Bahilah in the Banjar Islamic Community’s Death Ritual
Anwar Hafidzi, Arie Sulistyoko and Norwahdah Rezky Amalia
Faculty of Sharia, State Islamic University Antasari, Jalan Ahmad Yani Km. 4.5 Banjarmasin, Indonesia
Keywords: Bahilah, Death Ritual, Culture, Banjar
Abstract: This research wants to prove that the tradition of Bahilah in the Banjar Martapura community has a mixture
of tradition and religion. This problem raises a different stigma among Islamic legal experts. This study
finds that there is a relationship between the tradition of bahilah and the role of the Banjar Muslim scholars
in terms of the kaffarat of prayers which is being abandoned. This study seeks to uncover the background of
the Banjar community's habit of death rituals based on Islamic methodology studies. The aim of this
research is to find the relationship between Islamic cultures and fiqh in the practice of the Bahilah.
Furthermore, the study aims at finding a customary ritual of the Banjar people who did not pray in their
youth, as well as the people's views on this activity.The method conducted in this study is Mix Method,
which uses a combination of library research and field research. To examine this study the author rests on
the primary source of the work of Alfani Daud in Islam and Banjar Culture, while the secondary source is
the study of Fiqh al-Islam wa Adillatuh by Wahbah al-Zuhaili. The field research is used by the author to
find out the implementation procedures and are connected in the local culture.
1 INTRODUCTION
Death is unavoidable or cannot be delayed. When
death has come to a person the relationship with the
world is interrupted. There is no longer a friend to
talk, there is no longer the ability to enjoy the beauty
of the world, and there is no chance to gather
supplies in the next life. There are four obligations
that must be performed by Muslim when one of
them dies. The obligation is to bathe, to irritate, to
bury and to bury. Implementation of the obligation is
the law is fardhu kifayah and its implementation
must be implemented as soon as possible. This is
just as the hadith from Abu Hurairah, Rasulullah
Saw, said: take a moment to take care of the body;
because if he is a righteous man, then you have
hastened him to gain well; and if besides, then you
have also removed the disadvantages of your
shoulders (Salim, 2006).
Synchronizing the execution of the
funeral, the other thing that the expedited
execution is to pay off the debt. This is as
mentioned by the hadith narrated by Abu
Hurairah, Rasulullah Saw said: every soul
of the believers depends on their debt
until they are repaid.
Another Hadith from Salamah bin Akwa, He
said, "A person's body was brought to the Prophet,
then they both said, O Messenger of Allah, Bless it!"
The Prophet asked, 'Does he have debt?' They
replied, 'Yes'. Then the Prophet said, 'Does he have
something left'? They replied, 'Yes'. Then the
Messenger of Allah said, ' Bless your friends!' An
Ansar commented (some say that commented is Abu
Qatadah), "Bless him and his debt." So, the corpse
was in prayer (Salim, 2006).
Based on the explanation above, it is known that
paying off the debt of the mayyit is one of the
important things. Because when a person dies and
then leaves the debt then such things can cause him
to depend on the meaning that he cannot keep quiet
because his obligation to repay the debt has not been
implemented yet. Even with reference to the second
hadith above, a person who still has a debt of the
prophet is reluctant to pay it until there is a
guarantee that there is a legacy that can be paid to
repay the debt. Payment of such debt becomes the
liability of the beneficiary as they become the
beneficiary. However, there is a problem when the
owner's debt is related to the right of God, such as
abandoning the prayer; there is still no fasting and so
forth. So, such debt payments are also the
obligations of heirs.
Facing problems of payments owed to Allah the
Almighty God after the death of a person, and then
the Islamic community of Banjar growing Bahilah
1092
Hafidzi, A., Sulistyoko, A. and Amalia, N.
Bahilah in the Banjar Islamic Community’s Death Ritual.
DOI: 10.5220/0009923210921097
In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1092-1097
ISBN: 978-989-758-458-9
Copyright
c
2020 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
practices as one of the rituals performed to pay
redemption (fidyah) obligations left by the mayyit.
Bahilah implementation is done by imitation (taqlid)
to the School of Hanafi which became a tradition in
the Muslim community of Banjar.
