The pesantren scholars’ Fatwa on global warming and climate change: An integrative analysis of Islamic law, theology, and environmental sciences on the practice of multidisciplinary Ijtihad

Abstract

Environmental issues are commonly responded by scientists and are addressed through policies by world countries. However, the Indonesian government was considering environmental theology and fatwas formulated by a group of Indonesian ulama to address these issues. . In 2009, Ulama of Pesantren and the Indonesian Ministry of Forestry held a fruitful and large-scale conference aimed at discussing the issues of global warming and climate change, accompanying international activities on global warming and climate change, which were attended by delegations of UNFCCC (United Nations Framework Convention on Climate Change) members in Bali, Indonesia in 2007. Therefore, this research aims to investigate what kind of environmental theology and fatwas they published, how they formulated their theological positions and fatwas on the issue of global warming, and why the Indonesian Government and environmental scientists accepted them. The main data were the meeting minutes, which would later be printed in a documentary book, and the report of in-depth interviews with key figures at the meeting named halaqah. As a result, we found that pesantren ulama proposed an environmental theology that included a thesis statement that protecting the environment is not seen as a profane activity but a form of worship to God. Therefore, actions that destroy nature is a grave sin. Meanwhile, maslahah is the main argument for issuing fatwas that carbon emissions and trading are permissible (mubah), and the ratification of the Kyoto protocol is compulsory (wajib). These pesantren ulama’s environmental theology and fatwas concerning global warming issues were collaboratively discussed with environmental scientists during halaqah and thus accepted by the Indonesian government. Moreover, both the Indonesian government and environmental scientists recognized the need to apply adaptation strategies to deal with global warming by including Pesantren Ulama in the Indonesian context.

Keywords:

• Fatwa
• pesantren
• global warming
• climate change
• Ijtihad
• environment

1. Introduction

According to recent data, the Earth’s temperature continues to rise at an alarming rate from year to year. Aside from the hotter weather, we are also experiencing an increase in the frequency of natural disasters and natural phenomena that have become increasingly out of control in recent times. Floods, tornadoes, gas bursts, and irregular rainfall vary from year to year. All of these are natural indicators that the world is undergoing a massive destruction process. It is closely tied to global issues that have recently received much attention from the international community, particularly global warming and climate change (Aizebeokhai, 2009; Schuldt et al., 2011; Zandalinas et al., 2021).

Many international forums are being conducted to discuss this global issue. In December 2007, in Bali, an international event on global warming and climate change was held, which was attended by delegations of UNFCCC (United Nations Framework Convention on Climate Change) members from various countries, resulting in several understandings and agreements to address the issue. Among the significant decisions taken were those on reducing emissions from deforestation and degradation (REDD) in developing countries, which is a crucial aspect of climate change mitigation actions in the “Bali Action Plan” (Den Besten et al., 2014; Gumpenberger et al., 2010; World Bank, 2010).

According to the Bali Action Plan, industrialized countries must fulfill their duties to improve carbon reduction targets while also assisting developing countries (capacity building, technology transfer, and money) to mitigate the harmful effects of climate change. Furthermore, developing countries, including Indonesia, are encouraged to take tangible steps toward mitigating and adapting to climate change in the context of sustainable development (M.S. Kaban in Tim Halaqah RMI, 2009).

Following the international engagement in Indonesia, the pesantren ulama seem to be actively involved in response to this environmental concern . Especially in reducing or eliminating carbon exhaust emissions into the atmosphere (Juniarti et al., 2019; Wijoyo & Prihatiningtyas, 2019). In this regard, they held a special meeting in 2009 to investigate this issue. The researchers interviewed the chief executive of the meeting, and he stated that the international activities in Bali had inspired the pesantren ulama to contribute to finding solutions to global warming and climate change challenges.

In fact, following the international event in Bali, the pesantren ulama from Java and Madura decided to hold a halaqah that specifically discussed Global Warming, Climate Change, and Carbon Trading in collaboration with the Indonesian Ministry of Forestry, which took place in several sessions. The outcomes of the halaqah were published in the form of a book titled Global Warming in the Pesantren Perspective, which will be utilized as recommendations for the Indonesian government in taking related policies. It became interesting to discuss academically since the pesantren scholars could scientifically construct the scientific attitude toward the Global Warming issue, which was foreign for their knowledge backgrounds. Environmental scientists are the most qualified to discuss this issue, whereas pesantren ulama are experts in Islamic law and theology rather than environmental science. Nevertheless, they are attempting to formulate Islamic law and theological perspective to contribute to solving the problems of Global Warming, Climate Change, and Carbon Trading.

In addition to these considerations, previous studies have not established the role of pesantren ulama in handling global warming and climate change issues in Indonesia. Mangunjaya et al. (2010), for example, investigated the general role of Indonesia’s Muslim population in this global issue, which also included educational institutions and Islamic non-governmental organizations (NGOs). The emphasis, however, was solely on-field activities rather than the theological cognitive qualities that Indonesian researchers wish to develop. In a separate study, Koehrsen (2021) used a field study technique to reveal Muslims’ attitudes regarding climate change in Indonesia and the United Kingdom. Meanwhile, Turnbull (2021) conducted research on the Islamic world’s contribution to climate change through actions that promoted environmental justice, excluding Muslims and scholars in Indonesian territory. Mufid (2020) undertook a study on the response of Indonesian scholars to the environmental crisis phenomenon. However, the focus is on the opinions and environmental literacy of PBNU researchers, and the topics studied are environmental issues in general rather than global warming and climate change.

