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Tuesday, 21 April 2015

HUMAN RIGHTS IN ISLAMIC EDUCATION: CHALLENGES AND OPPORTUNITIES

By:
Agus Miswanto


HUMAN RIGHTS EDUCATION IN THE WORLD

Human rights becomes mainstream issues and core paradigm among people in the world today. And declaration and covenant of human rights has been ratified and adopted in laws and constitutions of many countries in the world. And we think that it is a good news for people. But, an approach through laws solely is not enough. Developing human rights awareness need many instruments to promote it among people. And the instruments which is viewed effectively is through education. 

Human rights education is a gate for translating human rights awareness especially for young generation. Even nowadays, in many part of the world, young group people are to be targeted of violence and harassment. Therefore, educating on human rights awareness among them are unavoidable to do.  Beside, building a human dignity would not exist, if each person of young generation does not have properly enough knowledge on protection and violence of human rights. Therefore, supporting the existence of human rights education from early age shall to be interest for every group and organization who pay attention the development of future generation. 

Human rights education commonly teach about Universal Declaration of Human rights and its covenants, values implied in human rights, and socialization on the example of violence cases and fighting to defend human rights. Besides that, although human rights are universal, introducing human rights as a system of law and new morality also require the comparative or contextualization of human rights values with local values or religious values which have been adopted by the people. Basically, all groups of people, religion and tradition uphold human dignity, but introducing a new concept usually triggers questions and doubt, before finally it is digested and accepted. Therefore, the contextualization of human rights values is unavoidable.

FORM OF CURRICULUM ON HUMAN RIGHTS IN SCHOOLS


Today, human rights education programs have been conducted through formal education or non-formal. In Indonesia, since July 1998, Curriculum Center of Research and development chamber of Indonesian National Education, together with KOMNASHAM (Indonesian National Commission of Human rights) and UNESCO have developed a pilot project of human rights education model in elementary schools in Cianjur, west java. In 1999, this project was upgraded to secondary school level (SMP and SMA), and higher education in Kupang, and Timor, east Nusa Tenggara. In Muhammadiyah Organization, the largest Islamic Organization in Indonesia, also has introduced human rights education reconciled with Islamic teaching since 2008, and this project was successful   

In other country, human rights education is still conducted, even the discussion on human rights become an essential element in almost all organizations and religious programs, including Islam. There are examples in many of part of the world in which Islam reconciled with human rights education. For instance, a comparative study on human rights documents in European tradition, America and Islam (human rights values in Al-Qur'an and Hadith), are joined together in lesson plan discussion of American Youth Muslim. This program is aiming at the introducing Islamic principles, and at the same time the clarifying the misconception on Islam which is frequently dubbed as a pro-violent religion and less appreciative on humanity. Human rights also become one of primary concerns of Kenya Muslim Youth Alliance, a prominent youth organization in Kenya. The commitment of activists and Islamic Institution on human rights also has received many awards and appreciation. For example, human rights education project in Al-Ghazaly Islamic High School in New Jersey, which supervises a case of conflict between Palestine and Israel, got human rights 101 award, from Thirteen/WNET Human right 101 New York. In 2003, Sherin Ebadi, a human rights activist Muslim woman from Iran, got a noble price on peace through her efforts to fight and defend against women discrimination.

Human rights education in formal schools does not mean to include human rights subject in curriculum. If it is to do so, the students would only receive the knowledge on human rights, but they cannot implement values implied in its content. It is the same case with the religious education and Pancasila (five pillars of Indonesian ideology) or civic education in schools which only focus on memorizing, but the students do not implement in their daily life. Besides that, adding a subject of Human rights in the curriculum will only burdens the students. Human rights education in school can be set up in the context of relationship between teachers and students which accord to human rights values, such as democratic relationship. Human rights values also can be instructed in the relevant core subjects, such as Al-Islam. 

Teaching on Al-Islam together with human rights insight is a part of efforts to reconcile human rights and Islamic Shariah.  Digging human rights values in Islamic teaching can reduce a doubt and controversy on human rights. Finally, exposing Islamic teaching which uphold the human dignity hopefully can educate students to be a Muslim not only believe in God and lead to be a pious, but also actively involved in building his/her rights and protect rights of others.

DEBATE ON COMPATABILITY OF HUMAN RIGHTS WITH ISLAM

Controversial issues on compatibility of human rights and Islam has been debated for long time. Commonly, the refusal do exist based on two reasons: (1) the reluctance of Muslim people to accept western doctrine. It is because of the traumatic experiences which is bearing Muslim people in a long colonial era. That western paradigm is viewed in negative assumption, which is only to be an instrument of western countries to dominate and to do harm in Islamic societies. And (2) there is a belief among Muslim people that only Islamic Shariah is solely valuable laws and ethics for Muslim people.  Because Islamic shariah is to be solely an instrument for Muslim people in which they can be independent far from the intervention and domination of western ideologies. These two views which is spreading among Muslim people not to accept human rights implementation among Muslim people.

These views are not properly acceptable, because, first, actually Muslim people has recognized human rights concept. The notion of upholding human dignity can be found in the historical tradition, cultural and religiosity of Islam,  nonetheless  modern human rights formulation which has yielded  the Universal declaration of Human rights (UDHR) theoretically is something new (Ihsan Ali Fauzi, 2008). Nonetheless, the modern human rights are not exclusive of western product. The drafting the declaration and covenant of modern human rights involved representative of religions and the number of countries in the world. Second, Human rights do not incessantly contradict with Islamic Shariah. One of efforts to reconcile human rights and Shariah has been done in 1990, when the representatives of Muslim countries integrated in the Organization of Islamic Conference (OIC) signed Cairo Declaration. The declaration declares that all elements of human rights is highly appreciative in Islam, but all has to be obedient under shariah. Although placing human rights under shariah become controversial issues and received many critics, the declaration itself is a strong evidence that human rights accords with Islamic values.


Tuesday, 14 April 2015

RETHINKING OF CLOSURE ON ISLAMIC PRESS JOURNALS IN INDONESIA


Agus Miswanto


Every people almost know that free expression and thoughts are guaranteed by the Indonesian state constitution.  There for, every people can express their idea freely, and can criticize some cases of social or political phenomenon. Criticizing upon the government is also guaranteed, even though it is very hard.  Indonesia has declared as one of democratic countries which uphold ideas and philosophy of democratic system adopted in state constitution and many state decrees. Democratic country shall honor independent press journals which is a part of pillars for democratic countries, beside civil societies, law enforcement, good governance, and general election. The existence of press journals in such countries denotes the indication of guaranties for free thought and expression of people. There for, if the state government intervenes deeply into press journals, such as contents have to get approval screening from the government authority, it indicates that free thought and expression is not fully guaranteed in this country. 

Press Journals in Democratic Countries

The important principles and fundamental tenets in democratic society are that challenge, even threat of thoughts, theories and paradigm is not answered by harassment treat. But it is accounted and taken into philosophical dialectic. All challenge and threat which come from the ideas expression of people would be put and grounded into philosophical debate which is free area for expression which people freely think, talk, and do critics upon them, and it is far from intervention of state power. So thoughts, paradigm, theories, and beliefs could not be punished, and all of them are guaranteed by the state constitution. There for all expression in press journals, even printed or on line, are fundamental rights for every people.  And the expression in press journals is fully independent without limitation, unless it is demanded by people through fair trial at the courthouse. The expression which drives fidgety of people and hatred can be sued through the courthouse and shall be punished, if only it is prosecuted through the courthouse which could be proof through process of fair trial. In democratic country therefore, government cannot close press journals without the decree of the court.  And closing press journals by the state government without trial is not democratic, even it is characteristic of dictatorship government.

