----- Forwarded by Carla Annamarie/PRUIDN/IDN/Prudential on 05/17/2005
10:15 AM -----
"ayeye1"
<[EMAIL PROTECTED]> To: [EMAIL PROTECTED]
Sent by: cc:
[EMAIL PROTECTED] Subject: [perempuan] Women
stall review of marriage law
oups.com
05/16/2005 05:28
PM
Please respond to
perempuan
http://www.thejakartapost.com/detailnational.asp?fileid=20050516.C05&irec=4
Women stall review of marriage law
The Jakarta Post, Jakarta
What could be more ironic than being opposed by fellow women when one
intends to defend women's rights in matrimony?
"May God lead her to the right path," scholar Nabilah Lubis said
referring to Siti Musdah Mulia, the leader of the Ministry of
Religious Affairs' committee on gender mainstreaming, which produced a
white paper on the revision of the Islamic Law Code, as if Musdah had
been what Muslims refer to as "misled".
Nabilah's comment was greeted by a chorus of Amens from the
predominantly female audience during a discussion on marriage law
organized by the country's largest Islamic organization, Nahdlatul Ulama.
Late last year, Musdah and her committee published a white paper for a
new Islamic law code, which sparked acrimonious debate over such
issues as allowing interfaith marriages, prohibiting polygamy and
promoting gender equality.
The forum, however, raised fundamental questions as to whether
prevailing interpretations of Islamic law are open to debate.
The white paper, which deals also with inheritance rights for
non-Muslim children and a woman's right to divorce, was accused of
being out of line with the Koran.
Minister of Religious Affairs M. Maftuh Basyuni shelved the
controversial draft on Feb. 14 for fear it might generate conflict
among Muslims.
The majority of both the speakers and members of the audience
attending the seminar insisted that there were some things in Islamic
law that could not be questioned as they were clearly stated in the Koran.
"Some of the fiqh (generally accepted/official interpretations of the
Koran and Sunnah) stated expressly in the Koran or Sunnah must be
accepted as they are and cannot be changed under any circumstances,"
Nabilah said.
She stressed that the prohibition on interfaith marriage and the
permitting of polygamy were clearly stated in the Koran, and to
suggest otherwise was contrary to Islamic law.
Indonesian Ulema Council (MUI) research and development unit head
Huzaemah Tahido Yanggo supported Nabilah's comments and added that the
white paper had the potential to mislead the public at large and
should have not been published without prior consultation with more
experienced ulema.
Despite the harsh criticism of the draft, a more enlightened and
objective perspective was voiced by a male member of the audience, who
said that Islamic law should also be interpreted equitably, rather
than just literally.
This would mean the need for a contextual, not literal, interpretation
of Islamic law.
The committee started out on its work with the objective of responding
to various social phenomena, such as domestic violence -- which was
reported by the National Commission on Violence Against Women to have
increased from 7,787 reported cases in 2003 to 14,020 cases in 2004 --
and child trafficking.
Musdah responded to both the criticism and support by underlining that
Islam is not a religion that is black and white. There were also gray
areas. "Even the Imams -- religious leaders -- whose teachings we use
now -- admitted that their views were not the absolute truth.
"Why should we, people living 14 centuries later, say that their
teachings are absolute and cannot be interpreted contextually," she asked.
She admitted that the draft was still only at the proposal stage and
had not yet been formalized as a bill, and was thus open to amendment
following discourse and discussion.
"Understanding religious teachings should be done critically and
rationally," she said. "Differences in viewpoints should not be a
problem."
However, the day's discussion ended by concluding that the
reform-minded white paper had indeed confused the public, and that a
larger and more comprehensive forum involving ulemas was required
before any formal decision could be made.
When all was said and one, the only discourse that took place in
reality during the forum revolved around who is eligible to question
Islamic law. (003)
_________________________
Subscribe>>[EMAIL PROTECTED]
Unsubscribe>>[EMAIL PROTECTED]
Arsip>>http://groups.yahoo.com/group/perempuan
_________________________
PILIH PENERIMAAN E-MAIL:
1>satu-satu
2>rangkuman harian
3>akses di http://groups.yahoo.com/group/perempuan
_________________________
MAAF, MILIS INI TIDAK MENERIMA ATTACHMENT
<Mohon masukkan semua pesan di badan e-mail>
_________________________
Yahoo! Groups Links
------------------------ Yahoo! Groups Sponsor --------------------~-->
Does he tell you he loves you when he's hitting you?
Abuse. Narrated by Halle Berry.
http://us.click.yahoo.com/aFQ_rC/isnJAA/E2hLAA/BRUplB/TM
--------------------------------------------------------------------~->
***************************************************************************
Berdikusi dg Santun & Elegan, dg Semangat Persahabatan. Menuju Indonesia yg
Lebih Baik, in Commonality & Shared Destiny. www.ppi-india.org
***************************************************************************
__________________________________________________________________________
Mohon Perhatian:
1. Harap tdk. memposting/reply yg menyinggung SARA (kecuali sbg otokritik)
2. Pesan yg akan direply harap dihapus, kecuali yg akan dikomentari.
3. Lihat arsip sebelumnya, www.ppi-india.da.ru;
4. Satu email perhari: [EMAIL PROTECTED]
5. No-email/web only: [EMAIL PROTECTED]
6. kembali menerima email: [EMAIL PROTECTED]
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/ppiindia/
<*> To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