To fill that gap, we conducted a study to examine Pesantren Ulama in formulating theological positions and fatwas on global warming and climate change issues. We also explored why the Indonesian government and environmental scientists accept it.

2. Research method and setting

The primary data sources of this qualitative research are the meeting minutes of Islamic boarding schools’ halaqah activities on global warming and climate change which are then printed in the format of a book entitled Global Warming Perspektif Pesantren, and interview responses of any persons participating in the meeting of halaqah, either as a speaker, committee or participant. While the secondary data are any research report in journals and books references. The approach of analysis in this research is theory of sciences integration approach (Daneshgar, 2020; Khaliq, 2021; Khozin & Umiarso, 2014; Tajuddin & Khadafi Hj Rofie, 2014), in this case is the integration of Islamic theology, law with environmental science (Foltz, 2020; Siddiqi, 1993; Syukriya & Rosdiana Safitri, 2021). Meanwhile, the interview technique is in-depth interviews with a purposive sampling approach (Campbell et al., 2020; Crossman, 2020; Tongco, 2007).

We interviewed 9 interviewees, which consisted of the organizing committee, committee's advisors), speakers ofhalaqah (expert of Islamic studies, expert of environment studies, and pesantren’s scholars), and representative participants of halaqah We asked them different questions according to their backgrounds and participation in halaqah activities. Below is an overview of the semi-structures in-depth interview We conducted in-depth interviews to obtain data regarding the background, significance, and context of the Islamic boarding school's fatwa on global warming and climate change. Because the meeting minutes of the halaqah which are printed in book form only contain the fatwa which is the output of the halaqah of the Islamic boarding school scholar. Therefore, by combining the two data sources, i.e., meeting minutes and interview responses, valid and comprehensive data can be obtained regarding Islamic boarding school scholars' fatwas on the issue of global warming and climate change protocol of this research (Table 1):

Table 1. In-depth interview protocols

No	Interviewee	Semi-Structured Interview Protocols
1	Organizing committee (1 person)
2	Committee's advisors (1 pesantren scholar senior)
3	Speaker of Halaqah 1 (1 expert of Islamic studies)	- How do the sources of Islamic theology (Al-Qur'an and Hadith) view the issue of global warming and climate change? - To what extent is it possible for Islamic law to issue a fatwa against global warming and climate change? - Are there any solutions offered by the worldview of Islamic theology and Islamic law to the issues of global warming and climate change?
4	Speaker of Halaqah 2 (1 expert of environment studies)	- How does environmental science view global warming and climate change today? - What are the solutions to deal with global warming and climate change according to the perspective of environmental science? - Are there any roles that Islamic boarding schools can take to participate in handling global warming and climate change?
5	Speaker of Halaqah 3 (1 pesantren’s scholar)
6	Representative participants of halaqah (2 participants of pesantren scholars)

3. Result

3.1.

We found that Pesantren scholars have issued a fatwa that global warming is not just an environmental issue but also a part of Islamic environmental theology and law. Therefore, theologically, the fatwa is based on the Qur'an and the Sunnah. It stated that the most principal Islamic theological way to deal with global warming is by maintaining nature green by growing plants and trees. This Prophet Muhammad’s opinion of trees is the most remarked theological argument in the Fatwa, ”If the Final Hour comes while you have a shoot of a plant in your hands and it is possible to plant it before the Hour comes, you should plant it” (Bukhārī  810-870, 2002).  This theological perspective in the fatwa is claimed to be in accordance with the scientific perspective (Rheeder, 2021) that trees play a vital role in lowering carbon emissions. Trees require CO2 for photosynthesis and then emit O2 to aid in global respiration (Nafisah, 2018).

Meanwhile, from the perspective of Islamic law, we found that the fatwa contains three main points: first, the fatwa on industrial activities, which are the main contributor to global warming in the context of carbon emission; second, the fatwa on carbon trading which is intended as a global solution in overcoming carbon emissions in particular and global warming in general; and the third is the fatwa on signing the Kyoto protocol which contains mandatory commitments to reduce carbon emissions for developed countries and voluntary commitments for developing countries.

The first fatwa on carbon emission, because of the legal provisions the pesantren ulama agreed upon, carrying out legal industrialization operations is essentially permitted (mubah) if it is done within the framework of benefit (maslahah) and within appropriate bounds to meet needs. Natural resources can only be managed in a responsible (amanah), fair (itqan), professional, and non-harmful manner, both during production and afterwards. This is connected to Shari'a provisions regarding people as earthly caliphs (Committee, 2009).

The second fatwa on carbon trading, according to pesantren ulama, this transfer of duty is permissible (mubah) and classified as an ijarah contract, an agreement or contract for the ownership of benefits for a particular object or service with a specific payment amount (iwadh). However, some fiqh scholars replace the word iwadh with the word tamlik because the ijarah contract is a contract of ownership of benefits or services for an object. Furthermore, some people substitute it with the word purchasing and selling because it is centred on buying and selling advantages or services (Committee, 2009).

The third fatwa is on signing Kyoto Protocol. The pesantren ulama’ agreed on the legal provisions for the Ratification of the Kyoto Protocol as an obligation that all parties must obey to eliminate harm to humankind from the environmental crisis that precisely displays Global Warming and Climate Change. On the other hand, rejecting the Kyoto Protocol is a form of dhalim in and of itself, and it is the responsibility of all human beings to halt it to the best of their abilities (Committee, 2009)mufsidun fasad (Aboul-Enein, 2018; Jeffery, 2009; Qomarullah, 2014)

An ANALYSIS AND DISCUSSION

Pesantren’s Ulama’ and Halaqah of Global Warming

Pesantren ora Indonesian Islamic boarding school, the Indonesian oldest educational institution, flourishes and develops with traits and characteristics that other educational institutions lack (Marzuki et al., 2020). The existence of this educational institution's leadership is a true reflection of the qualities and idiosyncrasies of a pesantren (Dacholfany, 2015). They are the ulama, commonly called kyai by the people of Java and Madura. When referring to pesantren ulama, Muslims in Java-Madura prefer the name kyai rather than ulama (Dhofier, 1980).

The kyai of pesantren in Java-Madura are mainly associated with Nahdlatul Ulama (NU), the Indonesian largest Islamic organization. They are, in fact, the foundations of NU's existence. Researchers determined that the touch of the ulama figures of the pesantren was responsible for the formation and growth of NU (Ni’am, 2015). Because kyai can control educational and socio-religious institutions, the religious tradition in NU is consistent with the religious tradition in the pesantren.

The Lembaga Bahtsul Masail (LBM NU) and the Rabithah Ma'ahid Islamiyyah (RMI) or NU boarding schools’ association are the two central institutions at the centre of the most significant mass organization in Indonesia. Both are featured in the NU anatomy as NU institutions that serve as maintainers of NU policy in specific domains. In addition to institutions, NU has independent units and lajnah (committee) (Fadeli & Subhan, 2010).

In every issue in the community for which there is no legal provision in the Islamic religious source texts and the legal decision (fatwa), LBM NU discusses and decides on the legal provisions of the issue using primary (Quran and Hadith), secondary sources (classical books by early generations of Muslim scholars) and refers to the maxims of Islamic legal jurisprudence (qawaid fiqhiyya). In the context of this environmental issue, among the Islamic legal maxims that are used as the main argument is la dharar wa la dhirar, which means that danger must be eliminated (Jalaluddin as-Suyuthi, 1990, p. 83). The activity is known as ijtihad. Meanwhile, individuals who discuss these issues in the LBM NU are mostly kyai or ulama’ of the pesantrens, who are also RMI members.

The term halaqah has only lately been used to refer to an activity of meeting the carers of Islamic boarding schools or kyai that is not confined to discussing and resolving the law on religious affairs of Muslims from a fiqh perspective but includes all issues and perspectives (Triatmo et al., 2020). Halaqah differs from bahtsul masail, which systematically creates output in Islamic law. However, bahtsul masail events are sometimes included in halaqah's agenda, such as the Halaqah Global Warming in the Pesantren Perspective. The halaqah involved Islamic boarding school clerics from all around Java-Madura, in which there is an agenda for bahtsul masail regarding carbon trading. Based on an interview with KH. Ahmad Badawi Basyir, the advisor for Halaqah Global Warming activities, he said:

”The use of the term halaqah in Halaqah Global Warming in the Pesantren Perspective instead of using the term bahtsul masail is because pragmatically, the organizer is not Lajnah Bahtsul Masail but Rabithah Maahid Islamiyyah. Substantially so that flexibility in parsing the object of discussion, namely Global Warming, can be done, especially in the context of involving experts in environmental science in halaqah.”[1]

He further said that due to the rapid growth of the times and the yellow books' (kitab kuning). limited ability to answer new problems that developed, the fiqh formulation established hundreds of years ago was unable to solve all the problems that exist today, such as Global Warming.[2] When interviewed, KH. M Zaim Ahmad Ma'shoem, the head of RMI Central Java and the Halaqah Global Warming event organizer, stated that the formulation of classical fiqh is unquestionably different from that of today. Therefore, the law itself must spin in space and time. If the legal decision is only based on a previous formulation of the text, there are likely legal issues that cannot be discovered in the formulation of the text, such as the issue of Global Warming. In this case, the query should not be handled in a mawquf (unanswered) manner because negating an answer to a legal question is forbidden by the scholars (fuqaha'). The need for a new perspective that can handle numerous concerns and new difficulties today comes into play. As a result, it is required to decide the legislation using the manhaji technique, first to consider the methodology the scholars utilize.[3]

Finally, to not disrupt the structure of the bahtsul masail tradition building, which had endured for decades in pesantren and Nahdlatul Ulama', and to show respect to the previous kyai, Global Warming was held in the halaqah forum. Kyai and representatives from Java-Madura, 19 from East Java, six from Jakarta and West Java, six from Yogyakarta, and 44 from Central Java attended Halaqah Global Warming, Climate Change, and Carbon Trading. Because this activity was arranged by RMI Central Java and was held in Semarang, Central Java, the number of participants from this region was the highest (Committee, 2009).

