16). This verse describes God is not separated from
human beings. Therefore, a ḥadīth describes that "Who knows himself knows his Lord". To seek
God, Sufis do not have to set off far journey; they can go into theirself so that they can meet God
inside their holy spirit. In this context, the following verse needs to be understood the Sufis,
“You killed them not, but Allah killed them. And you (Muhammad) threw not when you did throw
_______________
Ibid.
Ibid., p. 18.
31 Harun Nasution, Tasawuf, http://soni69.tripod.com/artikel/tasawuf.htm, Oktober/12/ 2011
32 Ibid.
29
30
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but Allah threw, that He might test the believers by a fair trial from Him. Verily, Allah is All-Hearer,
All-Knower” (al-Anfal: 17). In this verse the Sufis observe humans’ unity with their Lord.
Humans’ acts are acts of God. God is not only close to humans, but also to other creatures as
described in the following ḥadīth, "In the beginning I am a hidden treasure, then I want to be
known. So I created creatures, through them I am known". An interpretation can be drawn from
the ḥadīth that God and creatures are united. If the Quranic verses imply Ittihad or unity
interpretation, the last ḥadīth cosist of the concept of Wahdat al-Wujud, a form of unity
between God and his creations. These verses of the Qur'an and the ḥadīth describes how close
God to human beings and other creatures. The proximity to God does not neccesiates outside
factors so that a Muslim can feel God's closeness. By conducting a hard prayer, human can feel
the closest state to God and see God with eyes of his heart and spirit unity between humans and
God that resembles the essence of sufism.33
Sufis need to take long and tough paths to see and unite to God. People have to
experience the paths for many years; therefore, only a very few people can achive the top level
of sufism. The path is called tariqah, an Arabic term means path, a term of tarekat is derived
from the word tariqah. The essence of tarekat is self-purification consisting of several stages by
performing ablutions through worship, especially fasting, prayer, reading the Qur'an and dhikr.
Thus, sufism rituals are full of praying activities. The goal of all worships in Islam is to approach
to God by purifying sufis’s soul gradually.34
There are several paths to achive a highest level of sufism: syariat, tarekat, hakikat, and
ma'rifat. Syariat represents Islamic rules and regulations. They have been determined by God
through Prophet Muhammad in the form of commands and prohibitions.35 Related to this path,
an implementation of syariat especially the five pillars of Islam cannot be separated from the
function of tarekat itself. In tarekat teaching, spiritualization is closely related to a ritual of
spiritual journey in the form of suluk. In other words, the spiritual journey is described as a
man who is looking for pearls located in the middle of a very deep ocean. The three paths of
sufism, syari’at, tarekat, and hakikat, is absolutely essential because all of the three paths belong
to one system. Syariat is depicted as an ark or ship that serves as a means to achive the goal.
Tarekat as is described as a vast ocean and a location of the pearl. Hakikat is associated with
sought pearls while the pearls are representation of ma'rifat.36
_______________
Ibid.
Ibid.
35 Ummu Salmah, Sosialisme Tarekat: Menjejaki Tradisi dan Amaliah Spiritual Sufisme (Bandung: Humaniora, 2005), p. 5.
36 Ibid., p. 77.
33
34
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Law Transcendence and Tarekat Society
People who want to experience paths of sufism to get closer to God create communities
in a society. They gather in one goal to reach ma'rifat and build a community based on sharia.
Such communities who come together are commonly referred as a tarekat, a community who
want to seek the pearl or ma'rifat. This tarekat can be interpreted as diversity system to live
together in an effort to spiritualize the material and materialize spiritual values.37 A culture of
tarekat has existed since the Prophet Muhammad. Afterwards, it is inherited from teachers to
students in the form of organization or jama’ah and movement or jam'iyah to preserve
teachings and methods of particular tarekat leaders.38 In a tarekat, there are two components,
namely teachers (murshid) and students (suluk). A leader of tarekat is appointed hereditary;
the leader always preserves the existence of tarekat teachings and rituals. Leaders can also be
teachers or murshid for their followers.
