Pakistani Woman Appeals Death Sentence for ‘Blasphemy’

District judge bows to pressure of local Muslims, handing down stunning sentence to Christian.

LAHORE, Pakistan, November 13 (CDN) — Attorneys for a Christian mother of five sentenced to death by hanging for allegedly speaking ill of Muhammad, the prophet of Islam, have filed an appeal of the verdict, they said.

Bowing to pressure from Muslim extremists in Pakistan, according to the Christian woman’s husband and rights groups, a district court judge handed down the stunning sentence to Asia Noreen on Monday (Nov. 8). Additional District and Sessions Judge Naveed Ahmed Chaudhary of Nankana Sahib district delivered the verdict under Pakistan’s controversial “blasphemy” statute, the kind of law that a resolution before the United Nations condemning “defamation of religions” would make legitimate internationally.

Noreen is the first woman to be sentenced to death under Pakistan’s widely condemned law against defaming Islam.

Noreen’s lawyer, Chaudhry Tahir Shahzad, said that among other allegations, she was accused of denying that Muhammad was a prophet.

“How can we expect a Christian to affirm a Muslim belief?” Shahzad said. He added that he and lawyer Manzoor Qadir had filed an appeal against the district sessions court’s verdict in the Lahore High Court.

Asia (alternately spelled Aasya) Noreen has been languishing in isolation in jail since June of last year after she argued with fellow field workers in Ittanwali village who were trying to pressure her into renouncing Christianity. Her husband, Ashiq Masih, told Compass that the argument began after the wife of an Ittanwali elder sent her to fetch water in Nankana Sahib district, about 75 kilometers (47 miles) from Lahore in Punjab Province.

The Muslim women told Noreen that it was sacrilegious to drink water collected by a non-Muslim, he said.

“My wife only said, ‘Are we not all humans?’ when the Muslim women rebuked her for her faith,” Masih, a field laborer, told Compass by telephone. “This led to an altercation.”

Centre for Legal Aid Assistance and Settlement (CLAAS) General Secretary Katherine Sapna told Compass that the women told Muslim cleric Muhammad Salim about the incident, and he filed a case with police on the same day, June 14, 2009.

On June 19, 2009, Masih said, the Muslim women suddenly raised a commotion, accusing Noreen of defaming Muhammad.

“Several Muslim men working in the nearby fields reached the spot and forced their way into our house, where they tortured Asia and the children,” said Masih, who confirmed that his wife is 45 years old and that they have five children – four girls and a boy, the oldest daughter 20.

Police arrived and took his wife into custody, presumably for her own protection, he said.

“They saved Asia’s life, but then later a case was registered against her under Sections 295-B and C [blaspheming the Quran and Muhammad, respectively] at the Nankana police station on the complaint of Muhammad Salim, the local imam [prayer leader] of the village,” he said. “Asia has been convicted on false charges. We have never, ever insulted the prophet Muhammad or the Quran.”

Salim reportedly claimed that Noreen confessed to speaking derogatorily of Islam’s prophet and apologized. Under immense pressure from local Muslims, according to Masih, CLAAS and Sohail Johnson of Sharing Life Ministry, local judge Chaudhary ruled out the possibility that Noreen was falsely accused. In spite of repeated efforts by the Muslim women to pressure her into renouncing her faith, the judge also reportedly ruled “there were no mitigating circumstances.”

Chaudhary also fined her 100,000 rupees (US$1,150), according to CLAAS.

Ataul Saman of the National Commission for Justice and Peace (NCJP) said that lower court verdicts in blasphemy cases are usually overturned by higher courts. He said lower court proceedings take place under intense pressure, with local Muslims gathering outside and chanting slogans to pressure judges. Saman added that NCJP research showed that up to 80 percent of blasphemy charges are filed against people to settle personal scores.

Rights groups have long criticized Pakistan’s blasphemy laws as too easily used to settle grudges or oppress religious minorities, such as the more than 4 million Christians that Operation World estimates out of Pakistan’s total population of 184.7 million. To date no one has been executed for blasphemy in Pakistan, as most are freed on appeal after suffering for years under appalling prison conditions. Vigilantes have killed at least 10 people accused of blasphemy, rights groups estimate.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Between 1986 and August 2009, at least 974 people have been charged with defiling the Quran or insulting Muhammad, according to the NCJP. Those charged included 479 Muslims, 340 Ahmadis, 119 Christians, 14 Hindus and 10 from other religions.

Johnson of Sharing Life Ministry, which is active in prisons and has been following Noreen’s case from the onset, said he was impressed by her continued faith.

“A week before the verdict, I went to visit Asia in jail,” he said. “I asked her what she was expecting. She told me that Jesus would rescue her from this fake case.”

The verdict was shocking in that no one was expecting a death sentence for a woman, he said. Masih agreed.