Several non-pesantren ulama’ figures actively participating in this halaqah forum as speakers and participants were Prof. Dr. Irsal Las, MS., Dr. Ir. Rizaldi Boer, Dr. Chairil Anwar, Dr. Nur Masripatin, Dr. Abu Yasid, M.A., LL.M., Dr. Syaiful Anwar, Ir. Dadang Hilman, M.A., Abdul Jalil, M.E.I., Syahrina D. Anggraini, Dr. Suparto Wijaya, Dr. Agus Maftuh, MA., Prof. Dr. Abdul Djamil, MA, and several others, most of whom were academics and experts in the fields of environmental science. They were included as speakers in the halaqah by the committee because of the pesantren ulama’s suggestion, who realized that they needed the opinion of environmental scientists as a basis for formulating fatwas.[4] Meanwhile, according to the minister of Indonesian forestry ministry, Dr. M.S. Kaban, the involvement of environmental scientists in halaqah was due to the suggestion and request of the forestry ministry. He stated that it would only be possible for them to accepet and apply fatwas from the pesantren ulama’ in policy if they were built on scientific arguments from environmental science, not only from theology and Islamic law.[5] The ideas and proposals from the two parties are in harmony with each other; therefore halaqah activities have been able to take place by producing integrative ijtihad outcomes to be used as a basis for the Indonesian government in making policies regarding handling global warming and climate change

Scientific Findings as the Reason for Issuing Fatwa on Global Warming Issues

According to the findings of scientists who are members of the Inter-Governmental Panel on Climate Change (IPCC), climate change, which has become more prevalent in the previous 150 years, is caused not just by natural processes but also by the influence of human activities or interventions. Anthropogenic intervention causes global warming and climate change to become more extreme, particularly activities involving the use of energy resources derived from fossil fuels (petroleum, natural gas, and coal). Besides, the forest clearing, and land-use conversion activities produce greenhouse gas emissions into the atmosphere, which accumulates in the atmosphere, which makes the Earth hotter (Pawitro, 2016). As a result, global warming and climate change are defined as changes in the Earth's climate caused directly or indirectly by human activity. These activities generate worldwide changes in the atmosphere's composition and natural climate variability observed over a (long) period (Stone et al., 2010).

In this regard, we take explanations from two environmental scientists on halaqah which are used as arguments by the pesantren ulama’ on the issue of global warming; they are Syaiful Anwar, Ph.D. (expert scientist in the ministry of forestry) (Committee, 2009, pp. 75–86)and Prof. Irsal Las (expert scientist in the ministry of agriculture) (Committee, 2009, pp. 87–102). They have presented a scientific finding on mitigation and adaptation as the strategy in dealing with global warming as follows.

There are two basic approaches or strategies to dealing with climate change: mitigation and adaptation (Susanto et al., 2016). First, mitigation is preventing, stopping, reducing, or at least limiting the release of exhaust gas emissions, air pollution gases, and what are now frequently referred to as ”greenhouse gases” into the atmosphere (Azadi et al., 2020). Mitigation efforts aimed at limiting and reducing GHG emissions can be accomplished by reducing the use of energy resources that produce a lot of CO2 emissions (called sources) produced by burning oil, coal, and natural gas for production, industry, transportation, and power generation activities, lighting buildings, shopping centres, roads, and other development activities. Its primary goal is to maintain greenhouse gas concentrations in the atmosphere at a level that does not disrupt or endanger the Earth's climate system (Hadad, 2010).

The second critical factor in combating global warming and climate change is an adaptation (H. Zhou et al., 2016). It entails attempting to adapt, to adjust to the effects of changes that occur. This adaptation stage is carried out to lessen the danger of the impact of global warming and climate change and avoid increased disasters or losses (Hadad, 2010).

Mitigation through adaptation initiatives is a crucial priority for practically all developing countries, including Indonesia (Busayo & Kalumba, 2020). Natural and weather disturbances such as storms, floods, droughts, landslides, tsunamis, and forest fires are extremely sensitive due to the population's geographical location and socioeconomic conditions in various developing countries. Their abilities and resources to respond to natural disasters and the effects of climate change are also severely hampered (Busayo & Kalumba, 2021; Munang et al., 2013).

The framework of adaptation programs generally has four essential elements, one of which is an effort to increase public awareness and capacity of human and institutional resources regarding global warming and climate change, both in terms of definition, causes, and, most importantly, the impact that must be addressed early in the framework of anticipating the occurrence of such things (Hadad, 2010). This element is employed as an entry point by a collection of ulama' pesantren throughout Java-Madura to overcome global warming and climate change as global challenges (Hadad, 2010).

In the context of adaptation and mitigation, the kyai throughout Java-Madura carry out scientific efforts by formulating and promoting the theology of the pesantren's perspective, which is specifically related to global warming and climate change as the basis of Muslim theology, as well as issuing fatwas from the perspective of pesantren’s ulama in questioning these contemporary global issues on global warming. Both be presented in the following paragraphs, which are summarized in two main points: first, pesantren's environmental theology in dealing with global warming, and second, pesantren ulama’s fatwas on carbon emission, kyoto protocol ratification, and carbon trading.

1. Pesantren Ulama’s Environmental Theology in Dealing with Global Warming

According to pesantren’s ulama’ (Committee, 2009), Islamic theology teaches humans to see God as the creator and ruler of the universe. Islam serves as a moral guidepost in the struggle to protect the environment. Because of its holistic nature, religion becomes the theological underpinning for activists and the public to care for nature. Islam is a never-ending source of inspiration for developing a peaceful relationship between humans and nature. At the same time, religious people are human resources that fuel conservation efforts.  Their worldview is in accordance with Sayyed Hossein Nasr’s idea (“A Religious Nature: Philosopher Seyyed Hossein Nasr on Islam and the Environment,” 2015; Foltz, R. C., Denny, F. M., & Azizan, 2003; Nasr, 2004, 2005, 2011b, 2017; Riepe & Nasr, 1969) that Islam is one of the religions that can provide a theological and legal foundation for environmental conservation. In fact, he said, there is no other holy book that pays so much attention to the environment besides the Qur’an (Nasr, 2020; Quadir, 2013).

