Draft Islamic Law Code reflects response of Muslim women<\/p>\n
Musdah Mulia, Jakarta<\/p>\n
From the beginning the compilation of articles under Islamic Law
\n(KHI), which is set out in 1991 Presidential Instruction No. 1
\nand is the guide for judges in the religious courts, has put
\nwomen's aspirations behind men's interests.<\/p>\n
The KHI, a body of Islamic law covering marriage, inheritance
\nand property issues, reflects the dominant view in fiqih, the
\nstudy of laws pertaining to ritual obligations in Islam, that
\nputs women in \"second place\" behind men. This can be seen in how
\nthe laws relate to polygamy and matrimonial bonds.<\/p>\n
However, it is both a man and a woman that unite in a marriage
\nand set up a family. Before Allah, they are equally hard-working
\nand enjoy equal appreciation. He will not discriminate against
\neither sex. And Allah will not put one sex above the other.<\/p>\n
The facts show, however, that cases of domestic abuse are
\ncausing great concern. Take, for example, the 2001 report from
\nthe minister for women's empowerment, which says that 11.4
\npercent or about 24 million women of the country's predominantly
\nMuslim population have, in one way or another, been subjected to
\nabuse.<\/p>\n
Most of them have experienced several forms of what one could
\ncall domestic abuse -- physical violence, economic deprivation,
\nrape, sexual harassment, adultery or polygamy. Most maltreatment
\nof women goes unreported. In many cases, the victims of the abuse
\nprefer to keep quiet about their plight. The data in the report,
\ntherefore, is likely to be the tip of the iceberg.<\/p>\n
Meanwhile, contractual marriages have taken place at an
\nincreasingly greater frequency, usually between rural women and
\nrich expatriates. A contractual marriage is a lucrative business
\nfor the brokers, most of whom are men. This marriage usually
\ndisadvantages the woman involved. When the contract comes to an
\nend, women do not enjoy the rights a normally married woman
\ndeserves. In polygamy, the practice of which is supported by
\nreligious arguments, a family often breaks up.<\/p>\n
In this context, a wife is powerless to stop the man from
\nmarrying up to four other women. Women are also disadvantaged in
\ncases related to unregistered marriages like siri marriages,
\nmarriages between a couple of different religions and the status
\nof illegitimate children.<\/p>\n
Nowadays, the state pays great attention to the interests of
\nwomen, as the ratification of a convention on women's rights, and
\nthe recent law on the abolition of domestic violence prove. The
\nunderlying spirit is that fighting for human rights also means
\nfighting for women's rights.<\/p>\n
Recently, many religious communities, for example, those
\nrepresenting Islamic boarding schools and religious
\norganizations, have actively been fighting for women's rights.
\nMuslim women are nowadays more often educated and consciously
\ninvolved in the movement to promote women's interests.<\/p>\n
Given this encouraging development, will the old KHI simply
\nbecome irrelevant to women's rights? Isn't it time now to review
\nit in response to new challenges? More importantly, should the
\nold Islamic laws be left behind because they are no longer
\nrelevant to the needs of Muslims and this pluralistic nation?<\/p>\n
The emergence of the new KHI reflects the response from Muslim
\nwomen. They are aware the majority of victims in cases of
\nviolence are Muslim women. The new KHI, therefore, reflects
\nMuslim women's efforts to bring about justice and gender
\nequality, from the perspective of Islam.<\/p>\n
Muslim women are fully aware that Islam is a religion that is
\nnot solely intended to favor men's interests. Islam is a religion
\nintended for all mankind, regardless of their sex, racial or
\nsocial background and religion. The spirit of Islam lies in its
\nliberating ethics, as reflected in its concept of tauhid, or the
\nunity of Allah, which may be taken as a sincere confession of
\nhuman equality and unity. All people are equal and come from only
\na single source of origin, Allah. What distinguishes one person
\nfrom another is only their achievements and the quality of their
\ndevotion to Allah.<\/p>\n
What about divine inspiration? During the launch of the draft
\namendment to the KHI in Jakarta some time ago, some people
\ncommented the new KHI was \"heretical\", \"secular\" and \"deviated
\nfrom the concept of religious divine inspiration.\"<\/p>\n
Celestial inspiration is meaningless unless it is construed as
\nthe participation of a religious community thanks to Allah's
\nintimacy. As two great sufis, Ibn Arabi and Rabiah al-Adawiyah,
\nhave pointed out, women, with their femininity, can better feel
\nthe intimacy and warmth a divine inspiration transmits. A divine
\ninspiration is the vital elan of life, a trail-blazer towards
\npeace and harmony in nature. It is in this context of intimacy
\nwith a divine inspiration that Muslim women have taken the
\ninitiative to act as the pioneers of peace, rehabilitation,
\nreform and reconciliation.<\/p>\n
Does this activity belong to heresy or secularism? In the
\n1930s and 1970s, there was a difference in opinion between \"the
\nolder generation\" and \"the younger generation.\" The former
\ngeneration always used the terms \"heresy\" and \"secularism\" to
\nmuffle Muslims' creative differences and individual
\ninterpretations. The latter, meanwhile, accepted changes in
\nreligion along with changes in technology and social structure.<\/p>\n
Obviously, the terms \"heresy\" and \"secularism\" are not part of
\nscientific arguments because they are alien in the nomenclature
\nof ushul fiqih, where ijtihad, or individual interpretation is
\ndwelled upon.<\/p>\n
To practice ijtihad in fiqih is a good deed: If you are right,
\nyou will be entitled to two rewards; if not, you will still
\ndeserve one. The use of these two terms -- heresy and secularism
\n-- fails to reflect Muslims' intimacy with the ever-dynamic
\nconcept of divine inspiration.<\/p>\n
Muslims need to be refreshed in their lives. Muslim women
\nrespond to this need by the attention they pay to improving the
\nwell-being of Indonesian women. The new KHI reflects the ijtihad
\nof Muslim women in promoting Islam as a religion that is not only
\nfriendly to women but also blesses the entire universe.<\/p>\n
The writer is the director of religious research and social
\naffairs at the Ministry of Religious Affairs. Her team has
\nrecently completed a draft amendment to the body of Islamic Law.
\nThe draft has triggered strong controversy and the ministry has
\nwithdrawn it.<\/p>",
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