Kudos to the new Perlis mufti Dr Mohd Asri Zainul Abidin. At 35, he is the youngest person in the country to hold the post.

Like a cool wind blowing across a hot desert, he has boldly pointed out that the counsel and opinions of ulama (Islamic scholars) are not authoritative and definitive, but can be questioned.

Both are major accomplishments.

In Islamic philosophy this door for discussion is known as ijtihad . It may surprise some to know that ijtihad has been closed for debate and discourse since the 11th or 12th century. By prising open the doors, sceptical Muslims and even non-Muslims can have direct dialogue and debate on any Islamic principles and tenets, of which they are many facing Malaysians today. This opening for discourse might be a hundred decades too late, but perhaps it's better than never.

Despite its timeliness, this opening is a very contentious act and bound to be challenged by the protectors of the status quo, especially the ulama themselves.

The contentiousness comes from two probable sources, one the identity of the ulama, which to me has always been shrouded in mystery and mysticism; two, that the ulama, whoever they are, see themselves as the virtual protectors of conservatism, conformity, and preoccupation with the Hereafter. They are in principal, in perpetual opposition to change.

I say the ulama are a mysterious or mystical class because no one person can define them with any degree of certainty or precision. The role of the ulama is to interpret the laws to fit various and diverse situations and circumstances in line with the times, writes Abdul Rahman Abdul Talib in malaysiakini (July 10, 2006). This gives an indication of this imprecision of understanding.

I have been trying to deduce a definition and have come with the following.

Defining an ulama

My religious guru tells me that Islam is an extremely intricate body of religious discipline that only a very few adherents are privy to its highest level of understanding. To the best of my knowledge an ulama is a direct benefactor of this full understanding. This again is a vague non-measurable point. Let s put some numbers for some scientific precision.

Let's say that the degree of knowledge and piety on Islam can be measured on a scale of 1 to 10, beginning with 1 being the least knowledgeable and 10 the most. An average Ali, Kassim, or Zainal might be at 4-6, the religious gurus at 7 and imam at 8-9. Prophet Muhammad (PBUH) would of course be at 10.

By this yardstick, the ulama are those Muslim adherents who score 7 and above, on the basis of their definition by my religious guru, the village ustaz. He had told me that ulama are the inheritors of a certain kind of shine, light or lustre of religious principles and elements.

He said this high understanding began from the four Caliphs (Abu Bakar, Umar, Othman and Ali) because of their close proximity with Prophet Muhammad. They were deemed to have inherited an inner wisdom, inner secret and deeper knowledge about Islam arising from their proximity and direct relationships with the great Prophet. Collectively they are known as the Rashidun. Their score would be at 9.

The passing down of the special knowledge is a little like the mighty Coca Cola CEO who does not reveal the secret ingredients and recipe. Or that of the Heinz tomato sauce makers; they too keep their secrets close. These secret recipes are entrusted only to select personnel in their organisations.

This inner wisdom or secret recipe was then handed down to the four major imam Hambali, Hanafi, Maliki and Shafii. They would be at level 8.

After them came their successors throughout the centuries, the respective religious officials within the respective Islamic states. In Malaysia, the successors are the respective religious officials, of which the post of mufti of the states is one. Their score would be at 7.

Three groups

But this still does not indicate who the ulamas are. For this I have to categorise them into three groups.

Category A

In this category, ulama are individuals who have made the pursuit of Islam their total vocation in life. From young they study and practise the religion, become great adherents, observers, analysers, teachers and scholars of Islam.

They become truly committed to the religion which in turn gives them great eminence and prominence in society. This earns them the inheritance of the special elements which gives them the authority and credence. I think of the great Imam Al-Ghazzali to personify this category.

To me these are the true ulama. They inherit this special religious lustre, the secret recipe and have the responsibility of protecting and disseminating the faith and sanctity of Islam. The point is that they are responsible and accountable directly to God Almighty for their actions and deeds.

Category B

In this category the ulama is defined as the following by Yadim, the Islamic missionary foundation of Malaysia ( Utusan Malaysia , March 23, 2003):

- A person who has formal religious education

- One who understands Arabic and familiar with the kitab (religious texts)

- One who can communicate his religious knowledge with eloquence and clarity

- One who practises his religious knowledge with solemnity and conviction

In this category, ulama appear to be scholars formally trained in specially established schools, colleges, universities or other institutions of higher learning.

This definition would hold water in an era and society where illiteracy is at say 95 percent, common enough long gone. But in an age of high literacy, of say 95 percent, of scientific inquiry, and of technical specialisation, this definition could include almost anyone and everyone; especially those who understand Arabic and are familiar with the religious texts. Any graduate in Islamic Studies would qualify to be an ulama.

Surely this definition is too generic and should not be taken as authoritative. Kamariah Ali, who now faces the wrath of the ulama for wishing to apostate, is in fact a graduate of Al Azhar University. To the Malay mind, this is arguably the No. 1 Islamic university in the world. She is a living proof that this definition does not necessarily hold water any more.

Category C

The role of the ulama is akin to that of judges in the civil courts, writes Abdul Rahman Abdul Talib further. By this statement, ulama are to interpret Syariah law to fit various and diverse situations, like judges, and also muftis.