The pesantren ulama has characterized how Islam constitutes the proper relationship between humans, the earth, and the universe, which is intended to serve as the theological foundation for all Muslims and humankind in acting for the preservation of the environment from any hazardous situation, including global warming and climate change (Committee, 2009). Then, based on our analysis, we categorized the theological views of the pesantren ulama over the environmental issues discussed through halaqah into three main points, as the three principles of the relationship between human being, earth, and the universe.

The Principle of Human Being

Humans are God's creatures who excel over His other creatures to be elected as the holder of the mandate as caliph on this Earth; caliph implies substitute (Khalil, 2016). This word derives from the Arabic word khalaf, meaning ”to replace, to be a substitute, to follow, to come after,” among other things. Thus, the caliph of Allah on this Earth refers to a human substitute for Allah SWT (Karim & Murad, 2014).

The doctrine of the caliph on this Earth is frequently viewed as a source of anthropocentrism in Islam and becomes a legitimacy tool for the process of exploitation and destruction of nature; additionally, several verses of the Quran state that the universe was created for the benefit of humans, as the caliph listed in the Quran: QS.Al-Baqarah: 29, QS.Al-Jatsiah: 13, and QS.Luqman: 20. However, in the opinion of the pesantren ulama, if it is corroborated with other passages of the Quran linked to the situation of humanity and other commands, it does not have a solid theological basis. The human mandate in this context refers to obedience to God's laws, including natural law (Committee, 2009).

In this view, humans are substitutes for Allah on Earth, with two duties in protecting the environment and nature:

a.  Prospering the Earth.

”And to Thamūd [We sent] their brother Ṣāliḥ. He said, ”O my people, worship Allah; you have no deity other than Him. He has produced you from the Earth and settled you in it, so ask forgiveness of Him and then repent to Him. Indeed, my Lord is near and responsive.” (Quran 11:61, (Saheeh International, 2010)

b.  Upholding justice and not following egoism or the following lust

[We said], ”O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire, as it will lead you astray from the way of Allah.” Indeed, those who go astray from the way of Allah will have a severe punishment for having forgotten the Day of Account. (Quran 38: 26, (Saheeh International, 2010).

All of today's environmental problems are the result of human selfishness and ignorance. We frequently forget that the right to utilize energy materials is accompanied by the need to preserve a healthy, comfortable, and pollution-free environment. In truth, increased fossil-fuel combustion is the root cause of global warming (Rajapaksa et al., 2018). Thus, even though Allah SWT has provided all that exists for humanity, the position of the caliph is not a tool for humans to be able to do anything they desire in this world.

The Principle of God’s Natural Law

Sunnatullah, or natural law, is a structured natural systematic organization that influences, complements, and replaces one another (Van der Walt, 2020). Natural systems establish order and balance in micro and macro activities (Zarkasyi et al., 2019). Sunnatullah, on the other hand, describes God's intervention in the circulation of the cosmos rather than nature itself, which governs itself.

The pesantren ulama’ expanded on Allah's sunnah by explicitly relating it to the sunnatullah verse in the Qur'an, which was repeated five times, notably in QS. Al-Ahzab: 62, QS. Al-Fatir: 43 (twice), QS. Al-Fath: 23 and QS.Al-Isra: 77 (Omar et al., 2014). The five verses of the Quran make it clear that sunnatullah cannot be replaced by anyone else. Sunnatullah is a well-balanced and well-organized systemic structure. However, the term sunnatullah, expressed in QS. Al-Fathir: 43 as ”cannot be replaced” or ”renewed,” does not imply that it cannot be harmed. Sunnatullah, when viewed as the law of natural balance, is damaged due to the nature of nature itself, which is not eternal, as stated in QS. Al-Qashash: 88, which states that all God's creatures save Allah shall be annihilated (Committee, 2009).

The Principle of Earth and Environment

Nature is a system made up of components that complement and support one another regularly. The environment is composed of two types of elements: vegetable (biotic) elements that are born, grow, and die, such as humans, animals, and plants, and abiotic elements that flow and change, such as air, water, soil, climate, and others (Klarin, 2018). It is utilized as the first step by Islamic boarding school scholars to position nature and the environment, which is theologically based on God's message in QS. Al-Hijr: 19-20 (Committee, 2009).

The verse portrays an environment that has been built in its totality so that living beings can inhabit it. The environment is a system that is a unitary place that contains all items, powers, situations, and living things, including humans and their behaviour, that determine the life and welfare of humans and other living animals. Everything in it is supplied for humanity on purpose, as stated in QS. Al-Mulk: 15 (Committee, 2009).

Renewable resources can be used responsibly if their exploitation or consumption exceeds the limit of regeneration or assimilation (Committee, 2009). However, as a resource, the environment has limited regeneration and assimilation. As a result, Islamic boarding school scholars believe that destroying nature and the environment is a sin on a level lower than being hostile to Allah SWT and the Messenger, with threats of death, crucifixion, alternating cuts of hands and feet, or exile, depending on the level of natural damage caused, as well as the threat of appropriate punishment (Committee, 2009).

Even human-caused damage to nature will result in the loss of ownership rights and human control because Allah will only bestow nature on the righteous. The firmness of Allah SWT prevents humankind from destroying nature with numerous threats of punishment in this world and the next since such activity (damage nature) is a crime that can destroy humanity, as stated in QS. Al-Maidah: 32 (Committee, 2009).

Figure 1. Principles of the relationship between human beings, the environment and Global Warming and Climate Change according to Pesantren's Ulama'

Figure 1. Principles on the relationship between human being and the environment relate to Global Warming and Climate Change according to Pesantren’s Ulama’ (or Environmental Theology Principles).

