Ibn Kathir’s Interpretation and Indonesianness
By: Dudung Badrun
Based on Ibn Kathir’s interpretation of QS 4:59, which relates to Indonesianness in determining the first of Ramadhan, the first of Shawwal, and the first of Dzulhijjah, did the Ministry of Religious Affairs determine the isbat as Ulil Amri?
First, we must examine the state entity and its legal system.
Indonesia is a state based on Pancasila and the 1945 Constitution, a nation-state that protects all Indonesians and the Indonesian nation.
Article 29 paragraph (2) of the 1945 Constitution states, “The state guarantees the freedom of every citizen to adhere to their respective religions and to worship according to their respective religions and beliefs.”
According to Law Number 39 of 2008 concerning Ministries, the Ministry of Religious Affairs is tasked with administering government affairs in the religious sector to assist the President in governing the country.
Article 22 paragraph (1) of Law Number 39 concerning Human Rights states that collective rights are human rights (HAM) that cannot be reduced under any circumstances, known as non-derrogable rights.
In determining the dates of the 1st of Ramadan, the 1st of Shawwal, and the 1st of Dhul-Hijjah, Ulil Amri, those with authority in the field of astronomy, have two schools of thought: the school of wujudul hilal (crescent moon) and the school of imkanu ru’ya (crescent moon).
The school of wujudul hilal (crescent moon) has been able to determine the dates of the 1st of Ramadan, the 1st of Shawwal, and the 1st of Dhul-Hijjah. Dzulhijjah, this school of thought is followed by the global Hijri calendar and Muhammadiyah.
Meanwhile, imkanu ru’yah is followed by Nahdlatul Ulama (NU) and other mass organizations in the Ministry of Religious Affairs’ isbat (seeking of the moon) meeting.
A serious constitutional issue is the Minister of Religious Affairs’ siding with one of his Muslim sects, by determining the 1st of Ramadan, 1st of Shawwal, and 1st of Dzulhijjah through the Minister of Religious Affairs’ isbat (seeking of the moon) against the results of the rukyatul hilal (crescent moon) sighting held by the imkanu ru’yah school of thought.
This isbat contradicts Article 29 paragraph (2) of the 1945 Constitution in conjunction with Article 22 paragraph (1) of Law No. 39 of 1999 concerning Human Rights in conjunction with Law No. 39 of 2008, as amended by Law No. 61 of 2024 concerning State Ministries in conjunction with Law No. 30 of 2014 concerning Government Administration.**
Jakarta, February 28, 2026
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