Islamic laws in the slow lane
AsiaViews, Edition: 18/III/May/2006
After failing to make their way into the amendment to the Constitution, Islamic laws have been appearing in regional regulations. There are even consultants on Islamic laws.
MUHAMMAD Muchsin was taken aback. This Regional Secretary for Bulukumba Regency, South Sulawesi, had just heard that Padang village, Gantarang, a village in his region, had put a flogging punishment into effect. This village regulation was originally the idea of the village chief, and supported by the Village Consultative Body (BPD), as well as by several local figureheads. "I really regret that I heard about this from others [and not from Padang village authorities]," said Muchsin.
The regulation, which was passed early this year, has been used to punish three people. Nasir was flogged for beating a child. Arifin received his lashes for molesting another, while Suharman was flogged last March on account of sending a letter to a woman which offended her husband.
The Regent of Bulukumba, A. Sukri Sappewali, has summoned Rukman A. Jabbar, the Padang village chief, for a clarification, on Monday two weeks ago. According to the village chief, this regulation was made as an extension of four regional regulations in Bulukumba which are based on Islamic law. Bulukumba has had regulations with Islamic overtones for over three years.
The four regulations deal with the poor-due tax, dress for Muslim women, ability to read the Qur'an for students and marrying couples, and a ban on the sale of alcoholic drinks. However, none of them indicate whipping as a punishment. The idea for the flogging punishment in Padang village led the regent to form a special team to investigate how this regulation is implemented.
Local regulations based on Islamic laws are currently popular in several regencies in South Sulawesi. At least six of the 24 regencies in South Sulawesi have adopted them, namely Enrekang, Gowa, Takalar, Maros, Sinjai, and Bulukumba. They have done so with good reason. Polling done by the regional government of South Sulawesi in early 2002 indicated that 91.11 percent of respondents agreed with the implementation of Islamic laws.
Public acceptance cannot be separated from the role of the Preparatory Committee for the Application of Islamic Laws in South Sulawesi. The Committee was formed in the South Sulawesi Muslim Community Congress six years ago. This Congress elected Abdul Azis Kahar Muzakkar the head of the committee. He is the son of Kahar Muzakkar, a leader of the DI/TII (Darul Islam/Tentara Islam Indonesia), a movement in South Sulawesi which fought for the formation of an Islamic State in the 1950s. In just one year the Committee was able to set up representative offices in all of South Sulawesi's regencies. They have held three congresses, in which it was decided to urge the executive and legislative bodies to process the use of Islamic laws in the province.
In their second congress in 2001, the Committee saw an opportunity to apply Islamic laws at the regency level through new regional regulations made possible with the onset of regional autonomy. Under the command of Abdul Azis, this body also proposed a Bill on Special Autonomy for Islamic Law in South Sulawesi. "Islamic law is non-negotiable," he said.
According to Abdul Azis, the number of regional regulations which currently exist cannot yet be called a complete system of Islamic law, but regulate matters having to do with the Islamic concept of "enjoining good deeds and preventing immorality." So it is only being applied at this level. This is because the punishments still come from the criminal legal system. "Any punishments given under an Islamic legal code must also be done the Islamic way," said Azis, who is also a member of the Regional Representatives Council (DPD) in Jakarta.
The popularity of the Committee fell during a series of terrorist bombings. At their second congress, which was held at the Haji Sudiang Dormitory in Makassar, December 2001, a bomb exploded and wounded three people. A year later, two bombs exploded in two buildings owned by Jusuf Kalla (currently the Vice President of Indonesia) in Makassar, killing three and wounding 14 others.
Since then, the police have begun to keep an eye on the movements of the members of the Committee. In all, eight of the 10 bombing suspects in Makassar are connected with the Committee and the Laskar Jundullah. This latter organization is the Committee's military wing, which was formed in response to the massacre of 200 Muslims at the Walisongo Islamic Boarding School, Poso, Central Sulawesi, in 2000. Agus Dwikarna, the commander of this militia, is also a Committee figure.
On March 13, 2002, Agus himself was arrested together with Jamal Balfas and Tamsil Linrung at the Manila airport on the charge of possessing explosives. Tamsil, an advisor to the Committee and a member of the House of Representatives from the Justice & Prosperity Party, was released a month later together with Jamal. Meanwhile, Agus is still being held in the Philippines.
"At that time, the image of our organization was associated with violence," said the Committee's Secretary-General, Aswar Hasan. This negative image has reduced the public's trust of the Committee. They have been operating in a vacuum for over two years.
The Committee has slowly been fixing the situation. Laskar Jundullah changed its name to the Youth of Islam Corps. They changed the color of their uniforms from black to white. They also reorganized their program by forming a working team in the run-up to the direct elections of some regional heads. The Committee also formed a working group to formulate regional regulations with Islamic overtones.
This revitalization was also done by initiating the Third Muslim Community Congress in Bulukumba last year. This Congress was attended by representatives from a number of regional governments and 36 membership-based Islamic organizations. Bulukumba was chosen as a model village to demonstrate the application of Islamic laws to the hundreds of Congress participants. After Islamic laws were implemented in Bulukumba, crime went down by up to 80 percent. This region was also able to collect four to five times as much zakat (alms tax) than tax revenue. Congress participants headed back to their home regions to promote examples of regulations with Islamic overtones.
According to a Tempo source, the group which is encouraging the application of regional regulations with Islamic overtones is a part of the Jamaah Islamiyah network. This group prefers the constitutional route and feels that terrorist bombings against symbols of the West can only bring a bad image and disrupt the network. "This group is more fluid," said the source. They have received support and have worked with other Islamic organizations. However, they still aspire to make Indonesia an Islamic state, and their struggle to implement these regional regulations is only the first step.
Although the Committee is only in South Sulawesi, several regions have passed regulations based on Islamic law. In West Java, a number of regencies have already passed anti-immorality regional regulations. Among them are: Indramayu, Tasikmalaya, Garut, Cianjur, the City of Depok, and the City of Cianjur. Regent of Indramayu, Irianto M.S. Syafiuddin, says that the emergence of anti-prostitution regional regulations was born out of Indramayu's negative image as a supplier of prostitutes to foreign countries. This regulation is aimed at the youths of Indramayu, and it is hoped that requiring proficiency in reading the Qur'an for graduating students will help deepen their understanding of religion.
The Preparatory Committee for the Application of Islamic Laws is not the only group involved. The spokesman of the Majelis Mujahidin Indonesia (MMI), Fauzan al-Anshari, also said that his organization is working hard to promote anti-immorality regulations in a number of areas. "I was assigned to work on West Java," said Fauzan. In addition to approaching legislative and executive government bodies, they also approach individuals.
The MMI downshifted after failing to include the part of the Jakarta Charter requiring Muslims to implement Islamic laws at the time the People's Consultative Assembly (MPR) amended the Constitution. At that time, they had drawn up a draft of proposed changes to the Constitution. In the MMI Congress, which took place in Solo three years ago, they began to compile a jinayat, a sort of criminal code. Fauzan al-Anshari lead the team which worked on the first draft. However, it is still not finished.
According to Ustad (teacher) Wahyuddin, the secretary of the board of advisors of the MMI, his organization stands ready to assist regions which are going to make regulations with Islamic overtones. "But only if asked," said Wahyuddin, who is also the Director of the Al-Mukmin Islamic Boarding School in Ngruki, Central Java. He has given input to Cianjur and Indramayu.
Unlike West Java and South Sulawesi, this movement has decreased the popularity of such regulations in East Java. Perhaps this is because of the sizable influence of the Nahdlatul Ulama (NU) organization there. According to Ali Maschan Moesa, Chairman of the Regional NU Administrators for East Java, the NU kiai feel that Indonesia's foundation and legal system have been finalized. They have never fought for Islamic laws to be applied in a national context. "The NU only encourages the application of Islamic laws among the people," he said.
In East Java, groups working to implement Islamic laws, such as MMI and FPI (Islam Defenders Front), have very small memberships. According to Ali Maschan, these groups consider Islam to be a universal religion. "If they are able to make Islamic law the state law, they are going to form an Islamic caliphate-a world Islamic government which does not recognize national or regional boundaries," he said.
From Aceh to Mataram
TO date, 22 cities and regencies have put into effect regional regulations with Islamic overtones. Some are anti-immorality regulations, others require schoolgirls to cover their heads. Many provinces have implemented similar regulations.
Nanggroe Aceh Darussalam
This is the only province to apply Islamic laws. These regulations are spelled out in Law No. 18/2001 on the Special Autonomy of Aceh.
Padang Pariaman
Issued Regional Regulation No. 2/ 2004 on the Prevention, Handling and Elimination of Immoral Acts.
Solok
Issued Regional Regulation No. 10/2001 on Obligatory Qur'an Reading Proficiency for Students and Marrying Couples. This regency also has Regional Regulation No. 6 of 2002 on the Requirement to Wear Muslim Dress.
Riau
Early last April, Hizbut Tahrir Indonesia, in cooperation with the United Development Party (PPP), agreed to form the Preparatory Committee for the Application of Islamic Laws in Riau.
Riau Archipelago
The City of Batam has issued Regional Regulation No. 6/2002 on Social Order. It is about the elimination of prostitution, regulating the dress of residents, and the elimination of unmarried couples living together.
West Sumatra
Regional Regulation No. 11/2001 on the Elimination and Prevention of Immorality has been issued.
City of Padang
The Mayor issued an instruction on March 7, 2005 on the Use of Muslim Dress.
West Pasaman
Implements the obligatory regulation for school students to wear Muslim dress.
Bengkulu
The City of Bengkulu has issued Regional Regulation No. 24/2000 on the Ban on Prostitution. The Mayor of Bengkulu has also issued Instruction No. 3/2004 on the Program of Faith-Strengthening Activities.
South Sumatra
Regional Regulation No. 13/2002 on the Elimination of Immorality has been issued. This measure has been imitated by the City of Palembang, which has issued Regional Regulation No. 2/2004 on the Elimination of Prostitution.
City of Jakarta
At the end of last April, the Jakarta branch of the Indonesian Ulamas Council (MUI) pressed the city's legislative council (DPRD) to deliberate the possibility of applying anti-immorality regional regulations in the capital.
City of Depok
The DPRD is currently deliberating a draft of a regional regulation on the elimination of prostitution and alcoholic beverages.
Banten
In number of regencies such as Serang, Pandeglang, and Lebak, women are urged to wear headscarves. The city of Tangerang issued Regional Regulation No. 8/2005 on the Elimination of Immorality.
Tasikmalaya
In 2001, the regent issued a circular regarding the effort to increase the quality of faith and religious behavior.
Garut
Issued Regional Regulation No. 6/2000 on Moral Behavior. The regent also formed the Preparatory Studies Body for the Application of Islamic Law in 2002.
Maros Regency
Issued Regional Regulation No. 15/ 2005 on the Qur'an Alphabet Literacy Movement.
City of Cianjur
The mayor issued a circular on August 29, 2003 regarding obligatory head covering for schoolgirls.
Indramayu
Issued Regional Regulation No. 7/1999 on Prostitution. There was also a circular from the regent regarding the obligation for school students to wear Muslim dress and to be proficient in the reading of the Qur'an.
Pamekasan
The regent issued Circular No. 450/2002 on the Institution of Islamic Laws.
Jember
Issued Regional Regulation No. 14/2001 on the Handling of Prostitution.
South Sulawesi
In mid-April, this province's DPRD passed a regional regulation on the teaching of the Qur'an.
Enrekang
Issued Regional Regulation No. 6/2005 on Muslim Dress and a regional regulation about proficiency in the reading and writing of the Qur'an.
Gorontalo
This province issued Regional Regulation No. 10/2003 on the Prevention of Immorality.
Gowa
Requires the wearing of headscarves for female government workers and additional hours for Islamic studies.
Maros Regency
Issued Regional Regulation No. 15/ 2005 on the Qur'an Alphabet Literacy Movement.
Sinjai
Issued a regulation about the use of headscarves for female civil servants.
Bulukumba
Issued Regional Regulation No. 4/2003 on Muslim Dress and a regional regulation on the ability of students and marrying couples to read the Qur'an.
West Nusa Tenggara
The DPRD in this province is currently planning a regional regulation requiring Muslim dress. This is also being done in the DPRD of the City of Mataram.
Takalar
Issued a regional regulation on Muslim dress.
By Agung Rulianto, Purwanto, Irmawati (Bulukumba), Verianto Madjowa (Gorontalo), Febrianti (Padang), Ivansyah (Indramayu)
Tempo, No. 36/VI/May 9-15, 2006
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