Broadly speaking, practice Bahilah to pay fidyah
implemented before the funeral procession by
inviting a few people who understand the procedures
of Bahilah and one acts as the procession leader of
Bahilah. With the use of ungkal as means of
payment redemption, payment of fidyah been
implemented by providing the recipient ungkal, then
the receiver of ungkal will giving back to the giver
of ungkal payments and so on until reaching the
amount to be paid. Once the bahilah process is
completed, the lawmakers are given an envelope
containing money as tired and transport costs
(Abidin, 2012).
It comes to question to the author about Bahilah
which developed in Banjar Islamic society for
payment of fidyah prayers and fasting for those who
have died is a matter (hilah) permitted by Islamic
law or not. Departing from this, the authors are
interested to discuss Bahilah in the death ritual
practices of the Muslim community of Banjar.
2 METHOD
The method conducted in this study is Mix
Method, which uses a combination of library
research and field research. To examine this study
the author rests on the primary source of the work of
Alfani Daud in Islam and Banjar Culture, while the
secondary source is the study of Fiqh al-Islam wa
Adillatuh by Wahbah al-Zuhaili. The field research
is used by the author to find out the implementation
procedures and are connected in the local culture
3 FINDING AND DISCUSSION
3.1 Problem Case Bahilah as the Death
Ritual of the Banjar Islamic Society
Death is something sacred so that when a person has
been invited by the death rituals is then executed.
The execution of the ritual of death in Islam is
carried out through the execution of the body, which
is bathed, drenched, prayed and buried. However, in
addition to some rituals the other obligation is to pay
the debt of the calf during his life which is the
responsibility of heirs. The debt is meant not only to
fellow human beings but also to Allah SWT. Debt to
Allah can be in the form of negligence in the
implementation of prayer and fasting that can be
paid by paying fidyah.
The tradition that flourished in the Muslim
community there is a term in Banjarese called
“Bahilah” in order to pay fidyah for those who have
died. The existence of the bahilah which aims to
ease the burden on beneficiaries with some hilah
conducted in such a fidyah payment process.
Usually this fidyah payment is executed before the
mayyit is buried because it is more afdhal and aims
to make the mayyit free and complete from all rights
and obligations when met with Allah SWT
(Syarbini, 1995).
Prepare the implementation of the section done
with me inviting some people are usually numbered
eleven people consisting of people who are
considered alim or understand the implementation of
the Bahilah . A beneficiary must also set up a
number of valuables or jewelry such as gold or
valuables called “ungkal”. Ungkal serves as a
substitute for the amount of rice to be paid. For a
beneficiary does not have ungkal, they can borrow
or owe to others or to a party that is mandated by the
beneficiaries to make hilah. The ungkal as a loan is
a receipt so it seems to belong to an al - marhum heir
(Abidin, 2012).
After the preparations are done, then the Bahilah
procession begins with the beneficiary asking or
appointed master teacher or mu'allim (in the bahilah
called priests) to represent the heirs and led the
implementation of hilah. Then the imam calculates
the amount of fidyah that must be paid. The
calculation of the magnitude of this fidyah has been
largely done by the master or mu'allim before the
implementation of the hilah, which at the time the
heirs of the asbah inquired about the quantities of
ungkal that the heirs should provide while also
requesting his informal willingness to be a priest
(Seff, 2016).
Not all invitations payment of fidyah is the poor
then before payment fidyah circumvent-ed (hilah) to
make himself as destitute by donated the entire
property owned by the children or grandchildren in
advance, so that they become destitute or poor.
However, the property that has been granted is
declared withdrawn after the completion of fidyah.
The imam began the execution of the fidyah
payment by handing the ungkal to the first recipient
as saying:
Ungkal received by the first recipient, by saying:
After saying qaba (receival) accompanied with
thuma'ninah, the first recipient of ungkal give back
to the priest. Then the priest handed back the ungkal
to the next recipient until the amount of fidyah
Bahilah in the Banjar Islamic Community’s Death Ritual
1093
required to be met was fulfilled. Once an entire
frame finished the event closed with the reading of
Surah Al-Fatihah, Al-Ikhlas, Al-Falaq, Al-Nas and
ends with prayer (Seff, 2016).