Press journals in democratic countries function to control the state governments in dealing with its accountability. Besides, it also educates people to know what their rights in relation with the government and other people. Therefore, press journals shall give different shouting upon the government perspectives and acts. And some times, press journals must shout loudly towards such conditions which people have to know and aware of jeopardy. So, critics, even soft or hard, are fundamental tenets of press journals in democratic countries. But the critics have to be objective, fair, rational, and reasonable. Due to the situation, press journals must achieve remarkably up top position among people, and contribute positive intake credibly upon society.     

Islamic Press Journals in Indonesia

In Indonesia, the development of Islamic press journals is not so rebound; it is relatively too small compared to the number of Muslim people. Therefore, the existences of Islamic press journals in Indonesia to promote positive Islamic teaching to people, is slight needed, even it is much demanded. If the Islamic press journals are limited, and it is difficult to be accessed by people, it would be jeopardy to people and the state. When Muslim people cannot get available positive information on Islam, they would be easy to be a targeted group of brain washing by radical group. The brain washing is used to radicalize people, especially for people whose lack of information on Islam. In other word, almost minimal Muslim is to be targeted group, in which they are not educated in Islamic teachings. Why? Almost minimal Muslims do not have an adequate argument to answer challenges and critical question of radical group. In the contrary, educated Muslims on Islam, they are more open and can articulate good argument in debate although with high challenges and questions.  Therefore radical group shall face difficulties to spread and promote their ideologies among Islamic Universities students, because their ideological argument must be kicked out by brilliant argument of students there. Therefore, member of radical Muslim group linkage deals with uneducated people on Islam who is mostly not educated in Islamic universities.

Islamic press journals in Indonesia beside present normative Islamic values, also discuss much problem of social phenomenon to solve and search alternative solutions. Even some times, it do debate and answer many challenges and critical questions issued by other press journals which has different perspective and ideologies. Through many different topics presented, Islamic press journals educate people to aware of the situation and rights accordingly with Islamic tenets. Even though, Islamic press journals only give alternative information and solution to people, they have free choices to choose to read and do critics upon information and solution from abundant of press journals which is available among society. So abundant of different perspective or ideologies presented in Islamic press journals is not problematic for Muslim people, but it shall help them to open their mind.

In addition, the numbers of Islamic journals shall help the government to protect people from radical perspective, but give them wide horizon on Islam with different perspective. So, more richer content of Islamic press Journals, it shall make people more mature and wiser in perspective and paradigm. And more colorful perspective in content, it shall drive people to honor more different thoughts, ideologies and beliefs. Then, the number of Islamic press journals with wide range from soft paradigm to the radical paradigm, from left perspective to right perspective, from liberal to fundamental perspective, shall give credits toward mature of democratic mentality of Muslim people in Indonesia. So fear of the government toward the emerging of radical or fundamentalist group movement must be eliminated. In other word, the frightened government on Islamic press journals is not accounted, even misleading excessively.

The ISIS in Press Journals: Misleading Government

Social and political phenomenon which is driving the Indonesian government to close Islamic press journals is the emerging of the ISIS ideologies. The ISIS [Islamic State of Iraq and Syria) actually is Middle East phenomenon, especially in Syria and Iraq, but it drives wide implication of fear in many areas including Indonesia. To cut off the spreading of the ISIS ideologies, the government act screening to refine contents of Islamic press journals, even to block and stop the publishing of Islamic press journals in Indonesia. The reason which leads the government is that press journals are an instrument to promote radical ideologies to people, even as instrument to recruit members and sympathizers from Indonesian people to participate to do ‘jihad’ or holy war in Iraq and Syria.

Why does the ISIS succeed to frighten people and the government?  It is because of the ISIS is dubbed to have been spreading radical and harassment ideologies to people. Besides that the ISIS succeeded to do mimicry and turn camouflages from al-Qaida linkage, which is well-known as a radical Islamic movement commanded by Osama bin Laden. If we look up the history of radical Islamic ideologies in Indonesia, al-Qaida, the ISIS and Jamaah Islamiyah for example succeeded to develop linkage of ideological harassment movement in Indonesia through brain washing method and smuggling strategy. And brain washing method used by al-Qaida group (including the ISIS and Jamaah Islamiyah) and its wing or link in Indonesia is not through press journals. Because press journals spreads ideas and perspectives in very open way which people can read critically and independently, meanwhile al-Qaida or the ISIS group and its link is much closed, even smuggled. There for, al-Qaida or the ISIS develop linkage through doing smuggled small cell group strategy which its one or two cadre do meeting face to face with targeted persons or small group of people. Through this smuggled meeting, they do closed discussion and inject the indoctrination of radical ideologies to the targeted group of people. Therefore, the Islamic press journals are not possible to be an instrument for Islamic radical movement which characterized as smuggled and very close. Then, the closure of Islamic press journals by the state government is misleading and unreasonable.

Sunday, 12 April 2015

RETHINKING OF CONFLICTS IN IRAQ AND SYRIA


by Agus Miswanto


Most people have paid much attention to what happen in Iraq and Syria today, including Indonesian people. As Indonesian, I am very concerned what was popping up and blowing up by several Medias in the world spreading about conflicts and war in Iraq and Syria on western perspective. Most people, from the west to the east, from the north to the south, have blamed that problem maker in Iraq and Syria is The ISIS (Islamic state of Iraq and Syria). Objectively and critically, what happen in Iraq and Syria actually is not simple like we see in the surface and reported in several media today. Therefore, all problems what happen in Iraq and Syria burdened to the ISIS, is over simplified even cynical. Why? Because root of problem actually, it is based on western act and treat, especially American strategy to win domination over the Middle East area economically, militarily, and politically. Even though, I also do not agree with what the ISIS has done such torture, hatred, and killing innocent people, in which their treats have bad implication to people and Islam.

Iraq Conflict:  The US Interest

If we root three decade ago even more, American, even western has double standard. It could be seen in the conflicts between Iraq and Iran in 1980s. The US government in that time, was prominent supporter to Iraq in which, every people knew, that chief of Iraq was Sadam Husein; in later to be the most enemy of the US. Well-known as a strongest military in Middle East in that time, all military equipment of Iraq such air crafts, missile, bombs, was supplied by US and the Western.  Why the US and Western countries was to be supporters to Iraq? It was blatantly, that the US and its allies to defeat Iran which is an important allies of Russia. Iraq and Iran in that time, were prominent and the biggest exporters of oil in the world. So economically, the US had advantages due to the conflicts between Iraq and Iran. The US could export high technologies of arm to Iraq, in which of course, the need to arm equipment was very high. And it could be bartered by oil, in where Iraq produced it. Then, Iraq got the arm equipment and the US got oils which lowest cost. And politically, the US had double advantages: the first, the US could reach more domination in Middle East area, which made many allies of Middle East countries. Second, the US could defeat Iran which to be Soviet allies, without sending the troops in the battle area. So it was cheap cost to defeat Iran as Soviet allies in those areas.  

After the end of Iraq and Iran wars, Iraq was to be a strongest country in the Middle East. And the US did not want what Iraq had achieved. Because politically, the US domination in the Middle East in danger. There for, the US searched ways and strategies to block Iraq to be strongest military country.  One of strategies was, Iraq to be provoked to claim that Kuwait was one of parts of Iraq. Therefore, Iraq had rights to invade Kuwait due to that claim. Due to this situation, war in Middle East started in worst.  The US has a key to take intervention step through the UN, in which the UN released agreement toward the US military intervention to Iraq. To defeat Iraq, the US invited its allies from many countries to join military operation in Iraq. It was a brilliant strategy of the US government to defeat Iraq, in which the US was not single fighter to invade and occupy Iraq militarily and economically. So, the military operation by the US and its allies was not merely to save Kuwait, as motivation, but there was a hidden agenda; it was, actually operation of economical and political interest of the US Government; that was oil.

