Govt initiates 'revolution' in Islamic law<\/p>\n
Muninggar Sri Saraswati, The Jakarta, Jakarta<\/p>\n
The Ministry of Religious Affairs launched on Monday a legal
\ndraft amendment to the 1991 body of Islamic law, a move that
\nseveral moderate Muslim scholars say could be part of a
\n\"revolution\" in sharia.<\/p>\n
However the draft, which allows interfaith marriages,
\nprohibits polygamy and promotes gender equality, quickly received
\nstrong criticism from mainstream Islamic law experts in a
\ndiscussion during its launch.<\/p>\n
The draft was compiled by a team led by Muslim gender expert
\nSiti Musdah Mulia and set up by Minister of Religious Affairs
\nSaid Aqil Hussein Al-Munawwar.<\/p>\n
It introduces some major developments to Islamic laws adopted
\nin Indonesia, which comprises law on marriage, law on inheritance
\nand law on waqaf or valuable assets donated for religious or
\ncommunity use.<\/p>\n
The major changes include allowing interfaith marriages that
\nare banned under existing marriage laws.<\/p>\n
Team spokesman Abdul Moqsith Ghazali said the Koran, which is
\nthe main source of sharia, allows Muslims to marry others of
\ndifferent religions.<\/p>\n
\"There is no verse banning Muslim women from marrying non-
\nMuslim men. If it is not ruled, it does not mean it is
\nforbidden,\" he told the discussion.<\/p>\n
Abdul argued one of Prophet Muhammad sons-in-law was not a
\nMuslim, although he embraced Islam eight years later.<\/p>\n
Although the prevailing marriage law prohibits interfaith
\nmarriages, many Muslim women have married non-Muslim men or vice
\nversa.<\/p>\n
In order for their marriages to be recognized by the state and
\nfor their children to obtain birth certificates, many of them had
\nto convert to the religion of their spouses. For some wealthy
\ncouples, they generally married abroad.<\/p>\n
Abdul said the country's Islamic laws compilation does not
\nmeet universal principles of Islam, such as equality, brotherhood
\nand justice, basic principles of civil society including
\npluralism, gender equality, human rights and democracy.<\/p>\n
Cleric Husen Muhammad of the Darut Tauhid Islamic boarding
\nschool in Cirebon, West Java, welcomed the draft amendment and
\nurged Muslim scholars to make Islamic teachings more friendly to
\nthe changing environment.<\/p>\n
\"Do not make a textual analysis only,\" he said. Muslim
\nscholars should also consider present realities in interpreting
\nthe sharia.<\/p>\n
Also, Ulil Abshar Abdalla of the Islamic Liberal Network
\nhailed the draft. \"It's very radical not only for Indonesia but
\nalso for all Muslim countries, if not the world,\" he said.<\/p>\n
\"It would be a significant revolution in Islamic law, if the
\nHouse of Representatives passes it,\" he said.<\/p>\n
Those opposed to the draft included Hasanuddin Aef, a member
\nof the Indonesia Ulemas Council (MUI) and an Islamic law
\nprofessor, who said the draft did not refer to the Koran and
\nSunnan or Hadits (a collection of stories interpreting the words
\nand deeds of the Prophet Muhammad, which serves to explain the
\nKoran).<\/p>\n
\"I am a moderate person, but I think this (draft) is based on
\nemotions,\" he said.<\/p>\n
Similarly, Islamic law expert Tahir Azhary from University of
\nIndonesia, said most of the articles in the draft should be
\nrejected, including those on interfaith marriages.<\/p>\n
Muslims were forbidden to marry non-Muslims, he said,
\nreferring to the Al-Baqarah Verse 221.<\/p>\n
\"The existing Islamic body of law has accommodated the
\naspirations of ulemas and Islamic law experts who use the Koran,
\nSunnah and Ra'yu (reason) as references,\" Tahir said.<\/p>\n
Religious affairs minister Said Agil Hussein Al-Munawwar said
\nthe draft was expected to draw opposition but the reformation and
\nreinvention of Islamic laws in Indonesia would be far better than
\ncampaigning to formalize sharia.<\/p>\n
\"Sharia without strong efforts to reform and reinvent Islamic
\nlaw within the Indonesian context will only create problems,\" he
\nsaid.<\/p>\n
Issues Existing body of Draft amendments<\/p>\n
Islamic laws<\/p>\n
Definition of a form of prayer not a prayer but a
\nmarriage common social contract<\/p>\n
wali (male a prerequisite a woman could marry on
\nrelative her own without consent
\nlegally
\nresponsible for
\nthe bride)<\/p>\n
Witness of men only men and women
\nijab kabul
\n(marriage oath)<\/p>\n
Minimum age for 16-years old for a bride 19 years old for both
\nbride and groom 19-years old for a groom<\/p>\n
Interfaith strictly banned allowed
\nmarriage<\/p>\n
Polygamy allowed with conditions banned<\/p>\n
inheritance children whose religions are allowed<\/p>\n
not Islam are not eligible<\/p>\n
to inherit their parents' wealth<\/p>\n
waqaf people who have different allowed<\/p>\n
religions could not give or<\/p>\n
accept waqaf<\/p>\n
breadwinner the responsibility of husbands the responsibility of both<\/p>\n
husband and wife but the<\/p>\n
wife's reproductive responsibility<\/p>\n
is more important than work<\/p>\n
out-of-wedlock deserve inheritance from mother deserve inheritance from mother and
\nchildren only, even if their biological biological father, if their<\/p>\n
fathers are known identities are known<\/p>\n
divorce and a wife has no right to divorce a wife has right to divorce and
\nre-marry and to re-marry a husband to re-marry a husband<\/p>\n
source: the draft ammendment to the body of Islamic law<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/govt-initiates-revolution-in-islamic-law-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }