The injustices inherent in sharia by modern standards of equal dignity and protection under the law are compounded by the fact that sharia knows no concept of limitations on the power of government, except as outlined by divine fiat. In Indonesia as in the West, there exists the substantial risk that an inattentive or deceived populace will simply take it on faith (no pun intended) that sharia encroachment will stop on its own once there is “enough” sharia and “reasonable” accommodations are made.
“Indonesia – Sharia-based laws creep into half of provinces,” from Compass Direct News, February 2:
DUBLIN, February 2 (Compass Direct News) — As candidates hit the campaign trail in preparation for Indonesia’s presidential election in July, rights groups have voiced strong opposition to an increasing number of sharia-inspired laws introduced by local governments. They say the laws discriminate against religious minorities and violate Indonesia’s policy of Pancasila, or “unity in diversity.”
With legislative elections coming in April and President Susilo Bambang Yudhoyono likely to form a coalition with several Islamic parties for the July presidential election, such laws could become a key campaign issue.
Although Aceh is the only province completely governed by sharia (Islamic law), more than 50 regencies in 16 of 32 provinces throughout Indonesia have passed laws influenced by sharia. These laws became possible following the enactment of the Regional Autonomy Law in 2000.
The form of these laws varies widely. Legislation in Padang, West Sumatra, requires both Muslim and non-Muslim women to wear headscarves, while a law in Tangerang allows women found “loitering” alone on the street after 10 p.m. to be arrested and charged with prostitution. Other laws include stipulations for Quran literacy among schoolchildren and severe punishment for adultery, alcoholism and gambling.
“Generally the legal system regulates and guarantees religious freedom of Indonesian citizens “¦ but in reality, discrimination prevails,” a lawyer from the legal firm Eleonora and Partners told Compass.
Some regencies have adopted sharia in a way that further marginalizes minority groups, according to Syafi”I Anwar, executive director of the International Center for Islam and Pluralism.
“For instance, the Padang administration issued a law requiring all schoolgirls, regardless of their religion, to wear the headscarf,” he told the International Herald Tribune. This is unacceptable because it is not in line with the pluralism that the constitution recognizes.”
Freedom of religion is guaranteed by Article 29 of the country”s constitution, he added. “Therefore the government must assist all religious communities to practice their beliefs as freely as possible and take actions against those who violate that right.”
While Indonesia’s largest Muslim group, Nahdlatul Ulama (NU), has publicly denounced the implementation of such laws, other groups actively support them. The Committee for the Implementation and Maintenance of Islamic Law (KPPSI) has held several congresses in Makassar, South Sulawesi with the goal of passing sharia-inspired legislation and obtaining special autonomy for the province, similar to that in Aceh.
KPPSI has also encouraged members to vote for politicians who share their goals, according to local news agency Komintra.
In February of last year, Home Affairs Minister Mardiyanto declared that the government saw no need to nullify some 600 sharia-inspired laws passed by local governments. His announcement came after a group of lawyers in June 2007 urged the government to address laws that discriminated against non-Muslims.
Moderates were alarmed at Mardiyanto’s decision, fearing it would encourage other jurisdictions to pass similar laws. Last August, Dr. Mohammad Mahfud, newly re-elected as head of the Constitutional Court, slammed regional administrations for enacting sharia-inspired laws.
“[These] laws are not constitutionally or legally correct because, territorially and ideologically, they threaten our national integrity,” he told top military officers attending a training program on human rights, according to The Jakarta Post.
Mahfud contended that if Indonesia allowed sharia-based laws, “then Bali can pass a Hindu bylaw, or North Sulawesi can have a Christian ordinance. If each area fights for a religious-based ordinance, then we face a national integration problem.” According to Mahfud, sharia-based laws would promote religious intolerance and leave minority religious groups without adequate legal protection.
Under the 2000 Regional Autonomy Law, the central government has the power to block provincial laws but showed little willingness to do so until recently when, bowing to pressure from advocacy groups, it pledged to review 37 sharia-based ordinances deemed discriminatory and at odds with the constitution….