When, the US invading Iraq, the US did not merely release its troops in Iraq, but the US develop several paramilitary groups in Iraq to battle Sadam Husain. After defeating Sadam Husain, paramilitary groups want to develop a new country, a more democratic country than before. One of paramilitary groups which supported by the US was the ISIS like now. This group, actually, was small group which have allegation with other groups having same platform. The development of the group gradually has magnetic sympathy from diverse part of the world.  Therefore, many people who have sympathy to this group, they want to join although they have to take long journey to Iraq.

Arab Spring and the Syria Conflict: The US Proxies

In 2010, in which Arab spring started, it has contributions to the paramilitary groups in Arab to battle to topple and defeat the dictatorship system spreading in many Arab countries, including Syria. Syria although is well-known as having presidential system, like in democratic country, but the system is run in that country actually is not democratic. It is due to the concern of many western countries. Assad as president of Syria is like king in monarchies system. He is untouchable and powerful person. Therefore, there are many people who do not want such situation, especially in Syria itself. Whenever, the Arab Spring popped up in 2010, many groups in Syria took chance to challenge the government system of Syria to change.

To respond the challenge of several rebellions in Syria, Assad took hard action, even took army strategy to destroy and dismantle the rebellion rising in several Areas in Syria. The reason of Syrian government to take hard action is to protect the stability of government and state.  But hard action took by the government of Syria did not success, even give bad implication to people of Syria. Furthermore, many governments in Middle East and western countries reacted negatively toward what Syrian government has been taking. Even Syrian government was blamed to have mass killing in many areas of Syria. Furthermore, the sad situation was still running, western countries and the US government wanted that President Assad have to topple from the top position of presidential; of course the option was not accepted by Assad. But the western countries and the US did not have a key to take military intervention directly to Syria. Therefore, they took other strategy to arm many rebellion groups in Syria.  Even this strategy was also supported by the Saudi and turkey’s government. The US gave arm equipment supply to the rebellion in Syrian through Saudi and Turkey. So Saudi and Turkey actually are being proxies of the US government.

The Islamic State of Iraq and Syria: Unwanted American Proxy

Iraq and Syria 

The war and conflict in Iraq and Syria force people to live in bad condition and situation. Most people wherever they live, of course they want to live in safety. The western and US government give help such as military intervention and support several rebellion groups, actually people are accepted and they have dream that they immediately will live in good condition. Unlike dream, the situation and condition there is still running in bad condition, even the worst. The people have struggle and they have to determine what will happen in their future and they do not believe any more in western help and wish. 

The Islamic State in Iraq and Syria (ISIS) is actually integration of many groups of rebellion in Iraq and Syria to be one in chief under Abu Bakar al-Bagdadi commando. Many rebellion groups which separated and live in small group, they group in one chief commando. So this group, ISIS, become more famous and gradually accepted by people in Iraq and Syria. Even this rebellion could promote the attractive ideology, Islamic plate form, to people. Why, people in Iraq and Syria are interested? It is easy to answer; because of people in this area have a long time, lived under secular regime which suppressed them; dictatorship regime; Assad and Sadam is like. So whenever people in Iraq and Syria choose their future by supporting the ISIS due to secular regime before could not protect and secure them, their option actually is not fear of any country, even to be enemy in the world. May be it would be different, if the rebellion does not proclaim the state independently as Islamic state in Iraq and Syria. They would be getting support from many countries; especially the US and western Countries?

Saturday, 25 September 2010

ROLE OF RELIGIOUS LEADERS AS FEMINISTS IN ADVOCACY OF GENDER JUSTICE IN INDONESIA: A STUDY ON POLIGAMY ISSUES



by Agus Miswanto| Sept, 22, 2010

A. INTRODUCTION
Polygamy is one of interesting issues which usually become discourse and controversial among Muslim people in Indonesia. Since some people assume that polygamy is part of Islamic religious teaching giving men to allow merry more than one woman. On the other hand, some Muslim people oppose to this notion, and they argue that polygamy although at the first time was allowed, but due to the process of shifting condition and situation, polygamy is prohibited. Because practice of polygamy has deviant from the goal of marriage. This perspective can not be separated from the raising of feminism movement in the Muslim world today.

Islamic feminism1 is “characterized by a consciousness of oppression and repression towards women in society, the workplace and the family, as well as conscious actions by females and males to change the situation using the sacred texts as a foundation” (Fuad, 2007:272). Therefore, based on this perspective, one can be called feminist if he/she actively try to alter the situation of discrimination on the basis of sex, male domination and patriarchy, In line of this notion, however religious leaders have strategic position2 in the way of producing interpretation of religious text in fighting on gender justice. This essay would like to address about religious leaders role in addressing human rights against polygamy. How do they frame the issues, and what is the impact of their effort?

B. TRANSLATING HUMAN RIGHTS IN THE CROSS-CULTURE CONTEXT
Translating Human rights into the real context of society is the need a process and instrument. Sally Mary (2006a:40-43)suggest the use of culture as an instrument of translating human rights into society. In her perspective, culture can be used to frame and claim human rights. Of course, the use of culture needs new interpretation which fit and accord with human rights values (Marry,2006b:12). In line of Marry perspective, an-Naim (in Marks and Clapham,2004:395) also acknowledges that human rights usually denied and unrecognized by people due to out of culture legitimacy. In other word, culture plays a pivotal element in human rights advocacy. Otherwise the culture can be used as legitimacy, he suggest the use of cross culture critic to frame human rights, because culture is not always compatible with human rights, even it can destruct human rights. Therefore, critic against culture which offend human rights is unavoidable, before using it as instrument of legitimacy of human rights into society.

In the context of Indonesian Muslim, religious leaders try to reconcile the substance of Islamic doctrine with the values of universal human rights. Therefore, Indonesian Muslim intellectuals see that the application of universality of human rights has to consider differences of socio-cultural background (Fuad,2007:282). Due to this perspective, they have tried to make synthesis between the universalism and relativism of both Islamic and human rights in order to make both fit within the Indonesian context.

In line of reconciliation effort, religious leaders use Islamic language in translating universal human rights values. In this case, religious leaders look for universal values platform between universal human rights and fundamental values of Islam. Then, at the same time, they also pay attention to deconstruct shari‘ah which undermine women rights. In other word, they do not take shariah3 as granted, but shariah it self needs criticism. They see shariah is not a eternal product of Divine, but it is a profane product of human from certain era, schools, and places which has a different taste, culture and perspective (Fuad, 2007: 283).

C. RELIGIOUS LEADER ROLE IN ADVOCACY AGAINST POLYGAMY
Religious leaders have a pivotal role in transforming society and social justice. In the context of women rights, the role religious leaders can be seen their effort in transforming religious values in the context of social change. Regarding of polygamy issues, religious leaders seek the essence of religious values, give critic to product of the past religious text, and frame monogamy as an ideal form of marriage, as basis of their advocacy.

1. Finding Interpretation Theories of religious text as a basis of framing advocacy
According to Musdah Mulia (2010), the primary element undermining woman position in Muslim communities is religious interpretation constructed by religious authorities. Therefore, according her, the problem is not the religion it self, but people behind religious text. Therefore, reinterpretation of religious teachings (ijtihad), is a crucial solution to settle the problem. In other word, religious leaders in the modern era has to find a way of interpretation of religious text which can respond dynamic changes of the real context. This effort has been lasting for a century a go, in which Ulama and Muslim scholars see the legal theories from the past was not available to produce an interpretation fitting and proper with the contemporary context of Muslim society.

A number of Indonesian ulama has contributed in finding new legal theories exploited in interpretation of Islamic law. Few of them are such as Nurcholish Majid, Abdurrahman Wahid, Amin Abdullah, Munawir Sadzali, Hasbi ash-Shidiqy, Siti Musdah Mulia, Dawam Raharjo, Husain Muhammad, Nazaruddin Umar, etc (Wahid, 2008:55). In the way of interpretation, they carried out the religious text from theo-centric to anthropocentric, from elitist to popular nature, from deductive to inductive. Accordingly, religious leaders (ulama and Muslim scholars) interprets Qur’anic verses and al-Hadits from the perspective of public benefit (Maslaha), local wisdom, maqashid al-syari’ah, and public logic (ibid) Even Musdah Mulia and her team of CLD KHI use method of interpretation of Islamic law based on a vision consists of six points, that are pluralism (ta’addudiyyah), nationality (muwâthanah), upholding human rights (iqâmat al-huqûq al-insâniyyah), democracy (dîmûqrathiyyah), public benefits (mashlahat), and gender equality (al-musâwah al-jinsiyyah) (Wahid, 2008:54; Mulia, 2010).

2. Framing Polygamy as contradict to Islamic Messages
Principally, Islamic marriage is monogamous. It is understood from the message of polygamy limitation addressed by the prophet. Although it was lawful in the prophet era, but it was limited. Since polygamy had become a customary practice among Arab tribal, before and at the dawn of Islam. At that time, commonly, people practiced polygamy, and there was no limitation to have many wives. Therefore, after Islam come, the practice of polygamy was limited in number and the practice has to fulfill certain requirements. Message of the limitation, according to modern ulama, is that the practice of polygamy would be banned, if the condition of society change and achieve in the better civilization. The limitation is only the initial sign for banning polygamy in the future.

a. Polygamy contradict to Justice
Muslim religious leaders frame justice issues as a reason for prohibiting practice of polygamy. They see that polygamy practices has violated gender justice. According to them debate on justice which in Islamic law regulations on polygamy refers to such notions as giving equal provision to all wives, tends to be qualitative justice. According to Komaruddin Hidayat concept of justice in al-Quran refer to term al-qist and al-‘adl. Al-qist according to him, is a quantitative category, which concerned with the equal provision of material needs such as money, and this can be afforded by those who have more than one wife. Then, ‘adl or ‘adalah is a qualitative category in which it is more abstract in measure and difficult for people to achieve with regard to polygamy (Fuad, 2007:275). Therefore the person who can afford quantitative justice is not always the one who can satisfy the requirements of qualitative justice. In other word, doing polygamy is not allowed, because no one can afford qualitative justice.

In addition, when a husband can not afford a qualitative justice such as passion and love, consequently he has done discrimination among his wives. Therefore, accordingly it will lead to violet goal of Islamic marriage. Because, the primary core of a family is the existence of reciprocal respect and love among its members, therefore if a husband cannot respect the rights of his wife, the structure of the family will be damaged. Hence, polygamy is only a form of discrimination against and marginalization of women (Fuad, 2007:274).

b. Polygamy as a form of violence against women
Many religious leaders also see that practice of polygamy will form violence against women. For instance, decision of a husband to marry other women will only hurt heart of his wife, it is, because majority of women does not want to share love of her partner with other women. Psychologically, women will experience psychological harassment such as sadness, anger, feel to be isolated, and offended (Venny,2006). Furthermore, polygamy will trigger conflict among family members. In other word, polygamy only make uncomfortable situation among women, and will impact on family harmony. Therefore, polygamy contradict to maslahat of marriage, the goal of marriage will not be achieved. In addition, polygamy contradicts to concept of musawah al-jinsiah (equality relationship), passionate and love which is as a basis of marriage relationship. In this notion, that men and women are equal, there is no domination and subordination. In fact, polygamy is likewise a symbol of patriarchy culture, in which women become subordinated and as an object of male sexual.

D. IMPACT OF ADVOCACY TO PEOPLE
The way of interpretation of religious text has resulted new significant paradigm. Not only People hold on the product of religious text from the past, but they have an alternative interpretation in the new ways. In the context of polygamy, for example, therefore, they have a theological basis and framing as an instrument to give pathways in defending women rights against polygamy issues. Based on the frameworks, feminism movement has a strong basis theology to claim women rights. Musdah Mulia and her team, for instance, has succeeded in proposing Counter Legal Draft of Islamic Law Compilation (CLD-KHI)4, and become main discourse in public sphere. Her efforts aim at suggestion of amendment of Islamic law (KHI) which is used as resource in Islamic court. One of the purposes of amending KHI which is used in Islamic Court, is the existence of polygamy in that law.

Beside that, personally, the new frameworks of interpretation also give people bravery and encourage them to raise critic against religious text including polygamy notion. Abdurahman Wahid (Faqih,2003) for example, accused people who allow practice of polygamy, they do not understand the messages of Qur'an. Even, KH Husain Muhammad see practice of polygamy does not fit and proper with essence of Islam. Furthermore, the anti-polygamy movement in Indonesia increase from time to time. For instance, Dickson's research on Muhammadiyah women (Aisiyah)5 in Malang shows that majority of Muslim women see that monogamy is an ideal marriage, then the preference on monogamy marriage among them increased very significant from the prior research (Dickson, 2008:). Then based on a survey conducted by Indonesian Survey Foundation (LSI) together with Center of Studies on Islam and Society (PPIM) of State Islamic University of Syarif Hidayatullah, on March 2006, showed that almost 60% (57,4%) of Indonesia people was categorized to “refuse polygamy”, which consist of 53% of people declared "disagree", and 4,4% of people claimed "very strong disagree" (Martadikusumah: 3). Then, there are also many demonstrations from Muslim women and activists demanding the government to amend and alter Law 1/1974 on marriage. Because in this law, although the bond between husband and wife is basically monogamous, but the possibility of having more than one wife (polygamy) is open to all Muslim men.

E. CONCLUSION
Religious leaders has a pivotal rule in promoting human rights, although there are also many opposition from colleague. Religious leaders can function as bridge in transforming society from traditional views which has very strict to women, into modern society which has views of democratic and equality. The role of religious leaders give a legitimized framework of international and universal human rights applicable to the particular society, but also they function critic against religious norm which unavailable to society more reachable than others.

Polygamy which is legitimate rule in the frame work of traditional shariah, can be interpreted in the new way in which it is prohibited to do. Since the essence of limitation of polygamy in the time of prophet give indication of guaranteeing women from exploitation. As long as the process of time, the permission of polygamy is not available due to the essence of Islamic message on marriage. Beside that, requirement of qualitative justice as basis of relationship between men and his wives is difficult to be afforded. Likewise, polygamy also triggers violence against women, such as discrimination and conflict within family members.


