Muslim figures differ on draft amendment

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Leading figures of the country's mainstream Muslim organizations were divided on Tuesday over a draft amendment to the 1999 body of Islamic law, which some consider a "revolution" of sharia.

Muslim Abdurrahman, a noted Muhammadiyah scholar, suggested Indonesian Muslims be open to legal reforms.

"Basically, Indonesia Muslims live in a very comfortable atmosphere as there are options available to us. A Muslim here may choose whether to use Islamic law or not for their inheritance, for example," he told The Jakarta Post.

Muslim said Islam historically encouraged ijtihad (thought) about fiqih (jurisprudence) so it could adapt to changing situations.

"It's good if people are involved in a debate about the reform of sharia," he said.

However, Dien Syamsuddin, Muhammadiyah deputy chairman, said the legal draft was unlikely to get approval from mainstream Muslims.

"I think mainstream Muslim organizations here will consider this an argument, but that's all," said Dien, who is also the deputy chairman of the Indonesia Ulema Council (MUI).

He said the Ministry of Religious Affairs' team that proposed the legal draft had not yet discussed it with religious leaders.

"The government or the House of Representatives should not make a hasty decision to pass this draft into law as it has not become the accepted ijtihad of ulemas," he told the Post.

Dien played down the significance of the draft, saying it was proposed by "a small number of people".

Nahdlatul Ulama (NU) deputy chairman Masdar Mas'udi said he appreciated the usefulness of the draft but predicted it would face strong opposition from the majority of Muslims.

"There is no problem if (the government) intends on drafting a new law, but, if the law involves symbols of Islam, it must follow the logic of Islamic law, of which certain principles must not be violated," he said.

Islamic laws on family, such as the laws on marriage or inheritance, were always sensitive because their implementation depended on the strongly held beliefs of followers, Masdar said.

The new law could turn some Muslims away from their traditions, he said.

"A Muslim might prefer the national law to the Islamic law regarding inheritance, for instance," he said.

Ulil Anshar Abdala of the NU research and development division said new interpretations of Islamic law were inevitable in the modern world.

"Maybe most mainstream ulemas will oppose it, but we always should consider new ways of thinking," said Ulil, who is a founder of the Islamic Liberal network.

On Monday, the ministry of religious affairs announced the draft amendment to existing Islamic law, which has been effective since 1991.

The draft revises Islamic law in line with modern principles of justice, equality, universal brotherhood, civil society, religious pluralism and gender equality.

Muhammadiyah and NU are mainstream Muslim organizations. They have both adopted moderate Islamic teachings, which are different from the strict literalist interpretations found in some Middle Eastern countries like Saudi Arabia.

Separately, representatives of the Indonesia Mujahidin Council (MMI) visited the Ministry of Religious Affairs to convey their opposition to the draft which they deemed "controversial".

The group, whose leader Abu Bakar Ba'asyir is facing a trial on terrorism charges, said most articles of the draft were against Islamic teachings.