GAMBAR YOOOOO

2. Pesantren Ulama's Fatwa on Carbon Emission, Kyoto's Protocol Ratification, and Carbon Trading

According to committees, the fatwas issued by the ulama' of the pesantren on these three subjects has gone through a process of tashawwur or syura (deliberation), or extensive and in-depth description by experts in charge (Committee, 2009). According to Al-Maragi, Al-Baghawi, and Ibn Katsir, Islam's existing principles, which include deliberation, were demonstrated by the Prophet Muhammad and his companions. The verses of Asy-Syuraa (verse 38) and Ali Imran (verse 159) include the directive to have this deliberation. By naming ash-shura (deliberation) in one of the chapters of the Qur'an, Allah draws even greater attention to it. This demonstrates the value of deliberate action in solving all of life's problems (Budianto, 2017; Hidayat, 2015; Mubarok, 2019; Selamat et al., 2021; Swaine, 2009). It has an important role in Islam as a decision-making mechanism (Zein, 2019). These scholars employed the tashawwur as a steppingstone to performing legal istinbath. The pesantren ulama evaluated the outcomes of the released legal provisions and specialists; are they appropriate and in sync with legal provisions and legal aims (problems)? This is because it is not rare to obtain bahtsul masail findings that turn out to be faulty legal provisions due to unclear tashawwur on legal objects.

Tashawwur that is appropriate and scientifically based, such as in halaqah from the standpoint of pesantren, global warming takes on a critical role in the formation of Islamic law. It is where knowledge integration comes into play as a necessary technique. In this scenario, religious science (fiqh) is combined with environmental science to analyze certain items (global warming and climate change). This halaqah reveals a new building of knowledge in the pesantren tradition, which may be referred to as ”environmental fiqh”. I took this term from Yusuf Al-Qardhawi. He mentioned in his book ri'ayah al-bi'ah fi as-shari'ah al-Islam that environmental issues are a matter of indeed human morality. Therefore, Islam has a close correlation with this problem. In Islam there are five objectives of shari'a, for Yusuf Al-Qardhawi, this must be added one more in the context of today's environmental issues; protect the environment (hifdz al-bi'ah). This additional principle is no less important than the five existing principles, because it is a means to realize the five objectives of shari'a (Saputra et al., 2021; بن لسبط ,2018).

In the following paragraphs, to clarify how the integration of knowledge is used as a framework for establishing fatwas by the pesantren ulama’, we discuss how pesantren ulama’ use the scientific views of environmental scientists in halaqah as the standpoint for formulating and issuing fatwas over the three global warming issues.

The standpoint of this fatwa was Dadang Hilman’s idea on the phenomena of global warming (Committee, 2009, pp. 3–13). He is a member of climate change scientist in the Indonesia Ministry of Forestry. For him, the general trend of global economic development leads to the shift of the economy's structure from primary (traditional agricultural for self-sufficiency) to a more contemporary one, more oriented toward cities, and more diverse in industry and services. It must be accepted that this industrial and service sector has breathed new life into the economy, such that relying on it drives economic growth faster than relying on other industries (Adinugraha et al., 2021). However, it must also be remembered that industrialization has an environmental impact; industrialization initiatives frequently cause environmental damage. Deforestation, waste disposal and increasingly symptomatic pollution have reached the stage of endangering the life of every creature (Committee, 2009, pp. 3–13).

The concentration of greenhouse gases (GHG) in the atmosphere rises dramatically due to this process. It is predicted that greenhouse gases, mainly CO2, will double in the next 100 years (the year 2100) or possibly sooner. This size will increase in global temperatures ranging from 1° C to 4.5° C and a 60-centimetre rise in sea level. This tendency will shrink the land area and submerge several small island nations while rising global temperatures will cause unpredictable climate change (Committee, 2009). As a result of this tendency, all countries are competing to improve their industrial and service sectors (Committee, 2009, pp. 3–13).

What are the ulama' pesantren's thoughts on industrialization? By legal provisions they have agreed, the carrying out of legal industrialization activities is generally permitted (mubah) if carried out within a framework based on reasonable needs within the bounds of interests. Natural resources can only be managed responsibly (amana), fairly (ihsan), professionally and harmlessly, both during and after production. This relates to Shari'a provisions regarding humans as caliphs on earth  (Committee, 2009). The industrial world should not be based solely on market demand (given demand conditions) but should also consider aspects of maslahah (shari'a) in terms of what goods should be produced (what), in what quantities (how much), how to produce them (how), and for whom the product is intended (for whom) (Committee, 2009, pp. 253–274).

We found that his fatwa is built by combining various verses of the Qur'an, the Prophet's hadith, and the opinions of fuqaha’ (Muslim jurists) into a single framework. The Qur'an has two verses, QS. Al-Mu'min: 64 and QS. Al-Mu'minun: 51-52 discuss the purpose of nature's creation for humanity and the good behavior that humans must exhibit on Earth. While the hadiths can be found in the Sunan of Ibn Majah volume IV pages 450, 452, and Al Mustadrak volume II page 251 narrations from Ibn Mas'ud, the three hadiths alluded to the difficulty of sustenance and the search for it (Committee, 2009, pp. 253–274).