A core principle of tarekat education is to guide students to mahabbah or love and
ma'rifat, efforts of understanding the nature of self and God. People know who are them and
who is God?. In turn, he will always be transcendent who see and face something directly to
remember who creates them. For them, there is no present unless there is an involvement of
God.39 As a result of community formation, tarekat constructs code of ethics underlying how
they should live, how they should live together to achieve their goals. Morality, ethics and
manners to God, teachers, fellow students and theirself must be created.
Morality and ethics of the relationship between students and teachers in every tarekat
may undergo significant changes due to dynamics, change, and social renewal of humanity. All
tarekats notice dynamics of life and can not be separated from the development of the science
and technology as well as culture and civilization that influence the tarekats.40 However, a
development of code of conducts does not mean that tarekats do not posses fixed rules and
regulations. Underlying ethics must be based on submissive actions from students to teachers
as a main requirement to reach wUṣūl to the Prophet Muhammad and God.41 The guiding rule
of tarekat is always referring to Al-Quran and al ḥadīth and suluk as practiced by Prophet
Muhammad.42 Sheikh or leaders in a tarekat create rules and regulations for their students. The
rules are efforts to discipline students as well as respect from students to achive the goal. The
rules will establish lifestyles, religious activities, ideals and desires (aspiration) to streghten
_______________
Ibid., p. 92.
Ibid., p. 84.
39 Ibid., p. 90.
40 Ibid., p. 98.
41 Ibid., p. 100.
42 Ibid., p. 138.
37
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provisions of sharia law. These rules are closely related to the overall system of spiritual
exercises prescribed for life under the guidance of a sheikh or leader. It also requires an
implementation of mandatory law. Human who does not respect the rule will not have a place
in tarekat path. Disciplinary rules should not be neglected by the sufis because they have to
accustom with the rules.43
Teachers shape an important role in facilitating their students to achieve ma’rifat level. A
code of ethics that underlies tarekat society is a respect for the teacher based on Islamic rules.
The rules that become codes of conduct are as follows:
1.
Each student is required to be confident and aware of a notion that he will not succeed
achiving his suluk without teacher’s mediation.
2.
Each student must demonstrate conformity to follow a spiritual guidance of his teacher.
Conformity from students to teachers should be sincere in a reciprocal way.
3.
Each student can not rush in all cases.
4.
Each student should lower his voice in a teacher forum; he can not show inappropriate
attitudes and behaviors toward the teacher.
5.
Each student should keep the teacher’s feeling with regard to belief, conscience, and
emotional aspect.
6.
Each student cannot cite statements from teachers without mentioning the sources.
7.
Each student cannot treat his teacher inappropriately.
8.
A student is reminded not to wag, poke, gossip, criticize, and disseminate teacher’s bad
habits to others.
9.
If a teacher command something to a student. He should follow a teacher, eventhough it
is hard for him.
10.
A student is not supposed to say “ he is my previous teacher, now not any more”
11.
A relationship between teacher and student should be maintained in a good way.44
If a dispute occurs among students, it should immediately be reconciled and it is prohibited to plead one student against others. A reconciliation process must be based on
friendship and soft feeling without having to advocate one of them. In solving the disputes, a
priority is a consciousness from people in conflict based on spiritual aspects. Therefore, a
constructive sanction is recommended compared to a physical sanction.
_______________
43
44
12
Ibid., p. 140.
Ibid., pp. 100-104.
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Law Transcendence and Tarekat Society
D.
An Analysis on Law in Tarekat Society: Law Transcendence in
Tarekat Society
To understand whether legal aspects exist in the middle of tarekat society, we cannot
observe from positivism of law because it can only be interpreted as a pile of formal rules
established by legislature. An existence of legal aspects in a tarekat society can be observed
through social phenomenon emerges in a society as guiding principles; this legal aspect is
commonly mentioned as living law. To prove that rules and guiding principles of tarekat
society is a legal form, researchers observe from anthropology of law. According to Pospisil the
guding principles of ṣufi can be categorized as legal products if they meet several criteria of law,
namely universality validity, obligation, and sanction.
As discussed in the previous part, a law according to Pospisil should have power; the
power creates regulations from leaders obeyed by citizens. In a tarekat soecity, a leadership is
run by sheikh. The Sheikh in a tariqah produces rules and regulations for students. Sheikh has
an authority to create rules obeyed by citizens because a sheikh is considered to possess an
intelligent, leadership criteria, adaptability, wisdom, introspection, exstropection, and
sensitivity based on the integrity of the achievement of knowledge and experience about how
to reach ma’rifat level. Based on high integraity, most of rules are produced about code of
conduct between students to the sheikh.
The second characteristic is a universality that demonstrates a fairness of principles in a
decision making process. In a tarekat society, all rules and regulations emerge from Islamic
sharia, a universal guidance of Islamic soceity. It is universal because it is based on a theology
path. A path that belives Allah exists on Muslim’s heart. Therefore, in decision making process,
every decision should always be based on what preached on Islamic sharia.
The third characteristic of law is an obligation, a concept consisting two sides in terms of
social relations, an aspect showing that there is an obligation for law infringers to restore
relationships and situations. The second is an availability of the right for injured people in
order to claim an original situation. Observing codes of ethics in the tarekat society will unearth
respect and appreciatition behaviours toward fellow human beings. In a dispute, tarekat
society will reconcile the conflict as soon as possible to restore to the original situation. The
parties involving in the dispute should promote fairness and togetherness to return to the right
path to achieve ma'rifat level.
The fourth characteristic of law is a presence of sanctions that may comprise of negative
and positive sanctions. In a tarekat society, a saction that is prioritized is a positive
psychological sanction as Malinowski explains in his study. A physical sanction is avoided in
tarekat society because they understand that to achive ma'rifat stage human beings should act
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based on tenderness. Therefore, a sheikh who wants to give sanction promotes admonition to
students in order not to violate guiding rules in their life.
Based on the observation from Pospisil’s law characteristics, we can conclude that in a
tarekat society a law exists for communities. The laws are based on custom and tradition of ṣufi
community revealed hereditary through their Sheikh.The laws in the tarekat society can be
identified as living law for particular community.
After finding out legal aspects exist in the tarekat society, then the question that should
be asked is how the nature of their legal aspects?. The goal of the tarekat society is to achive the
closest place to God by experiencing sufism paths. Hence, a divinity aspect in the tarekat society
is very important dimension. The legal aspects in the tarekat society are based on divinity
aspects. We can compare legal aspects of tarekat society with natural law of Thomas Aquinas
laws who divides natural law into three characteristics, namely the eternal law (lex aeterna),
natural law (lex naturalis), and human law (lex humana). Additionaly, Aquinas also mentions
another law, a divine law (lex divina).
Laws of the tarekat society can be characterized as a way to achieve ma'rifat level and
understand an essence of human beings and God in a better perspective. Thus, tarekat
followers can recognize who is them and who is their God?. Tarekat followers will behave
transcendently. Guiding rules in this tarekat society always refer to the Quran and Sunnah
which in the view of Thomas Aquinas is the divine law (Lex Divina) or laws based on revelation
from God. The Lex Divina becomes derivative in compiling laws that govern ethical codes of
tarekat society made by the sheikh. Thomas Aquinas calls this process as Human Law (Lex
Humana). Lex Humana formed by the sheikh should always accompany students to achieve to
their nature as human beings in order to understand an in-depth knowledge of the Lord as the
creator who creates eternal laws (aeterna). From this perspective, we can see that the laws
existing in tarekat are in accordance with Thomas Aquinas perspective that focuses on
transcendency of law.
E.
Conclusion
In a tarekat society, rules or so-called living law are compatible with characteristics of
law by Pospisil as follow:
1.
Power, in a tarekat society a sheikh is in charge as a leader who holds the highest
authority to manage the community.
2.
Universality, every decision produced within a tarekat society should be based on
universality and tawhid derived from Islamic sharia.
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Law Transcendence and Tarekat Society
3.
Obligation, when a conflict occurs in a tarekat society every party has an obligation to
foster peace based on the same spiritual spirits in order to return to a society’s goal,
achieving ma’rifat level.
4.
Sanction, in a culture of tarekat society, a positive and psychological sanction is
prioritized rather than physical sanction.
Laws in tarekat society have a transcendental dimension. Based on Thomas Aquinas
laws’ classification, laws in a tarekat society emerge from Lex Divina (al-Qur’an and ḥadīth)
then continue into Lex Humana through a medium of sheikh who facilitates his students to
understand their God who creates an eternal law in this universe (aeterna).[]
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Paisol Burlian
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