Introduction

Muhammadiyah is widely known as an Islamic movement which promotes social reforms and a new understanding of Islamic teachings including Islamic law. In this field, Muhammadiyah's legal stance manifests in the adherence of a principle of non-affiliation to any Islamic school of law (madhhab) principle and belief in the urgency of performing legal reasoning (ijtihad). Muhammdiyah formulates its position regarding Islamic law through the establishment of a council called Majelis Tarjih, which is specifically responsible for solving Islamic legal problems within the movement, in particular, and Indonesian Muslims, in general.

Some studies maintain that this council has been effective in bringing effect to an essential principle of Islamic law, the highest objective of law (maqāṣid al-sharī’a) and assuming an instrumental role as a body which facilitates collective legal reasoning (ijtihad) within the movement. Scholars examining non-ritual legal opinion ( fatwā) of Majelis Tarjih, have also highlighted the rationality of the agency and its success in purifying and dynamizing Islam. In other words, Majelis Tarjih is deemed significant in the formulation and dynamization of Muhammadiyah's legal thought. Based on this very fact, the Majelis is the locomotive for Muhammadiyah's reform (tajdīd) movement.

However, currently, Majelis Tarjih has been subject to frequent criticism for being irresponsive and rigid in dealing with contemporary legal issues. Consequently, the general impression that has emerged is that Muhammadiyah is undergoing a shift towards conservative leaning. The basis for this claim is the wider observation of Muhammadiyah as a movement characterized by two competing groups and orientations, conservative and progressive wings over some critical issues. In the context of this competing thought, both Muhammadiyah members and outsiders often view Majelis Tarjih as a proponent of the progressive group as opposed to Majelis Tabligh (the missionary council) which is perceived as the conservative wing. One possible factor leading to this classification maybe the fact that the Majelis Tarjih underwent significant “reform” in orientation and method.