INDONESIA: SHARIA-BASED LAWS CREEP INTO HALF OF PROVINCES


Islamic-based legislation may be a key issue in this year’s elections.

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.

 

‘Threatening’ Decision

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.

Such reviews are politically sensitive and must be done on sound legal grounds, according to Ridarson Galingging, a law lecturer in Jakarta.

“Advocates of sharia-based laws will stress the divine origin of sharia and resist challenges [that are] based on constitutional or human rights limits,” he told The Jakarta Post. “They maintain that sharia is authorized directly by God, and political opposition is viewed as apostasy or blasphemy.”

 

Empowering Vigilantes

A national, sharia-inspired bill regulating images or actions deemed pornographic sparked outrage when presented for a final vote in October last year. One fifth of the parliamentarians present walked out in protest, leaving the remainder to vote in favor of the legislation.

The bill provided for up to 15 years of prison and a maximum fine of US$1.5 million for offenders.

“This law will only empower vigilante groups like the Islamic Defender’s Front (FPI),” Eva Sundari, a member of the Democratic Party of Struggle (PDIP) told reporters. FPI is widely-regarded as a self-appointed moral vigilante group, often raiding bars and nightclubs, but also responsible for multiple attacks on churches.

“Many of the members are preparing for elections and looking for support among the Islamic community,” she added. “Now they can point to this law as evidence that they support Islamic values.”

Although several Golkar Party politicians support sharia-based laws, senior Golkar Party member Theo Sambuaga has criticized politicians for endorsing such legislation to win support from Muslim voters. Several major parties openly back sharia laws, including the Prosperous Justice Party (PKS), the United Development Party, and the Crescent Star party.

 

Key Election Issue

Sharia-based laws may become an even hotter election issue this year as a change to the voting system means more weight will be given to provincial candidates.

Political analysts believe Yudhoyono must form a coalition with most if not all of the country’s Islamic parties in order to win a majority vote against the Golkar party, allied for this election with former president Megawati Sukarnoputri’s PDIP.

The coalition Yudhoyono could form, however, likely would come with strings attached. As Elizabeth Kendal of the World Evangelical Alliance wrote in September 2008, “The more the president needs the Islamists, the more they can demand of him.”

In 2004, Yudhoyono partnered with the NU-sponsored National Awakening Party, the National Mandate Party (founded by the Islamic purist organization Muhammadiyah) and the PKS to achieve his majority vote. Analysts predict PKS will again be a key player in this election.

Few realize, however, that PKS draws its ideology from the Muslim Brotherhood, a group formed in Egypt in 1928 with a firm belief in Islamic world dominance. Crushed by the Egyptian government in the 1960s, members of the Brotherhood fled to Saudi Arabia, where they taught in the nation’s universities – influencing the future founders of Al Qaeda, Hamas, and Sudan’s National Islamic Front.

The Brotherhood took root at a university in Bandung, West Java in the 1970s in the form of Tarbiyah, a secretive student movement that eventually morphed into the Justice Party (JP) in 1998. Winning few votes, JP allied itself with a second party to form the PKS prior to the 2004 elections.

Since then, PKS has gained widespread support and a solid reputation for integrity and commitment to Islamic values. Simultaneously, however, PKS leaders are vocal supporters of Abu Bakar Ba’asyir, leader of the terrorist group Jemaah Islamiyah (JI).

Sadanand Dhume, writing in the Far Eastern Economic Review, says the two organizations have much in common. In its founding manifesto, PKS calls for the creation of an Islamic caliphate. Unlike JI, however, “the party can use its position in Parliament and its … network of cadres to advance the same goals incrementally, one victory at a time.”  

Report from Compass Direct News

SAUDI ARABIA: PASTOR FLEES DEATH THREATS


Religious police, others warn key figure in expatriate church to leave.

LOS ANGELES, January 30 (Compass Direct News) – A prominent foreign pastor in Saudi Arabia has fled Riyadh after a member of the mutawwa’in, or religious police, and others threatened him three times in one week.

Two of the incidents included threats to kill house church pastor Yemane Gebriel of Eritrea. On Wednesday (Jan. 28), Gebriel escaped to an undisclosed city in Saudi Arabia.

A father of eight who has lived and worked as a private driver in Saudi Arabia for 25 years, Gebriel told Compass that on Jan. 10 he found an unsigned note on his vehicle threatening to kill him if he did not leave the country. On Jan. 13, he said, mutawwa’in member Abdul Aziz and others forced him from his van and told him to leave the country.

“There was a note on my van saying, ‘If you do not leave the country, we will kill you,” Gebriel told Compass by telephone. “Three days after that, [Aziz] said, ‘You’re still working here, why don’t you go out of the country?”