“Asia was hoping that the judge would free her and she would come home to be with us, but this conviction has dashed our hopes for now,” Masih said.

He said that since the sentencing, authorities have not allowed him or other members of their family to visit his wife.

“We don’t know yet how she is, but we trust the Lord,” he said. “Asia is suffering for Jesus, and He will not forsake her.”

Report from Compass Direct News

Buddhist Bhutan Proposes ‘Anti-Conversion’ Law

Already suppressed Christians say bill is designed to control growth.

THIMPHU, Bhutan, July 21 (CDN) — Christians in this Himalayan nation who are still longing to openly practice their faith were disheartened this month when the government proposed the kind of “anti-conversion” law that other nations have used as a pretext for falsely accusing Christians of “coercion.”

The amendment bill would punish “proselytizing” that “uses coercion or other forms of inducement” – vaguely enough worded, Christians fear, that vigilantes could use it to jail them for following the commands of Christ to feed, clothe and otherwise care for the poor.

“Now, under section 463 [of the Penal Code of Bhutan], a defendant shall be guilty of the offense of proselytization if the defendant uses coercion or other forms of inducement to cause the conversion of a person from one religion or faith to another,” reported the government-run Kuensel newspaper on July 9.

“There was always a virtual anti-conversion law in place, but now it is on paper too,” said a senior pastor from Thimphu on condition of anonymity. “Seemingly it is aimed at controlling the growth of Christianity.”

Kuenlay Tshering, a member of Bhutan’s Parliament and the chairperson of its Legislative Council, told Compass that the new section is consonant with Article 7(4) of the Constitution of the Kingdom of Bhutan, which states, “A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.”

He said that the National Council had proposed that offenses under the proposal be classified as misdemeanors, punishable by one to less than three years in prison.

Tshering said that the amendment bill “may be passed during the next session of Parliament, after the National Assembly deliberates on it in the winter session.”

Asked if he was aware that similar “anti-conversion” laws in neighboring India had been misused to harass Christians through vague terms of “inducement,” he said he was not.

Authorities usually act on complaints by local residents against Christian workers, so frivolous complaints can lead to their arrest, said another pastor who requested anonymity.

Of the 683,407 people in Bhutan, over 75 percent are Buddhist, mainly from the west and the east. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

There are around 6,000 Christians, mostly ethnic Nepalese, but there is neither a church building nor a registered Christian institution. The Bible, however, has been translated into the national language, Dzongkha, as well as into Nepali.

The constitution guarantees freedom of religion, but the government has not officially recognized the presence of Christians, whose practice of faith remains confined to their homes.

The Drukpa Kagyue school of Mahayana Buddhism is the state religion, with Hinduism dominant in the south, according to Bhutan’s official website, which adds, “Some residues of Bon, animism and shamanism still exist in some pockets of the country,” but makes no mention of Christianity.

Still, since Bhutan became a democracy in 2008 after its first-ever elections – following more than 100 years of absolute monarchy – people have increasingly exercised their freedom, including religious choice.

 

‘Why More Religions?’

Home and Culture Minister Lyonpo Minjur Dorji told Compass that Bhutan’s government had “no problems” with Christianity or any other faith.

“But Bhutan is a small country, with a little more than 600,000 people, and a majority of them are Buddhist,” Dorji said. “We have Hindus, also mainly in southern parts. So why do we need more religions?”

Buddhism is closely linked with political and social life in Bhutan. Dorji’s office sits in a gigantic monastery in Thimphu known as Tashichho Dzong. Buddhism unites and brings people together, Dorji said, explaining that the social life of a village revolves around its dzong (monastery).

Dorji said India’s multi-religious society had led to tensions and bloodshed.

“India can survive riots and unrest,” he said, “but Bhutan may not, because it is a small country between two giants [India and China].”

With leaders who have been proud that they have not allowed it to be colonized, Bhutan historically has been keenly concerned about its survival. Bhutan’s people see their distinct culture, rather than the military, as having protected the country’s sovereignty. And it is no coincidence that Dorji’s portfolio includes both internal security and preservation of culture.

The constitution, adopted in July 2008, also requires the state to protect Bhutan’s cultural heritage and declares that Buddhism is the spiritual heritage of Bhutan.

A government official who requested anonymity said that, as Tibet went to China and Sikkim became a state in India, “now which of the two countries will get Bhutan?”

This concern is prevalent among the Bhutanese, he added.

Sikkim, now a state in India’s northeast, was a Buddhist kingdom with indigenous Bhotia and Lepcha people groups as its subjects. But Hindus from Nepal migrated to Sikkim for work and gradually outnumbered the local Buddhists. In 1975, a referendum was held to decide if Sikkim, then India’s protectorate, should become an official state of the country. Since over 75 percent of the people in Sikkim were Nepalese – who knew that democracy would mean majority-rule – they voted for its incorporation
into India.

