Revival of draft Islamic code sought
Revival of draft Islamic code sought
Hera Diani, The Jakarta Post, Jakarta
Women activists are seeking to revive an alternative draft for an
Islamic code of law (KHI), which they say would help reduce
domestic violence cases.
They urged the government on Monday to revoke its decision to
annul the controversial draft issued by the Ministry of Religious
Affairs in October last year.
The National Commission on Violence Against Women (Komnas
Perempuan) argued that the alternative draft embraces progressive
thought in Islam as it puts women in a more powerful position in
marriage.
Designed by a team led by gender expert and Islamic
jurisprudence scholar Siti Musdah Mulia from the religious
affairs ministry, the draft was aimed at accommodating
contemporary issues and women's needs, instead of heavily
weighing on male interpretations.
Several articles of the draft include banning polygamy,
allowing interfaith marriages and giving women equal divorce
rights, as extended to men, as well as the right to marry without
the permission of a guardian.
The draft had, however, angered many Muslim clerics, with some
calling it satanic and others, comical. The Indonesian Ulema
Council (MUI) also opposed the draft.
Minister of Religious Affairs M. Maftuh Basyuni announced on
Feb. 14 that the controversial draft had been shelved due to
unrest among Muslims in the country.
Komnas Perempuan chairwoman Kamala Chandrakirana said the
government's revocation of the draft violated the peoples' right
to express their opinion and to explore or discuss new ideas.
"Pros and cons are part of democracy and human rights.
Besides, the draft was part of the government's gender
mainstreaming program, to open public discussions about gender
equity. Why should it be stopped?" she told a discussion on
Monday.
Kamala said the government had no reason whatsoever to halt
public discourse about the alternative draft, since it was part
of upholding human rights.
She revealed her commission's latest report showing that
violence against women had increased nearly 100 percent in the
past year, from 7,787 cases in 2003 to 14,020 cases in 2004.
Contributing factors, Kamala said, included "politicizing
religious identities", in which religious instructions were
interpreted in a black-and-white manner.
Moreover, a study by a Muslim-based women's organization, the
commission reported, showed several government policies had been
enacted to curtail women's rights.
A few examples included a bylaw enacted by the Tasikmalaya
regental administration in West Java, which obliges female civil
servants to wear jilbab (head scarves) in their offices, and
forbids women and men swimming together.
Similarly, a bylaw enacted by the West Sumatra administration
imposes a curfew for women that prohibits them from going out
between 10 p.m. and 5 a.m.
The report also disclosed how hard-line groups often launched
violent campaigns against "immoral" women, with most victims
being commercial sex workers.
Local government policies restricting women's rights were also
found to be widespread in several regions that have pushed for
the enforcement of sharia (Islamic law), such as Garut and
Cianjur regencies -- both in West Java; Banten, Riau and South
Sulawesi.