REFERENCES

Dickson, ANNE LOUISE, 2007, Pandangan Ibu-ibu 'Aisyiyah di Malang Terhadap Poligami, http://www.acicis.murdoch.edu.au/hi/field_topics/anne_dickson.pdf, accessed in June 26, 2010
Faqih, Abdullah, 2003, Poligami dalam Perspektif Alquran, in Suara Merdeka: Perekat Komunitas Jawa Tengah, http://www.suaramerdeka.com/harian/0308/28/kha2.htm accessed in june 27, 2010
Fuad, Ahmad Nur, et al., 2007, 'Islam and human rights in indonesia: an account of muslim intellectuals' views', Al-Jami'ah, vol. 45, No. 2, http://ern.pendis.depag.go.id/DokPdf/jurnal/01-Al-Jamiah-vol-45-No-2.pdf
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Marry, SE, 2006a “Transnational Human Rights and Local Activism: Mapping the Middle”, in American Anthropologist, Volume 108, Issue 1 (p 38-51), http://www3.interscience.wiley.com.olr.iss.nl/cgi-bin/fulltext/120127451/PDFSTART, accessed in June 26, 2010.
Marry, SE, 2006b, Human rights and Gender Violence, Translating International law to Local Justice, Chicago, University of Chicago Press
Martadikusumah, H.R.A.G. Hanafi, Stigma Poligami dan Kesetaraan Jender (Perspektif Islam dan Hukum Perkawinan Indonesia), http://www.uninus.ac.id/data/data_ilmiah/STIGMA%20POLIGAMI%20DAN%20KESETARAAN%20GENDER.pdf, accesses in June 26, 2010
Mulia, Siti Musdah, 2010, Islam as a Tool for Women’s Empowerment and Peace Building, in Global Justice: Fights Against Discrimination and Inequality, http://justicerights.blogspot.com/#ab=-&dh=justicerights.blogspot.com&dr=&du=http%3A%2F%2Fjusticerights.blogspot.com%2F&dt=and%20Inequality%20
Oh, Irene, 2005, Islam and the Reconsideration of Universal Human Rights, http://www.irmgard-coninx-stiftung.de/fileadmin/user_upload/pdf/archive/042%20Oh.pdf, accessed in June 2006
Syamsiatun, Siti, 2004, ' The Origin of Nasyiatul Aisyiyah: Organising for Articulating Religious-based Womanhood in Pre-Independent Indonesia', This paper was presented to the 15th Biennial Conference of the Asian Studies Association of Australia in Canberra 29 June-2 July 2004, http://coombs.anu.edu.au/SpecialProj/ASAA/biennial-conference/2004/Syamsiyatun-S-ASAA2004.pdf, accessed in June 26, 2010
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Wahid, Marzuki, 2008, 'Counter Legal Draft Kompilasi Hukum Islam (CLD-KHI) from the Perspective of Politics of Law in Indonesia, http://english.pta-yogyakarta.go.id/artikel/lawarticles/260-counter-legal-draft-kompilasi-hukum-islam.html , accessed in June 26, 2010

Agus Miswanto is a lecture of Islamic studies at Muhammadiyah University of Magelang. He got his bachelor in Islamic law from the  State Islamic University of Sunan Kalijaga, Yogyakarta in 2000. Then he continued his master program at the same university in 2002, unfortunately he did complete it. In 2009, he was awarded a felowship program from Ford Foundation to take master on human rights, development, and social justice at ISS (International Institute of Social Studies Erasmus University) in the Hague, The Netherlands.

Thursday, 17 June 2010

Islam as a Tool for Women’s Empowerment and Peace Building


|Thursday, 17 December 2009 at 03:22|By Siti Musdah Mulia| Facebook|

This Essay was presented at Seminar in Melbourne "Islam as a Tool for Women’s Empowerment and Peace Building"

Siti Musdah Mulia is a Profesor on theology and Gender at the State Islamic University of Syarif Hidayatullah, Jakarta. She is also a reseacher at The Indonesian Institute of Sciences (LIPI: Lembaga Ilmu Pengetahuan Indonesia). She is well known as an human rights activist, especially she is very concerned on women and gender inequality.

Islam a source for women’s empowerment
As a Muslim woman, I do believe that the essence of Islam is revealed in the humanistic values it embodies. The most complete expression of those values is the recognition by Islam of the fundamental equality and unity of all humanity. All human beings are considered equal. All human are equally created by God. The only thing that differentiates one individual from another is the degree and quality of her devotion and obedience to God. And the only one capable of judging the quality of human devotion is God Himself.

Theologically, Islam is a blessing for all human being. There is no difference between male and female. Its teachings contain universal values that cover all aspects of human life, encompassing all the problems of human beings from the cradle to the grave. From the aspects of law, Islam covers various problems that human beings are facing in their role as both individuals and members of a society. From the psychological aspects, its teachings provide all-encompassing peace both materially and spiritually, physically and mentally. From anthropological aspects, its teachings are aimed at all the nations and peoples in the world.

Islam brings out the importance of the principle of equality among humankind. All the teachings of Islam bring to the fore the equality of standing and stature among human regardless of their sex, color, skin, geographical location, and social status, as provided in the Qur’an : O humankind, actually We have created you from a man and a woman and have made you nations and tribes so that you know each other. Verily the noblest person among you on Allah’s side is the person who is the most religiously devout to Allah among you. Verily, Allah is the Omniscient.

Even if there is a big difference among human, such a difference is not intended to oppress one another, to discriminate one another, and to be hostile towards one another. The main goal of the creating of human being is for a noble objective, that is, to know one another and to build mutual understanding among human.

The problem is that generally, Muslim community regards women as creatures whose share is half of that of her male counterpart, accordingly, woman’s rights of inheritance is only half of that of men; the number of goats offered for the akikah (ritual shaving of the head of in infant and ritual sacrifice seven days after birth) of daughters is half of that provided for sons; two woman witnesses are equalized to one man witness, and mahar (dowry), property brought by a bridegroom to his would-be bride) is always construed as the price of the vagina or the payment of the women’s body.

It is important to note that, in the context of women, the implementation of Islamic law in Muslim countries signifies the throwing back of women to the domestic confines of home, returning to passage of the principles of woman domestication; reestablishing woman subordination. It is blatantly evident that the efforts to implement Islamic law in the community first things first, always made with reference to the throwing of control over woman’s body, to the curbing of women activities, to the sending back of women to the domesticated life of home.

So, there rises a critical question: What’s wrong with women? And why are they always competed for in terms of public policy? The answer is very simple, is that: to conquer women means mastering life, controlling power, defending truth, and also maintaining morality in social life. As long as my work in this women issue, I have come to the conclusion that women always become objects of competition due to anything but their bodies, since they are embodiments of multifarious symbols: symbol of life, of power, of truth, of morality, and of purity of religious teachings. Women always become the first and paramount target of any campaign and effort of Islamic law implementation or formalization.

Islamic reinterpretation is a necessity
The main factor of the decrease of woman position in Muslim communities, is religion interpretation which are constructed by the owners of religious authorities, and that is not the religion it self. So that, the solution offered to settle the problem is reinterpretation of religious teachings or ijtihad.

It is very interesting to know that Muslim communities almost agree that ijtihad in the sense of building new interpretation and comprehension approach of Islam is a necessity, not only after the decease of the Prophet, even in the era of his life. The hadith of Muaz ibn Jabal indicates that necessity very clearly. The other hadith usually referred with regard to the importance of ijtihad is: innallaha yab’atsu ala kulli ra’tsi miati tsanah man yujaddidu laha dinaha. (Actually Allah will manages in every 100 years, a renewal agent who will renew the religious interpretation).

In my opinion, Islamic reinterpretation or ijtihad should be based on at least three principles as follows:

1. The principle of Tawhid
The core and foundation of Islam is the concept of tawhîd. Tawhîd is the basis for human devotion to God, and guides humankind on how to establish harmonious relationships among themselves. In every day life, tawhîd is the principal point of reference which leads guides humans to act correctly, in both their relations with God and with other humans and the universe. The sincere practice of genuine tawhîd will lead humans to a good life in this world and happiness in the hereafter.

What is the real meaning of tawhîd? When it is recalled that the essence of Islam is its system of human values, it becomes clear that tawhîd cannot be separated from our human relationships in every-daylife, and particularly the relationship between men and women. The next question, then, is what does it mean in the context of those relationships to acknowledge tawhîd?

This latter question leads us to a deeper understanding of the meaning of tawhîd, particularly its relation to and meaning for everyday life. This is important considering that the practical significance of tawhîd is often undervalued in such a way that it comes to be seen as an old-fashioned doctrine lacking any connection to the problems of contemporary life. Tawhîd is often superficially understood as a means for understanding the attributes of Allah, the pillars of faith, and so on. It no longer appears as a force that enlightens and liberates human being from injustice, oppression, and other forms of abuse, as was originally taught and practiced by the Prophet Muhammad.

From an etymological point of view tawhîd means ‘to truly know that something is one’. We can conclude, therefore, that tawhîd means to submit oneself completely to Allah and to no other, to obey all His decrees and prohibitions wholeheartedly, full of love and hope, and fearing only Him.

Many verses in the Qur’ân mention tawhîd, but the essence of the concept of tawhîd can be found in sûrah al-Ikhlas. This sûrah contains several important teachings, such as that Allah is one, that Allah is our support, Allah has neither parents nor offspring, and that Allah is utterly without equal.

The conviction that no human equals Allah has given rise to the principle of the equality of humankind, as all humans are Allah’s creatures. No human is superior to any other; all are fundamentally equal. No human may be deified in the sense of being made the source of guidance and support, to be feared, prayed to, and regarded as unquestionably correct. A king cannot be a god to his people, a husband cannot be a god to his wife, a rich person cannot be a god to a poor one. Because they are not gods, kings and leaders cannot be worshipped by their people like a god; an employee should not worship his or her employer; a wife should not worship her husband. Thus, fear of and unconditional obedience towards a king, a leader, an employer, or a husband that exceeds that which is accorded to Allah is a denial of the principle of tawhîd.

On a social level, the power of tawhîd gave the Prophet the courage to defend the weak, the oppressed and those who were rendered structurally and systematically powerless, such as women, slaves, and children, as well as those who were abused by their leaders and others who hold positions of power and hide their cruelty behind the name of God.

It is apparent, therefore, that tawhîd is not simply a static religious doctrine. It is an active force that enables mankind to recognize God as God and humans as humans. A genuine understanding of the meaning of tawhîd brings both salvation and prosperity to individuals and also forms the basis for a society that is moral, civil, humanitarian, and free of discrimination, injustice, cruelty, fear, and oppression towards individuals or groups. This is how the principle was used, taught, and introduced by the Prophet Muhammad PBUH.

2. The principle of Maqashid al-Syar’iyah
Although the Qur’an and Hadith generate and lay down legal binding rules, indeed, the number is very scanty compared to human problems, which require legal decision. Therefore, renewed interpretation or ijtihad is inevitable. Such ijtihad shall stick to Islamic legal resources namely the Qur’an and Hadith. In this regard, I would like to note that the understanding of the two resources shall not be based on literally meaning but rather more contextually with reference to the true objective of Islamic legislation (maqashid al-syari’ah). The objective of Syari’ah is clearly implemented in the value of justice (al-‘adl), virtue (al-mashlahah), wisdom (al-hikmah), equality (al-musawah), compassion (al-rahmah), pluralism (al-ta’aduddiyah), and human rights principles (al-huquq al-insaniyah).

Al-Ghazali, the prominent Islamic Scholar has formulated the values engraved in maqashid al-syari’ah into five basic principles of human rights which he designated as al-huquq al-khamsah. The said five human rights constitute the rights to live, rights to voice opinion freely, rights to have religion, right to have properties and right to reproduce offspring. The concept of al-huquuq al-khamsah subsequently leads to the importance of treating human beings as both the target and the subject of Islamic legislation.

Therefore, it is not exaggerated if Ibn al-Qayyim al-Jawziyah, a prominent scholar in Islamic Jurisprudence in the school of Hambali, has stated: Islamic legislation is actually established for the interest and benefit of humankind and for humanity universal objectives such as virtue, justice, compassion, wisdom, and so on and so forth. It is these principles that shall serve the guideline in legislation making, and must inspire all law-making actors. What so ever they are. Any deviation from this principle means running counter to the true ideal of the Islamic legislation itself.

The other inspiring statement made by Ibn Rusyd. He said that the benefits for humankind constitute the root of various legislations stipulated by God. Even more, Izzuddin Ibn Abdissalam has arrived at the conclusion that all religious provisions are entirely directed for the benefit of humankind.

It is very important to note that grounded in the theory of Maqashid al-Syari’ah, Ibn Muqaffa’ classified Qur’anic verses into two categories: Firstly, ayat ushuliyah (universal verses) which is universal in nature since it describes the fundamental teachings of Islam, such as the Qur’anic verses regulating marriage, inheritance and social transaction. Secondly, ayat furu’iyah (particular verses) which is particular in nature since it discloses specific matters, such as the verses explaining the principles of justice, peace, gender equity, human right, and wisdom.

Unfortunately, most Muslims pay considerable attention to and are too much carried away in the implementation of particular verses and pay no heed to and discard the universal ones. It is not surprising that Muslims’ appearance seems rigid, exclusive, and very unfriendly women.

3. The principle of fiqh relativity
As a Muslim, I no doubt that the Qur’an is eternal and absolute truth, but its interpretation is not absolutely eternal and ever-lasting. Its interpretation is always relative. The historical development of many schools of Islamic Jurisprudence (fiqh) constitutes a clear and positive evidence of the relative nature of the interpretation. Fiqh as we know today is truly the result of intellectual activity of Muslim scholars.

It is necessary to understand that a faqih, however objective he may be can hardly separate him self from his socio historical sphere, laws, traditions developing at the time of his life. Therefore, the codification of fiqh views prevailing in a gender – biased community will certainly produce books of fiqh which are misogynic.

Finally, I would like to recommend that Moslem people should realize that the Qur’an and the Sunnah are texts which should be read and interpreted contextually, namely by understanding the historical and political contexts on which the both were revealed. Context-based interpretation will lead us to an in-depth understanding and appreciation of the messages of universal Islamic morality, such as justice, peace, gender equality, human rights, affection, and freedom. It is this leading thread which should be understood when reading and interpreting the verses addressing the gender relation. It is this type of interpretation which will lead us to do efforts regarding women’s empowerment and peace building.

Allow me now to share my experiences have been highly focused on community development, particularly on women’s empowerment and peace building.

Promoting the health and reproductive rights of women
I devoted my time to this program for 20 years (1985-2005) through Fatayat NU organization. Fatayat NU is a young women organization in the circle of Nahdatul Ulema organization with the majority of membership at the grass-root level. The principal aim of this program was to promote women basic right, especially to woman groups at the grass-root level.

The implementation of this program in the society was not as easy as it was on paper. Because, talking about health means entailing a wide variety of other issues obtaining in the society, such as: community’s nutrition processing, ensured availability of potable water, environmental sanitation, the provision of immunization medication and family planning contraceptive, drugs and devices, the maintenance of health infrastructures and facilities provided by the government, and of no least importance was the family planning issue.

In addition, the table manner and is strongly influenced by religion-laden and legitimated patriarchal values. The culture and religious interpretation obtaining in the society indoctrinate that husband is the leader of the family. The man is the master, the boss of the household. As a consequence to this is that woman is no one but a maid, a domestic servant whose place of activity is never away from the kitchen. Therefore, men, fathers, or husbands are usually given the first helping to the meal with certainly larger portion and better quality.
Meanwhile, it is still considered that women (mothers and wives) shall wait for their turns. Because, the ideal wives are always considered as those who have great patience waiting for their husbands and never taking the meal before the husbands do. Customarily, they eat after their children do. It is not surprising that what they have is only the leftovers and thereby the food they have as the last diners is of lower quality.