Bhutan and India’s other smaller neighbors saw it as brazen annexation. And it is believed that Sikkim’s “annexation” made Bhutan wary of the influence of India.

In the 1980s, Bhutan’s king began a one-nation-one-people campaign to protect its sovereignty and cultural integrity, which was discriminatory to the ethnic Nepalese, who protested. Their non-compliance, however, resulted in a harsh crackdown by authorities, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were Christians, to the Nepal side of the border in Jhapa in the early 1990s.

“Bhutan did not want to become another Sikkim,” said a local resident, explaining why the government did not tolerate the protests.

Bhutan is also rigorous in implementing its laws related to the use of the national language, the national dress code and the uniform architectural standards throughout the country to strengthen its cultural integrity. Bhutanese men are required to wear the gho, a knee-length robe tied at the waist by a cloth belt, when they go to work or attend a public function. Women have to wear the kira, an ankle-length dress clipped at one shoulder and tied at the waist. Non-compliance can lead to fine
and imprisonment.

 

Brighter Future

One hopeful pastor said he expects the government to officially acknowledge the existence of Christianity in Bhutan in the near future.

“Religious freedom will be good for both Christians and the government,” he said. “If Christians are not officially acknowledged, who will the government go to if it wants to implement an executive decision related to religious communities?”

Explaining the reason for his hope, he recalled an incident in the Punakha area in January, when a house under construction was demolished after rumors that it was used as a church.

“The house owner, a Christian, went to his majesty [King Jigme Khesar Namgyel Wangchuck] and told him he was not constructing a church but would have worship with other believers on Sundays,” the pastor said. “The king allowed him to build the house.”

He also said that a delegation of Christians met with Prime Minister Lyonchen Jigmey Thinley in May 2009, who reassured them that there would be more freedom soon.

Christianity is gradually growing, but through word-of-mouth – testimonies of those who have received healing from sickness – and not public preaching, he said, adding that Christians needed to understand and be patient with the government, “which cannot and should not make changes or give freedom overnight.”

 

SIDEBAR

Christians’ Skulls, Bones Used for Buddhist Ritual

The ambiguity in Bhutan over the status of Christians has brought with it a new difficulty: A national daily recently reported that at least eight graves of Christians had been exhumed and the skulls and thigh bones extracted for a Buddhist ritual.

Although the report marked the first time the practice had made the news, Christian leaders said more than 100 graves have been dug up as the trade in human bones has been going on for more than five years.

A local resident of the Lamperi area, near Thimphu, identified as Namgay, told the Bhutan Observer that he found eight graves in a “secret forest graveyard” that had been exhumed by hunters of craniums and thigh bone.

“We saw skulls without craniums and a hand sticking out of a grave,” he was quoted as saying in the daily on May 27.

A human skull garners between 5,000 ngultrum (US$105) and 10,000 ngultrum (US$211) in Bhutan, with men’s skulls considered more valuable. The skull of a man affected by leprosy is not considered ideal for purification. Rather, such skulls are considered best for rituals to subdue evil spirits.

In a visit to the graveyard, the Bhutan Observer found at least eight graves freshly dug up. “Hand gloves, khaddar [a coarse homespun cotton cloth], a currency note, a wooden cross, and a wooden hammer lay scattered all over,” it reported.

The daily said the graveyard apparently belonged to the Christian community in Thimphu and nearby areas.

“Christians in the country say that there should be an official recognition that there are Christians in the country, and other things like burial rights will naturally follow,” the report noted.

A local pastor told Compass that since Christians did not have a burial ground, they buried their dead in forests.

“More than 100 bodies have been dug up, even though we have changed several locations for burial,” he said. “I wonder how the traders in human bones discover these locations. Where do we go now?”

Some local residents reportedly believe that a Christian grave brings bad luck.

Damcho Wangchu, a resident of Thinleygang area, told the daily that the area surrounding the graveyard was holy. He attributed all misfortune in the area – including storms, the death of three students and of four others – to the Christian cemetery.

“We never experienced such misfortunes in our gewog [cluster of villages] before,” he said.

The daily explained that the tradition of use of human skulls and thigh bones in Buddhist rituals was as old as Tantric Buddhism itself. “Thoepai Dagpa is a generic name for the text that illustrates the use and study of quality of skulls,” it reported.

Tantric Buddhism, widespread in Bhutan, involves rituals as a substitute or alternative for the earlier abstract meditations.

An editorial in the same newspaper noted, “Our hunt for the criminal will probably lead us from the unplanned graveyard to the sacred altar.”

Report from Compass Direct News

INDIA: ‘ANTI-CONVERSION’ LAW CONSIDERED IN KARNATAKA

Legislation leading to anti-Christian attacks said to be planned in violence-ridden state.

