http://www.thejakartapost.com/detaileditorial.asp?fileid=20061110.F05&irec=4
Indonesia in need of gender-based sharia laws Dewi Candraningrum, Asienhouse, Germany The rapid implementation of regional autonomy has accelerated the adoption of sharia-based bylaws. The number of regencies, mayoralties and provinces which have adopted or are in the process of adopting these bylaws continues to increase, despite the growing concern that such laws are discriminatory because they fail to provide sufficient protection for non-Muslim residents. Many Muslim organizations, parties and people strongly support the implementation of sharia, because they believe it offers the most comprehensive and workable system for ruling society and the local government. There is no unified voice within Indonesian Muslim society, however, regarding sharia bylaws. There are many Muslim clerics, scholars and followers who support sharia, as well as many who oppose it. The most well-known clerics and scholars who oppose it are former Indonesian president Abdurrahman "Gus Dur" Wahid, who is also a former chairman of Nahdlatul Ulama, and Syafii Ma'arif, former Muhammadiyah chairman. The controversy over sharia bylaws is often blamed on differences in the interpretation of sharia. The more gender-based interpretation of sharia is often a target of criticism. The transformation and rejuvenation of gendered sharia within the Indonesian context is led by two significant movements: those at the theological level and those at the cultural level. At the theological level, conservatives and progressives have both contributed to the dynamic of sharia debate. For conservatives, sharia is based on a literal interpretation and application of the Koran and Hadiths. Progressives, on the other hand, have argued that such a literal application should be tempered by a historical inquiry in search of a more appropriate and progressive interpretation of sharia. The influential progressive circle is led by two groups. The Centre for Training and Information on Islam and Women's Rights Issues (Rahima), chaired by Farha Ciciek, focuses on the empowerment of women from an Islamic perspective. Rahima focuses on the need for information on women's rights in Islam. It believes a democratic society can truly realize human rights only if it fulfills women's rights. Rahima empowers women through awareness-raising activities. Its goal is to encourage Islamic discourse in order to strengthen the position of women within Islamic society. In this way it hopes to create a sustainable democracy in Indonesia. The second one is the Religion and Gender Evaluation Institute, founded by Siti Musdah Mulia. In her view the ratification and formalization of sharia law only hinders women's rights, because its interpretation is insensitive to gender equality. Siti argues sharia is a universal teaching transferred by God to the Prophet Muhammad. That teaching was interpreted by various Islamic schools of thought. Thus, it is relative and open to rejuvenation and reinterpretation in different contexts. She proposes a more contextual and gendered interpretation of the sharia. This interpretation is championed by Muslim feminists who have had to face severe fatwas branding them as infidels. Siti and her team proposed a revision of the marital and family law in Islam, which was seen as violating the standard compilation of Islamic laws. The Indonesian Ulema Council has tossed out her proposal. She also argues for widespread education about sharia law so that people can evaluate it critically, rather than just accepting the interpretations of conservative clerics. The theological reform of sharia law is mostly championed by female activists from NU and Muhammadiyah. What these two movements do not have is a role in politics. Gendered political movements in Indonesian Islam have been very rare. Men have been allowed supremacy in interpreting sharia law. The establishment of the National Commission for Women Protection in overcoming these political obstacles. The Commission has conducted thorough studies on several sharia bylaws to ensure they would not be discriminatory. Sharia bylaws should be formulated with the help of experienced and well-informed legal advisers. These experts should also be familiar with the "gender-mainstreaming" program conducted by the State Ministry for Women Empowerment. Given the many factors behind the formulation of sharia bylaws, all elements of Indonesian society should support further assistance in drafting them. The writer teaches at Universitas Muhammadiyah Surakarta. 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