Besides, society’s poverty has made them deprived of access to clean or potable water and to well-balanced nutritious food. Their religious standpoint also influences their decision to participate in the Family Planning program. Because, according to Islam as evidenced in a number of the Prophet’s hadiths (traditions) which appeal that married couples should have many children, and a strict prohibition of abortion. To make matters worse, there also goes the culture “The more children you have, the larger fortunes you will get”.

The success of this program was much attributed to the support and participation taken in by the eminent religious leaders. Through those leading figures, in a gradual but sure step are weeded out cultural values and religious interpretations which were not conducive to community development. Apart from this, we also adopted educative and advocacy approaches using the language and jargon of the religion. Because of this approach was deemed to be able to crash the deep-rooted tradition and gender-biased religious interpretation.

Thereafter, in a bid to increase the income of the community, we introduced income-generating program by providing rotating capital to the poor, underprivileged families. With such capital, women especially married ones were expected to be able to undertake economic activities, such as engaging in cookies-making, bags-producing, bridal making-up to increase the family’s income. Subsequently, such undertakings were in turn expected to fulfill the need of the entire members of the society for adequate nutrient’s and good health.

In the course of 20 years being engaged in this program, I really discovered and learned so many interesting lessons as follows: It was not easy to convince the society concerning the importance of maintaining children’s good health and the need of Family Planning Program. Several factors were presumably accountable for this unfortunate condition, which among others, were the lack of education; cultural values which always regard women as the object of development; and generally a mother is treated as a production machine; and still rampant gender-biased religious standpoints.

The biggest failure of this program was due to the placing women as primary targets. Meanwhile, the decision-makers in a family were generally men not women. The result is that the responsibility to take care children is back to the wives or the children’s mothers. The child’s father or husband does not view this as his duties. The same unfortunate condition also holds to the Family Planning program. As a result, the acceptors of the Family Planning program were predominantly women. Only few men (less than 1%) were willing to use birth control measures. On the other realm, the efforts to increase the family income poses multifarious burdens on women, and even had a tendency to bring about violence. Women still had to maintain the domestic household tasks while at the same time they had to distribute their time for the pursuit of family’s economic betterment. On the other hand, men do not care a damn to the efforts to fulfill children’s rights, including maintaining their sustainable lives. The men generally hold the view that the tasks to take care children all belonged to women or their wives!

Promotion of women political rights
To overcome the problem of society’s inferiority is offered an approach through the opening of public space, in which society have right to deliver their political vote. Its aim is to re-establish social democracy in the rural. This approach seems to be sufficient and effective rather than to start from the elite level. This is meant to increase capacity building of rural community about organizing government, particularly local government. Capacity of community is a constituent element in the frame-work of generating productive participations towards capacity local government. Without any capacity, the participation will be contra-productive against democracy spirit.

Political education to the villagers, especially women, is one of alternative process of democracy in our country. We hope that through this way they realize that democracy is one of the effective and efficient means for the manifestation of prosperity in each aspects of villagers’ life. Political education for the villagers might take the issues about democratic event like voter education.

My experience as a coordinator of voter education program, specially established for women voters at the grass-root level on the eve of the 1999 General Election in Indonesia is very relevant to be quoted on this priceless occasion. At that time I was an activist at Muslimat NU, a women wing’s Organization of Nahdlatul Ulama. This program was undertaken in 16 provinces in the pursuit of promoting woman political engagement, especially at village level where the majority of women live.

The Voter Education program lasted for almost a year, and it was concluded with the following important issues. First, the rural or village is the most numerous local community association found: 70% of the population live in the rural and more than 80% of them are women.

Second, even though Indonesia has become an Independent country for more than a half century, generally, women have not been aware of their rights especially political rights. As well, they have not understood what democracy means, and the importance of General Election in building Indonesian future, which is democratic, and establishing a just and prosperous society.

Third, this program has also made us aware of that political education has never been taught properly and systematically for women. The political system of the last New Order had treated political rights of women individually or collectively, in such way, that women experienced remarkable depolitization.

The depoliticization of women is reflected in the spontaneous questions and expressions cast by participants of voter education such as: In choosing a political party can we disregard parents’ views? As a wife, can we choose a political party which is different from that which is chosen by our husbands? Are not we sinful, to choose a party other than the ruling party? In choosing a party in an election, can we disregard opinion of imams or ulama? Is there any significance for women to be involved in politic? Is not politic dirty, cruel, full of hardships so that women should not be active in that sector? Is politic men’s domain because only men are entitled to be leaders?

Last but not least, it was appeared from the voter education that there are three women problems with respect to Indonesian politic: the problem of being insufficiently represented in public domain; the commitment of political parties are not yet gender-sensitive so that it can not yet provide enough access for the women interest; and the obstacles generated from bias-gender and bias-patriarchy cultural values and religious interpretation. In addition, people considerations that politic is dirty, cruel resulted in the unwillingness of women to be active in politic. There are not many women interested in politic because the role play in political party in internal policies in parliament has not friendly woman.

Proposing the Amendment of The Compilation of Islamic Law.
Social inequality and gender discrimination are not the result of any single cause, but arise from and are sustained by a variety of structural and ideological forces. One factor that has contributed to the preservation of gender inequality in Indonesian society is the law. Gender-based discrimination in the legal sphere operates on three dimensions simultaneously. First, on a structural level, insensitivity on issues of gender by officials with responsibility for enforcement of the law, especially among public prosecutors and judges, stimulates and reinforces gender inequality. Second, gender discrimination on the structural level is buttressed by unequal treatment of women under the substantive law. Finally, both the structures and the substance of the law are sustained by a legal culture that is suffused with patriarchal values.

A principal source of the patriarchal values that inform and legitimate the law is religion. Religious doctrine that has been incorporated in state law is an especially potent force for sustaining social inequality since the discriminatory values embodied in laws are justified and reinforced by religious authority. Groups that have been working to promote gender equality and fair treatment of women have long regarded marriage law both as a source of social problems and the cause of unfairness and inequality in the domestic life.

Family law is a matter of surpassing importance in Islam, and has been since the time of the Prophet. The law of marriage, divorce and inheritance is treated more thoroughly and in greater detail in the Qur’an than any almost other subject. One of the signal contributions of Islam to seventh century Arabian society was a dramatic improvement in the status of women within marriage. While Islamic doctrines regarding crimes and civil transactions have been replaced by laws modeled after the west in most of the Muslim world, family law continues to be governed by Islam.

The importance of family law within Islam is most often mentioned in connection with efforts to resist changes to classical era doctrines. Conservative rejection of proposals to limit male divorce and polygamy and to equalize male-female inheritance rights is frequently cited as evidence of the central place of family doctrine within Islamic jurisprudence. But concern with marriage and inheritance is not limited to conservative defenders of the received doctrine; family law is also vitally important to Muslims who are committed to reinterpreting or renewing the legal tradition in response to the needs and realities of contemporary life.

Regarding family life, Indonesia has The Compilation of Islamic Law (The Compilation). This Compilation is a code of marriage, inheritance, and charitable foundation rules that was promulgated in 1991as a guide for Indonesia’s Islamic courts. The Compilation was drafted by a committee made up of representatives from the Supreme Court and the Department of Religion, and ratified by an assembly of religious leaders convened by the government for that purpose.

The Compilation should be reformed because it discriminates against women. Again, the Compilation, especially regarding provisions on marriage have explicitly put Indonesian woman as a sexual object and substantiated woman subordinating position in terms of gender relation. Discrimination and inequality can be found in provisions on: definition of marriage, guardian in marriage, witness in marriage, age of marriage, dower of marriage (mahr), marriage registration, nusyuz, rights and responsibilities of spouse, earning livelihood, polygamy, inter-religion marriage, iddah (the waiting period), marriage contract and extra marital children.