3.2 Hilah Concept According to the
Hanafi School
Hilah is a legal response to the development of the
already existing habits traditionally in the
community, which was adopted by the Hanafi
School as one of the law product. However, Imam
Abu Hanifah is not too easy to use the concept of
hilah. If hilah has cause prejudice against other
people, then hilah is banned, even recommended not
to use hilah that containing makruh acts. Imam Abu
Hanifah also argues that the implementation of hilah
with the intention of invalidating the law is openly
then the law is forbidden, but if it does not mean
then it is not forbidden (Abdul Aziz Dahlan, 1997).
Hilah etymologically means ingenuity,
deception, tricks, tactics and excuses sought to
escape from a burden/ responsibility (Abdul Aziz
Dahlan, 1997). Hilah in the view of Hanafiyah
formulated as follows: (1) Hilah is intended to avoid
overload of law, to be diverted to a lighter, more
effective legal burden; (2) Hilah is meant to give
tolerance to the habits that take place in a place or a
common phenomenon, that there are no provisions
in the passage (nash) such as bay al-wafa
(conditional sale) or bay ala bay’ain (alternative
sale); (3) Hilah is engineering by way of closing
someone's opportunity in exercising his rights. It
also provides the opportunity for others to obtain
covert rights (hilah) for certain reasons, such as the
granting of a formally formal loan to legitimacy of
the hidden sale and purchase transaction, which
causes the fall of shuf'ah rights (Rosyadi, 2016).
Hilah draft submitted by the Hanafi, has
offended by Maliki, Shafi’i and the Hanbali sect
included also Taqiyuddin ibn Taimiyah (w.728).
Whereas hilah in the perspective of Imam Abu
Hanfah is meant for the benefit of the people and
not to destroy the building of shari'at because hilah
contained the principles of Islamic teaching that is
easy with not abolish the obligations of the other
sharia law (Rosyadi, 2016).
This thinking paradigm of Hanafi School based
on the prophecy of naqli, how the speech of Allah
SWT in Surah Shad / 38 verse 44:
And take your hand with a bunch of grass, then
strike with it and do not break the oath. Lo! We
found him patient in patience. He is the best of my
servants. Verily, He is obedient.
This verse scolds about the Ayyub Prophet who
vows to hit his wife (because his wife neglected his
obligations) a hundred times, after he recovered
from his illness. But when he recovered, he was not
willing to hit his wife, as he had sworn at the time of
illness. In Islamic law, oath should be executed, but
Allah swt gives light to the Prophet Ayyub by
replacing the shot a hundred times with a punch
using a bunch grass, so the Prophet Ayyub has been
released from his oath. Efforts to divert legal
execution (hitting a hundred times) to lighter law
enforcement (hitting with a bundle of grass) is a
hilah. Based on the above argument, in applying for
all the same cases of illat law, the Hanafi School
using the qiyas method. With this argument, they
also named their theory with al-makharij min al-
maza'iq (way out of various difficulties). They did
not mention his theory with hilah because hilah term
has a negative connotation meaning (Rosyadi,
2016).
The Hanfi sect also uses the Surah Al-Thalaq /
65 verse 2 as the proposition, the reads: When they
are approaching the end of the iddah, So recompense
them well or release them well and witness with two
fair witnesses between you and stand up for the
testimony of Allah. Such is the teaching of those
who believe in Allah and the Last Day. Whoever
fears Allah, He will make for him a way out.
The words “makhraja” in verse above is
understood by them as a way out of the difficulty
faced. Two sentences at above implicitly affirming
the meaning of the blame: (1) Hilah as a conscious
act to apply law that is lighter than at heavier law,
based on benefit considerations (not abolish the
law); (2) Hilah is intended as an effort to find
solutions to problems community. Therefore, when
the scholar 'Hanfiyah wrote a masterpiece in
relation to the hilah , they give the title of his work
with the title of al-makharij f al hiyal by Imam
Muhammad bin al-Hasan (one of the leading figures
in Iraq who died in 189 AH / 804 AD), then al-hiyal
wa al the work of Ahmad ibn Amr Abu Bakar bin
Muhair al Kashshaf al Shaibni (w.261 H) this book
is written, sourced from Imam Abu Hanfah
(Rosyadi, 2016). Based on the above, the Bahilah
practices in Muslim community of Banjar is
intended to avoid legal burden is too heavy, the
payment of a fidyah of fasting and prayer for those
who have died.