But judges and muftis are state appointees. They are holders of state- (and therefore human-) created administrative posts and get their salaries from the public treasury.

Specifically the authority they wield is administratively bestowed upon them by the very human state or government apparatus. The point is that they are not the inheritors of the special wisdom and authority on Islam like those inherited by Category A ulama.

Government functionaries

Herein lies the root of the issue: while the ulama in categories A (and B) comprise individuals who came into social and spiritual prominence and eminence due to their deep involvement and conviction in Islam, the muftis are appointed by the state. They might of course be spiritually committed to Islam but this does not deny the fact that they are state or government functionaries and bureaucrats. This point is of importance because their sense of responsibility and accountability is to the state and to personal being.

Looking at it in another way, they do their job more for the money and career, and less for their belief and commitment to religion. This being the case, their commitment and loyalty are not so much to Islamic principles and tenets but to their employers. This is a grey area and of course opens to debate.

To facilitate this particular issue for debate, think of Perak mufti Harussani Zakaria. He claimed that there are about 200,000 apostates in Malaysia today. But scholars from the universities stated there are in fact less that 1,000.

The figures do not tally and somebody is in effect deceitful. Harussani must defend his figures (read: he must be responsible and accountable for the figure) or else stand accused of being deceitful. To the best of my knowledge he has not done anything. The issue is: to whom would he be responsible for his claim and accountable for his integrity?

Category C ulama are personified by all of the numerous officials of the religion-based organisations in this country, starting with religious department at state level and extending to Ikim, Jais, Jawi, Jakim and the state and national Fatwa Councils. There are very many of them. Even the Censor Board chief could be included into this category.

This brings me to the contention and conclusion that, in Malaysia, when we speak of ulama, we mean these government functionaries and bureaucrats.

Then, now and forever

This being the case, the problems to be faced by Asri are about to begin. It relates to this tricky matter of change. Any change is often resisted not because it is wrong but because it is new. Challenging the authority of the ulama and making them accountable for the principles they hold may not be wrong, but it is a new uncharted territory for the Malay mind. It constitutes change. It is therefore bound to meet with resistance on two counts from the three categories of ulama - the first, conceptual and the second, practical.

The conceptual difficulty comes from the fact that the ulama perceive themselves as the protectors and guardians of Syariah law. This has been defined as a body of religious law that has been fixed in its entirety, right from the early days of Adam to the present and on to the future. It has not changed, it does not change and it will not change. It is fixed in a timeless, borderless and boundless singularity.

The mindset of these ulama harbours this timeless singularity, that they are protecting something holy, namely the ultimate truth. This truth can therefore never ever be changed. Do expect some pretty heavy resistance from them.

If the ulama are bound to give Asri conceptually a hard time the matter will worsen with Category C officials. Right now Asri is only one mufti to have come forward with a ground-breaking announcement, and he is the most junior in service and age at that.

In the Malay-Muslim reckoning seniority of age and office tenure does carry a lot of weight. It can flatten rationality and principles any day. Senior muftis could veto his views and force him to toe the line, or else. He might find his post terminated even before he has time to warm his seat.

Also there are the countless others in the mainstream Malay society who would resist Asri's radical suggestion. For ease of reference I'd call them the ulama-wannabes. They are the village ustaz - religious gurus who have a lot of social status and influence.

They are the likes of Mohd Fauzi Mustaffar who ordered his Muslim staff not to wish or send Deepavali greetings to Hindus, as a case in point. They are the very many radio and television guest speakers in the very many religion programmes.

These people thrive in propagating the timeless, borderless and boundless conservatism and conformity of the past, present and future, of the status quo, of ensuring the doors of ijtihad remain forever shut. Maintaining the status quo could well be their vocation, profession their periuk nasi (rice bowl); religion might not even be the underlying issue. So, individually and as a group, they are quite a force to be reckoned with. Expect stiff resistance from them.

Don't forget too that the government is another important factor against such groundbreaking mental opening and emancipation. I do not wish to elaborate apart from reiterating that the government is the prime orchestrate of information and the moulding of public and popular opinion. Under the pretext and agenda of maintaining harmony and public order, Asri's idea might not see the light of day. Think of the potential use of the Official Secrets Act, Internal Security Act and numerous other restrictive laws.

I foresee a rough and tough going, not only for Asri but also for many emancipated Malay Muslims and the rest of the Malaysian population who share his sentiments. The fresh breeze he brought into his appointment might not be cool enough to have an impact on the hot surroundings.

I'd like to be proven wrong of course and look forward to the general population especially Malay Muslim taking advantage of this new wind, and make the ulama responsible and accountable for their claim for religious authority, social eminence, champion of religious sanctity and deep personal piety.

There is already plenty of hot air blowing, so Malaysia deserves invigorating cool air.

AB SULAIMAN is an observer of human traits and foibles, especially within the context of religion and culture. As a liberal, he marvels at the way orthodoxy fights to maintain its credibility in a devilishly fast-changing world. In his free time, he loves to read, travel and play golf (although his game could be better).