Meanwhile, some of the pesantren ulama' views that were taken into consideration were Fatawa Ar-Ramli volume III pages 12-13 regarding the work of ammonia, Al-Qaidah Al-Dzahabiyah volume I page 4 regarding the madharat in ownership and utilization rights, Al-Mustashfa volume I page 286 -287 on maslahah, Qawaid al-Ahkam volume I page 50 on actions that contain two kinds of problems maslahah and mafsadat, Al-Muwafaqat volume II pages 25-27 on the character of benefits and mafsadat and their relation to goals, Hasyiyah al Bujairimi 'ala al- Khatib volume III page 236 on the right to use property rights, Bughyah al-Mustarsyidin page 142 and Raudlah at-Thalibin volume IX page 319 regarding the limits and conditions for the use of ownership rights, and Al-Fiqh al-Islamy wa Adillatuh volume IV page 388 regarding the mandatory use ownership rights with syara' rules (Committee, 2009, pp. 253–274).

Nur Masripatin, Secretary of the Climate Change Research Center in the Indonesian Ministry of Forestry, stated in her presentation during halaqah that carbon trading is an innovation about buying and selling carbon between entities (industry, institutions, or countries) as a solution to reduce greenhouse gases (GHG) released into the atmosphere. This innovation emerged to pursue the target of reducing carbon emissions in the 2015 Paris agreement.  The mechanism used to buy and sell carbon is to sell permits to release carbon that has been determined by a limit (Committee, 2009, pp. 141–158). If an entity wants to release more carbon than a threshold, it must purchase a carbon release permit from another entity that produces less carbon (Chen et al., 2020; Shen et al., 2020). In fact, the increase in greenhouse gas emissions in the atmosphere is mainly determined by global development activities (Qi et al., 2021). This development is motivated by conditions where the greater the level of industrial development in a country, which at the same time contributes significantly to the development of emissions. As a result, many rich countries are hesitant to reduce their emissions because doing so means slowing down development (Y. Zhou et al., 2020).

As a result, the concept of carbon trading evolved, as specified in the Kyoto Protocol. The protocol provides three types of flexible mechanisms: Kyoto flexible Mechanism; Emission Trading or Carbon Trading, where developed countries can exchange their emission reduction obligations with each other, Joint Implementation (JI), where developed countries can make emission reduction efforts carried out in other developed countries, and the Clean Development Mechanism (CDM), where developed countries can make emission reduction efforts carried out in other developed countries (Committee, 2009, pp. 141–158). Because this certificate is exchanged, it is referred to as Carbon Trading. In essence, carbon trading involves protecting carbon and the sale of that protection to countries that emit emissions (Lv & Bai, 2021). Those that reduce their emissions compensate countries that have retained their carbon emissions by providing development grants (Liu et al., 2021). Finally, affluent countries have reduced global warming and climate change without reducing their emissions (Y. Zhang et al., 2020).

Based on the environment scientist above, the pesantren ulama therefore issued the fatwa that this transfer of duty in carbon trading is permitted and classified as an ijarah contract, a contract or agreement (iwadh) to own the interest of a particular item or service for a specified amount. However, some fiqh scholars replace the word iwad with the word tamlik, since the ijarah contract is a property contract for the performance on goods or services. Additionally, some people substitute the terms buy and sell as they focus on buying and selling benefits and services (Committee, 2009, pp. 297–306).

The fatwa were built by considering several islamic legal based arguments as follows,; As-Syarh al-Kabir volume 12 page 191 about ijarah with the word tamlik, Asna Al-Mathalib volume II pages 405-407 about the fourth pillar of ijarah; the benefits and conditions where with the ijarah agreement the money from the sale of carbon becomes his property and including the category of assets for which zakat must be issued (mal zakawi), Hasyiyah Al-Bujairimi ala Al-Khatib volume II page 206 which reviews the pillars of ijarah so that something is legal to rent out, Tafsir Al-Khazin volume I page 45 about paragraph 267 of Al-Baqarah which is interpreted that there is an obligation of zakat on every asset resulting from human efforts, Fiqh Az-Zakat volume I page 279 regarding the broad scope of trading assets (tijarah) which includes all types of trade, Tafsir Al-Bahr al-Muhith volume III page 60 on the interpretation of fragments of the verse ”ma kasabtum” with all forms of human income, and Al-Fiqh Al-Islamiy volume III pages 292-293 which reviews zakat on buildings, industries, and the like (Committee, 2009, pp. 297–306).

According to MS Kaban, Minister of the Indonesian ministry of forestry, in his greetings of halaqah and our interview (Committee, 2009, pp. ix–xvi), because developed countries are the main contributors to greenhouse gas emissions, accounting for 70% of global emissions, the requirement and responsibility to reduce emissions is first assigned to developed countries, while developing countries are voluntary. The Kyoto Protocol was drafted in 1995 at the meeting of the signatories to the third convention in Kyoto to legally oblige industrialized countries to meet their emission reduction pledges (Larson & Breustedt, 2009).

The Kyoto Protocol was adopted as part of the United Nations Framework Convention on Climate Change (UNFCCC) during the third conference of the Parties (COP 3) in Kyoto in December 1997 (Stokke et al., 2013). The protocol states that jointly developed countries must reduce their emissions to an emission level of 5% below the 1990 emission level in the first commitment period, namely 2008-2012. With the implementation of this convention, industrialized countries are legally obligated to reduce GHG emissions by 5% below 1990 levels, with this obligation met between 2008 and 2012. In particular, the European Union countries are required to reduce their emissions collectively by 8% below 1990 levels, whereas Japan must reduce emissions by 6% (Committee, 2009, pp. ix–xvi).