3.3 Payment of Fidyah Prayer and
Fasting for the Dying Person
Praying and fasting are the pillars of Islam which in
its implementation often occur neglect so leave
obligation to perform prayer and fasting. When
experiencing negligence in performing the prayer
ICRI 2018 - International Conference Recent Innovation
1094
and fasting, then there is a provision that is ordered
to replace it.
The provisions for the replacement of shalat are
due to forgotten in a Hadith of the Prophet.
: ,
: .
It was narrated from Anas bin Malik ra that the
Prophet saw. He said: "Whoever forgets to perform
the prayer, and then do it when recalled, without
being affected by the land except by performing the
prayer". Then the Messenger of Allah reading the
verse (which means): "... and establish the prayer to
remember Me." (QS Thaahaa verse 14).
While don 't compiled with the obligation of
fasting Ramadhan so fast they must replace the other
day, as the Bahilah of Allah in Surah Al-Baqarah / 2,
paragraph 185:
And whoever is ill or on the way (then he
breaks), then (it is obligatory for him to fast), as
much as the day he left, on other days.
The above verse contains the provision that for
the sick and on the journey they are legally
permitted to break or not fast but he must replace it
on another day besides the month of Ramadan
(Shihab, 2008). It becomes a problem when one
dies first before paying for the debts he left behind,
fulfilling the vow of prayer or qadha prayer which
he forgot. In fact, when a person dies, then his
practice is cut off, so the practice of praying and
fasting for the deceased person is impossible. But a
hadith from Aisha and Abdullah bin Abbas is the
solution to this problem.
:
: .
It was narrated from Aisha that the Messenger of
Allah once said: "Whoever dies while he has a fast
debt, then his guardian must fast on his behalf." HR
Bukhari (Al-Zabidi, 2002).
:
: ,
, ?
: , .
Narrated by Abdullah bin Abbas, he said: A man
came to the Prophet, and then asked, "O Messenger
of Allah! My mother died when she had a one-
month fast debt, can I fast on her name?" The
Prophet replied, "Yes, it is possible, because the debt
to God should be prioritized for its repayment." (HR
Bukhari) (Al-Zabidi, 2002)
Based on the above hadith, it can be concluded
that a person who has died but still has the
obligation of fasting Ramadan which has not been
paid then the obligation can be executed by the wali,
the heir. In addition to the obligation to making up
(qadha), things done for paying settle a liability that
is not implemented with a fidyah by feeding a poor
person with the food quality is the same as he used
to eat (Shihab, 2008). This as stated in Surah Al-
Baqarah / 2, paragraph 184: It is obligatory for those
who are heavy to run it (if they do not fast) pay
fidyah, i.e.: feed the poor.
Fidyah given is in the form of feeding the poor.
However, the scholars differ in opinion about the
form of fidyah to be submitted. The Shafi'i sect
determines that fidyah one day of fasting is by
giving food as much as one mud. What is meant by
mud is food given in the form of staple food such as
wheat (rice, corn, barley, and so on). One mud is
equivalent to a long square dose each side of 2.9 cm
with a weight of 600 grams (al-Bugha, 2017). While
the payment of fidyah according to the Hanafi
School, may be with any property that has the price,
whether in the form of gold, silver and others
(Syarbini, 1995).
There are several reasons that require fidyah,
among others: (1) Not able to fast. All fuqaha agree
that fidyah is obligatory for people who are in no
way able to undergo fasting, i.e. old men or women
rented; (2) All fuqaha agree that fidyah is also
mandatory for sick people who have no hope of
healing; (3) For women who are pregnant and
breastfeeding when they are worried about their
child, the obligation to pray still exists; (4) The
person who is neglected in doing qadha for
Ramadan fasting is delayed until the next month of
Ramadan (az-Zuhaili, 2008).
According to the above explanation, the reason is
because of the inability of a person for fidyah in
making up (qadha) fasting because of her condition.
Speaking of incompetence then what about someone
who has died but still have a debt of fasting or no
time to pray his prayer, whether he remains saddled
with obligations to do qadha or paying fidyah.
According to Sheikh Hasan Ma'mun in his fatwa
states that make up the majority of jurists thought
possible after the death of a person prays to pay a
fidyah, which produce half-sha' of wheat or a sha'
(2.75 liters) of dates or barley for each obligatory
prayer (optional) left . This opinion is not based on
an argument that can be used as a foothold (Zahro,
2016).
As the provision of Surah al-Baqarah / 2 verse
184 states that the payment of fidyah is directed to
the poor. The Hanafi School provides criteria about
people who can accept fidyah, namely: 1) Recipients
are poor or poor, people who do not have one nisab
zakat property worth two hundred silver or twenty
mitsqal of gold; 2) Baliqh and mindful or up to age
and mindful, because people who have been up to
age but impure are not legally fidyah recipients not
enslave, believers, and understanding ijab and qabul,
intend to give and receive in fact (Syarbini, 1995).
Bahilah in the Banjar Islamic Community’s Death Ritual
1095
3.4 Analysis of Bahilah Practice for
Payment of Fidyah Prayer and
Fasting for Dying People
Basically, fidyah payment is done by feeding poor
people. However, according to the Hanafi School,
the way to pay fidyah can be given in the form of
money or other valuable property. Fidyah is given to
the poor of every prayer of fardhu half sha ' and
every fasting day of Ramadan is half sha'. In the
calculation of the amount of fidyah shalat that must
be paid when guided by the opinion of the Hanafi
school then there are six shalat in a day because
witir entered into the obligatory prayer so in a day of
fidyah shalat as much as 3 sha', for a month as much
as 90 sha', and for a year as 1080 sha ' (Seff, 2016).
While the calculation of fidyah for fasting is ½
sha ' for every day of fasting left. So, for one time
Ramadan in a year, ie ½ sha ' multiplied by 30, is as
much as 15 sha'. In addition, the fidyah is fast
making up no additional penalty for neglecting the
so-called mud fawat payment of ½ sa '. Thus, when
neglecting the payment of one month of fasting in
one year then the nurse's mud is ½ sha ' X 30 days =
15 sha' . If it is neglected for 2 years, then take care
of ½ sha ' x (30 days x 2) = 30 sha' plus previous
Ramadan fine up to 45 sha ' and then this fine will
continue to multiply. Thus, the payment of a fidyah
of fasting for the dead over 5 years is 15 sha 'x 5
years = 75 sha' plus mud fawat 150 sha ', so that the
total fidyah to be paid is 225 sha' (Seff, 2016). If
fidyah paid is for men, the age should be reduced to
the age of puberty that is 12 years old and if a
female, then reduced to 9 years old, while the age
unknown then estimated by dhan or thought best
(Syarbini, 1995).
Example calculation of fidyah for prayer and
fasting for a man who has neglected prayer and
fasting then died aged 20 years. First of all the age is
reduced by 20 years - 12 years = 8 years. Fidyah
shalat for 8 years is 1080 sha' x 8 years = 8.640 sha'.
Fidyah fasting for 8 years is 15 sha’ x 8 years = 120
sha ' and 120 sha' fawat of 540 plus mud sha' = 660
sha'. Thus, the number of fidyah prayers and fasting
for five years is 9.300 sha'. If converted to the
opinion of Abu Hanifah (az-Zuhaili, 2008) then the
number is 9.300 sha ' x 3. 00 gram = 35.340.000
gram and in liter units equals to 35.340 liters.
Based on the above calculations, it is known that
the amount of property paid is very high so it can be
troublesome even the heirs are unable to prepare the
food for that much amount. But the growing Muslim
community in Banjar, according to the Hanafi
school community by way of imitation play (taqlid)
until payment of fidyah could be moderated by
converting the amount of food equals to the amount
of money or valuable property such as gold and the
implementation of payment by using the process
Bahilah.