Aziz, another member of the mutawwa’in and a policeman had waited for Gebriel shortly after 9 p.m. A sheikh at a Riyadh mosque, Aziz raged at Gebriel for about five minutes, accusing him of being a Christian and trying to change the religion of others, said a Christian source in Saudi Arabia.

“He finished by telling Yemane to get out of the country or ‘measures’ would be taken,” said the source, who requested anonymity for security reasons. He said Gebriel was in genuine danger of losing his life. “In meeting with me on the morning of Thursday, Jan. 15, Yemane himself was clearly very frightened,” said the source.

That night (Jan. 15), Gebriel told Compass, four masked men – apparently Saudis – in a small car cut off the van he was driving. “They said, ‘We will kill you if you don’t go away from this place – you must leave here or we will kill you,’” he said.

Gebriel subsequently took temporary refuge in a safe house in Riyadh, and after consulting with consular officials from four embassies on Tuesday (Jan. 27), the pastor was whisked away to another city the following day.

In 2005, the religious police’s Aziz had directed that Gebriel be arrested along with 16 other foreign Christian leaders, though diplomatic pressure resulted in their release within weeks.

“No doubt Sheikh Abdul Aziz is still burning,” said the local Christian source. “Nor may such type of death threat be possibly idle words. The current situation and circumstance remind me very much of the machine-gun murder of Irish Roman Catholic layman Tony Higgins right here in Riyadh in August 2004.”

 

Raids Feared

Gebriel, 42, led a church of more than 300 foreign-born Christians, though because of work obligations only a little over 150 are able to meet regularly in his villa for Friday worship. He fled without his family, as his wife and children had managed to relocate in Egypt in August 2007.

Gebriel and three others started the house church in Riyadh 10 years ago, the local source said, and only a few months ago the pastor handed leadership over to others in the church.

“But right now the entire church is very frightened,” the source said. “They are expecting a raid one Friday shortly – just like in 2005. The congregation doesn’t even know yet that we have whisked Yemane away from them as well as from the religious police.”

In April and May of 2005, the mutawwa’in arrested 17 pastors – two Pakistanis, two Eritreans (including Gebriel), three Ethiopians and 10 Indians. None were deported after their release.

“Are there signs that 2009 might prove to be such a year again? I think so,” the source said. “Every three or four years, there is a clamp-down in Riyadh. It seems that we should expect 2009 to be a year of repression. However, the underground church here is far better placed than heretofore to manage any such persecution.”

The Saudi regime has reportedly begun to restrain the mutawwa’in, which historically has acted as a virtual vigilante force enforcing the kingdom’s Sunni Islamic social codes as volunteer agents of the semi-autonomous Commission to Promote Virtue and Prevent Vice. The U.S. Department of State’s 2008 International Religious Freedom Report noted that abuses by mutawwa’in have continued.

“Mutawwa’in (religious police) continued to conduct raids of private non-Muslim religious gatherings,” the report states. “There were also charges of harassment, abuse, and killings at the hands of the mutawwa’in, or religious police. These incidents caused many non-Muslims to worship in fear of, and in such a manner as to avoid discovery by, the police and mutawwa’in.”

In the past year, mutawwa’in sometimes have not respected the Saudi policy of allowing private worship for all, including non-Muslims, according to the report. Religious police are not allowed to mete out punishment, but in the past year the Saudi government has investigated several incidents in which the mutawwa’in were accused of violating restrictions on that and other activities, according to the state department report.

The mutawwa’in still wear no uniforms, but the report notes that they are now required to wear identification badges and can act only when accompanied by police. They are authorized to monitor the practice of non-Muslim faiths, display or sale of pornography, alcohol production, distribution or consumption, and adultery, homosexuality and gambling, among other violations.

While Saudi law forbids public practice of any religion besides Islam, foreigners are generally allowed to worship privately if their congregations do not grow too large.

With the Quran and sayings of Muhammad (Sunna) as its constitution, Saudi Arabia enforces a form of sharia (Islamic law) derived from 18th-century Sunni scholar Muhammad ibn Abd Al-Wahhab that calls for the death penalty for “apostasy,” or conversion from Islam to another faith, although the state department’s report notes that there have been no confirmed reports of executions for apostasy in recent years.

Saudi Arabia’s ruling monarchy restricts media and other forms of public expression, though recently authorities have tolerated criticism of the mutawwa’in and the Commission to Promote Virtue and Prevent Vice.

“The government-controlled press frequently criticized mutawwa’in activity,” the report adds.  

Report from Compass Direct News