Based on the minister’s explanation above, Pesantren Ulama agreed to the ratification of the Kyoto Protocol as an obligation (wajib) that must be upheld by all parties to repair the damage done to humanity by an environmental crisis that accurately reflects global warming and climate change. On the other hand, the rejection of the Kyoto Protocol is itself a kind of dzalim, and it is everyone's responsibility to do everything in their power to stop it (Committee, 2009, pp. 287–296). In Quranic term, they can be included in the term of mufsidun for inciting fasad (demage to the face of the earth) (Aboul-Enein, 2018; Jeffery, 2009; Qomarullah, 2014).

Some of the arguments used as the basis for establishing the law are the hadith of the Prophet which explains about fadhilah amar ma'ruf nahi munkar in the broadest sense that is parallel to jihad fi sabilillah in the book As-Sair al-Kabir book I page 28, the Prophet's hadith regarding the provisions of the peace agreement and contracts in general that are allowed and not allowed in Tuhfah al-Afwadzi Syarh Tirmidhi volume IV pages 584-585, the provisions of Muslims who are bound by contracts with their contracts that are legal by syar'i in the book of Siraj al-Munir volume III page 406 -407, the provisions for carrying out the obligations of state authorities to carry out orders and prohibitions for their people in Ihya 'Ulumuddin volume II page 177, the division of amr ma'ruf into two in the context of human rights and its provisions in Al-Ahkam As-Sulthaniyyah page 492, the government's right to intervene in people's private ownership in the context of realizing the global benefit in Al-Fiq Al-Islamy w a Adillatuhu volume VI pages 377-378, and finally human rights over other humans in the form of attracting the full benefit and eliminating complete damage based on two verses of the Qur'an concerning ta'awun and doing good deeds in our Al-Qawaid Al-Ahkam volume I pages 131-134 (Committee, 2009, pp. 287–296).

Figure 1. Integration between Islamic Theology-Law and Environmental Sciences on the Pesantrens Ulama’s Fatwas

[1] Interview with KH. Ahmad Badawi Basyir – board of advisory for the Halaqah Global Warming - was held on Friday, July 15,

  2021, at his residence, namely PP. Darul Falah, Jekulo Kudus, Central Java.

[2] Ibid.

[3] Interview with KH. Zaim Ahmad Ma'shoem -Chair of the RMI and Chair of the Halaqah Global Warming Committee - was held on Friday, July 10, 2021 at his residence, namely PP. Kauman, Lasem Rembang, Central Java.

[4] Ibid.

[5] Interview with Dr. MS Kaban - Minister of Forestry of Indonesia 2004-2009 - was conducted on Sunday, December 17, 2021 at his residence in Bogor, West Java.

Figure 2. Integration between Islamic Law and Environmental Sciences on Pesantren Perspective.

Note: → = referring, confirming and considering↔ = dialogue and integration

4. Conclusion

The second key to combating global warming and climate change is adaptation. Responding through adaptation efforts is a top priority for almost all developing countries, including Indonesia. This adaptation strategy encourages pesantren ulama’ to tackle the challenges of global warming and climate change. This adaptation strategy also encouraged the Indonesian government to accept environmental theology and fatwas from pesantren ulama’ on global warming issues. But their acceptance is indeed inseparable from the environmental scientist’s justification over the fatwas because theology and fatwas were collaboratively formulated by pesantren ulama’ and environmental scientists through halaqah, which has enabled a debate process among them that negotiates and integrates Islamic and environmental sciences perspectives. As a result, these ijtihad products have not only a theological value but also scientific one and are therefore considered to be applied.

Acknowledgments

We acknowledged for the support received from any individuals during the research, authors, affiliations; pesantren and Islamic organization, kyai, families and others. In particular, all of the members of Halaqah Global Warming involves within the interview section, especially the advisor, KH. Ahmad Badawi Basyir, and the chief of RMI, KH. M Zaim Ahmad Ma’shoem. We are truly delighted this research will bring benefit to others.

Disclosure statement

No potential conflict of interest was reported by the authors.

Additional information

Notes on contributors

Mohamad Sobirin

Mohamad Sobirin is a senior lecturer at the Postgraduate Department of Quranic Sciences and Tafsir, State Islamic University Prof. K.H. Saifuddin Zuhri Purwokerto. He was a member of an associateresearcher on a collaborative research grant funded by AIWG (Akademie fur Islam in Wissenschaft und Gessellschaft), Germany, on 2020-2021. This multi-year the research project was chaired by Humboldt Universitat zu Berlin under the title “Canon and Censorship in the Islamic Intellectual and Theological History”. He was also the recipient of the DAAD Germany scholarship for the Post-Graduate Workshop on Research Methodology and Joint International Conference at George August Universität, Gottingen, Germany, 2015, co-hosted by George August Universität and State Islamic University Sunan Kalijaga Yogyakarta. He was an executive researcher in collaborative research between State Islamic University Walisongo Semarang and Monash University, Melbourne, Australia on “Are Private Islamic Schools in Indonesia Educating for or Against Religious Extremism?”, funded by The Australia Indonesia Centre (AIC) (2017-2018). Since 2015, he has been invited and participated in several international conferences as a guest speaker andpresenter. He serves as an editor and reviewer in some journals in Indonesia and Malaysia.

Karimatul Khasanah

Karimatul Khasanah is a senior lecturer at the Department of Islamic Economics Law, Faculty of Islamic Law (Shari’ah), State Islamic University K.H. Abdurrahman Wahid Pekalongan. She has been winning the research grants from the Ministry of Religious Affairs, Indonesia since 2017. She serves as an editor and reviewer in some journals of Islamic Law in Indonesia.