Implementation of the Bahilah to pay fidyah
prayer and fasting for the people who had died were
developed in Muslim societies Banjar has cause
some problems, such as when the heirs will pay the
fidyah do not have the enough wealth to pay a
fidyah and mayyit, so he had to borrow a neighbor,
or someone usually lend an ungkal for the execution
of the Bahilah. It can certainly be a burden for the
heirs. In fact, Islam as an easy religion certainly will
not burden its people with something that cannot be
implemented, as the Bahilah of God:
God does not burden a person unless it is
according to his ability.
Given the amount of rice that is too much and
quite troublesome then usually the price of rice is
valued with money, and then the amount of money
is converted with gold. This gold made fidyah is
known by the term ungkal. To the extent of this
problem has not occurred a hilah practice. Hilah then
appears when gold possessed by the heirs is
insufficient to pay the amount of fidyah to be issued.
To overcome this gold or backing that has been
handed over to the recipient, then given back to the
announcer. After that, the undersign of ungkal
submits the ungkal to the next beneficiary until the
amount of fidyah payable is fulfilled as has been
calculated by the priest (Seff, 2016).
If viewed at a glance, the granting of the fidyah
does not provide benefits to the recipient, because
the payment of fidyah is not utilized by the recipient,
because it is returned to the fidyah giver. The
benefits of the implementation of the Bahilah is only
addressed to and paid the debt mayyit prayer and
fasting, hoping to meet Allah SWT he is in a state of
ignorance obligations to Allah SWT.
Other problems Bahilah procession in the
Muslim community is the beneficiary of Banjar
fidyah is the poor because the attendance at Bahilah
procession is only people who really understand the
procession of Bahilah state and not all poor. So, the
way out of these conditions is by treating themselves
as a poor, giving them all her property to their
children and grandchildren that at that time he does
not have any property then when the division
process is completed then the property can be
withdrawn.
Grants (hibah) in the jurisdiction of Islamic
jurisprudence (fiqh muammalat) have several
provisions, among others, the existence of a
harmonization of grants consisting of grants,
grantees, grants and the existence of ijab qabul (Al
Aziz, 2014).
In practice of Bahilah, grant implemented did not
meet some of the pillars of the grant that the absence
ICRI 2018 - International Conference Recent Innovation
1096
of grantees and the absence of ijab and qabul
between the grantor and grantee, so it can be said
that the grant carried in procession of Bahilah are
not valid and aim to making poor of themselves did
not resulted. As a result, fidyah payments that
should be directed to poor people cannot be said to
be legitimate because fidyah recipients do not meet
the criteria. But in other cases when executing the
procession of the Bahilah implemented with fidyah
receiver which is really in poor condition, then the
procession of Bahilah as part of the payment of
fidyah prayers and fasting for those who have died
can be legitima-te. This is because the criterion for
receiving a fidyah has met those conditions.
4 CONCLUSIONS
Hilah is one way to lighten a legal burden. In the
practice of Bahilah in the Muslim community of
Banjar, Bahilah thriving reality there are some
irregularities, such as making poor of themselves by
granting his entire estate to his grandchildren. In
fact, when viewed from the aspect of muqalah
jurisprudence the hibah (grants) is not valid because
there is no recipient and ijab qabul at the time of the
invitation. Consequently, fidyah payments to non-
poor people will make the payment of the fidyah
invalid. Therefore, one should practice Bahilah
affected by imitation (taklid) to the Hanafi School
implemented as conditions and criteria that have
been provided by the Hanafi School is up to the
implementation of the Bahilah is not delivered to the
act of vanity.
Bahilah execution can be carried out as ikhtiyar
repayment obligations to Allah. It should be noted
that its implementation is in line with the provisions
of the Hanafi School and the community should not
make the implementation of the divine as something
sacred which results in the heirs performing various
means by means of debt to be able to implement the
mudharat and later will harm the heir itself.
ACKNOWLEDGMENT
We are grateful to the parties who assisted this
research, especially the Sharia Faculty, Antasari
State Islamic University of Banjarmasin, Indonesia,
who helped to the completion of this research
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