In 2004, my team in Ministry of Religious Affairs has proposed The Amendment of the Compilation of Islamic Law in the name of the Counter Legal Draft of the Compilation of Islamic Law (CLD). This CLD differs from previous Indonesian family law, proposals in that the CLD embraces the implications of the Qur’anic commitment to equality and freedom in a thoroughgoing and uncompromising way. The code is constructed on the premise that the realization of the Qur’anic vision of the family can be achieved only if the values of equality and freedom are reflected in all aspects of the formation and regulation of marriage and family. The release of the code should be understood as a contribution and invitation to the ongoing quest to discover the true meaning of Islamic family law for contemporary Indonesian Muslims.

Promoting pluralism and peace building in pluralistic community
Indonesian Muslim community epitomizes a case of exceptional uniqueness. In spite of being designated as the world’s largest Muslim community, Indonesia is not an Islamic State. Such condition came up because the founding fathers of this republic -the majority of whom were Muslim- did not choose Islam as the foundation of the state. Rather, they chose Pancasila as state philosophical foundation and at the same time as the guideline in establishing the state’s political power. Certainly, such a choice was not made without reason nor was an easy thing to do.

Historical record has expressly displayed and born clear witness to the fact that the debate of the founding fathers of Muslim community had torn the group into two severely opposing poles: the nationalists and the Islamists was aggravatingly bitter and tough. The former advocated Pancasila, and the latter wanted Indonesia to be based on the Islamic Ideology. Such heated debate occurred in meetings prior to or in the wake of the Independence Proclamation, especially in the sessions held in the Parliament in the year of 1945. The choice of Pancasila as the foundation on which the state and nation life is based witnesses the victory of nationalistic Muslims. This fact also proves that since the onset Muslim key figures have put into account the importance of maintaining pluralistic and democratic value in shared life as nation in Indonesia.

The choice made was very realistic. There are at least two supporting reasons. First, Indonesia is the home to people of great ethnic diversity, with their respective distinct culture and language, inhabiting thousands of islands in the Nusantara Archipelago, spreading from Sumatera in the western tip to Irian in the most eastern part. Second, since long time ago communities inhabiting the Nusantara Archipelago have been known as religious communities who are willing to accept the arrival of religions originating from outside Nusantara, such as Christian, Islam, Budhism, and Hinduism. The logical consequence of this inclusiveness and of great tolerance, Indonesian society is highly diversified, adhering to different religions, not only to those aforementioned big religions but also to the hundreds of local religions which are generally beyond public cognizance.

The demise of Soeharto after more that three decades in power was followed by unprecedented political freedom, especially for Islamist groups who in the past had been severely restricted in the public sphere. As a result, Islamism flourished in as Muslims were now able to freely express and articulate their ideas in the public domain without fear of reprisals.

There were at least three important implications of the fall of Soeharto and his New Order Regime. First, is the establishment of numerous Islamic political parties that adopted Islam as their foundational basis, thus replacing the Pancasila. Second, is the emergence of Islamist groups throughout the country which considered by many as radical in their actions or ideology (or both), such as the Lasykar Jihad, FPI, Hizbut Tahrir and MMI. Third, is the growing demand for the formal implementation of shari'ah in some regions of Indonesia. Aceh was the first province to demand the application of shari'ah.

The main reason for implementing Shari'ah law throughout Indonesia is that Shari'ah is the most just law since it was revealed by God. The second reason is the failure of secular system. The past experience with Indonesia's legal system has shown that it has brought nothing less than brutality, a lack of justice, and corruption. The Increase in crime in Indonesia is mainly due to the use of secular law and the only solution to this problem is the implementation of Syari'ah law for it creates safety and establishes justice in society. All of this has left Muslim with a desire to see Shari'ah law implemented in Indonesia. The other reason is that the failure of communism and capitalism in the world should pave the way for Islamic law to be introduced in Indonesia.

Some of those Shari'ah law, structurally and specifically exert some rules of conducts on women. Alas, such regulations are not made in the framework of giving protection and empowerment, but rather more on their marginalization and restriction. The Shari'ah law have substantiated woman subordination, restricted women’s ways of personal donning; curbing woman’s activities and maneuver; as well as limiting their activities at night. Explicitly, such Shari'ah law has deprived, if not robbed women of their basic rights and freedom, rendering them as object of law and even worse, of sex. The Shari'ah law which disposed women of their sovereignty and dignity and are highly potential to trigger violence to women must be severely condemned and revised as they run against the honorable basic principles as stipulated in the 1945 Constitution.

A question rises, why does Shari'ah law always single women out as the main targets? The answer is not too far to seek. Most of the Islamist leaders still advocate the idea that women are morality-supporting pillars in society. So that, any efforts made to promote morality in the society must begin from women. This notion runs against the very truth of Islamic teachings, which underline that all Muslims whether be male or female, shall become morality-upholding creatures. Isn’t it true that the real intention of human beings to adhere to certain religions is to build morality which, in Islam, is designated as akhlak karimah (best characters).

Logical consequences of these teachings lead to the conclusion that men and women shall side by side become the morality-supporting agents. There won’t be any long awaited morality-grounded society ever come into being when only women are charged with and held liable for preserving moral values, as has been going on in the society up to this very minutes.
What also seems to be the problem is that the meaning of morality as construed by the Shari'ah law making bodies have been corrupted, deviating from the true sense of the words. Morality is only understood in the narrow sense of the word, only pertaining to norms of proper behavior and decorum and even reduced to merely the issues of female physical appearances.

In fact, what must actually be done is that when striving for the promotion of nation’s morality, the orientation to be adopted shall be more directed to the following endeavors: eradicating corruption which certainly has put the interests of many people at stake and has brought about acute injustice and grave depravity in the society; eliminating illiteracy, eradicating pandemic disease and doing away with drugs and HIV/Aids, wiping out all forms of pornographies, bringing children and woman trafficking to an end as well as abolishing all kinds of inhuman activities. Does the government uphold morality when it sees such crime go uncared?

Regarding this religion radicalism some solutions that have to be done. First, making critical action towards Islamic interpretations that has an extreme sense by look back to the substantive meaning of Islam. The way can also reveal the covered importance behind the interpretation that has burnt the hostility spirit rather than unity. Second, reconstructing religious tradition that put forward the spirit of non-violence, tolerant though enclosed with critical attitude. Third, the government must able to play its role in giving law protection fairly in the social life of society. Therefore, various religious consciousness and religious expression could enrich social discourse and creativity space besides spreading the beauty enchantment rather than the aroma of hostility and violence. On the other words, the government must not be the part that supports religious politicizing through arousing religion symbols that elicit the grudge and the rising of religious radicalism.

I have been being involved in the endeavors to promote pluralism and campaign of the right of religious freedom since 2000 as one of the founders of ICRP (Indonesian Conference on Religion and Peace). This advocacy institution was initiated from the growing of religion-based radicalism and the desire to formalize Islamic law in Indonesia post reformation era. Meanwhile Indonesian constitution and national laws expressly state that the right of religious freedom is a fundamental human right. Government guarantees freedom of religion both as human right and civil right for any citizen. This guarantee is also given by Islam.

As a Muslim woman and as a human being, I must do whatever I can do and give whatever contribution I can make. I do all of these efforts is just for establishing Islamic teachings that compatible with democracy and human rights; campaigning Islamic teachings that friendly women; and last but not least for the birth of a civilization which respects humanity. With however small contributions that I can give, there at some point time in the future I will never repent having lived in this mortal world.