NEW DELHI, March 2 (Compass Direct News) – The Hindu nationalist government in the southern state of Karnataka, which recorded the second highest number of attacks on Christians last year, is planning to introduce the kind of “anti-conversion” law that has provided the pretext for anti-Christian violence in other states.

Such laws are designed to thwart forcible or fraudulent conversion, but they are popularly misunderstood as criminalizing conversion in general. Comments from public officials sometimes heighten this misconception: India’s constitution provides for freedom of religion, but Karnataka Minister for Law, Justice and Human Rights S. Suresh Kumar said in the Feb. 22 edition of a Hindu extremist publication that the state’s Bharatiya Janata Party (BJP) government “is set to frame an anti-conversion law, as innocent Hindus are getting converted to other religions.”

“Poor and uneducated Hindus are becoming victims of false propaganda against Hinduism, and our government is planning to enact a law after studying the similar anti-conversion acts/anti-conversion bills of various states,” the BJP minister said in the Organiser, official publication of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), the BJP’s ideological mentor.

Anti-conversion laws are in force in five states – Orissa, Madhya Pradesh, Chhattisgarh, Himachal Pradesh and Gujarat – and its implementation is awaited in the states of Arunachal Pradesh and Rajasthan. Cynically named “Freedom of Religion Acts,” the laws seek to curb religious conversions made by “force, fraud or allurement,” but human rights groups say they obstruct conversion generally as Hindu nationalists invoke them to harass Christians with spurious arrests and incarcerations. Numerous cases against Christians have been filed under various anti-conversion laws, mainly in Madhya Pradesh, Chhattisgarh and Orissa, but no one has been convicted in the more than four decades since such laws were enacted.

Dr. Sajan K. George, national president of the Karnataka-based Global Council of Indian Christians (GCIC), expressed anguish over reported plans to introduce a law that has a history of misuse by extreme Hindu nationalists. He also indicated his concern at the government’s slackness in prosecuting those who have attacked Christians.

“Unfortunately, 2008 saw the worst kind of regression in our society as the church in India experienced a wave of violence and persecution unprecedented since the origin of Christianity in India 2,000 years ago,” George said, referring to a sudden rise in anti-Christian attacks in several Indian states, mainly Karnataka and the eastern state of Orissa, in the latter part of last year.

With the BJP forming a government of its own last year, fears within the Christian community that persecution would increase came true, he said.

“Karnataka recorded at least 112 anti-Christian attacks across 29 districts in 2008,” and at least 10 more such incidents have been reported this year, said George. Christians number slightly more than 1 million of Karnataka’s 52.8-million population.

Among the more tense districts in Karnataka are Mangalore, Bangalore and Davangere, according to George. The districts of Chikmagalur, Chitradurga, Belgaum, Tumkur, Udupi, Shimoga, Dharwad and Kodagu are also potentially volatile, he said. The GCIC reported that on Jan. 11 unidentified extreme Hindu nationalists barged into the home of a Christian convert in Amrthmahal Kavalu area near Tiptur town in Karnataka’s Tumkur district, verbally abused the four Christians there and burned their Bibles. The nine hard-line Hindus threatened to burn down the house if the Christians continued to worship at the Calvary Gospel Centre.

Besides legitimizing anti-Christian violence in the popular mind, critics say anti-conversion laws make conversion cumbersome and identify targets for Hindu extremists. In Gujarat state, the archbishop of Gandhinagar, Rev. Stanislaus Fernandes, and non-profit organizations have filed a petition in the state high court challenging a requirement in Gujarat’s anti-conversion law that co-religionists obtain prior permission from a district magistrate before performing or participating in a conversion ceremony. The Times of India reported on Friday (Feb. 27) that Justice M.S. Shah and Justice Akil Kureshi have accepted the case and issued a notice to the state government seeking explanation on objections raised by petitioners.

“The Act, by making one’s conversion a matter of public notice and knowledge, really aims at facilitating and encouraging the religious fanatics to take law into their hands to prevent even free and voluntary conversion,” petitioner attorneys contended. “In the name of maintaining law and order, the Act will invite people to disturb law and order.” Counsel added that the Act aims mainly at “preventing Dalits and adivasis [tribal people] from converting to another religion, thereby forcing them to remain in the Hindu fold.”

 

Orissa Fallout

A fresh spate of attacks hit Karnataka last September following India’s worst-ever wave of persecution in the eastern state of Orissa, where at least 127 people were killed and 315 villages, 4,640 houses, 252 churches and 13 educational institutions were destroyed. The Orissa attacks, allegedly incited by the BJP and the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP) under the pretext of avenging the assassination of Hindu nationalist leader Laxmanananda Saraswati in Kandhamal district, also rendered more than 50,000 people homeless. Although an extreme Marxist group claimed responsibility for Saraswati’s murder, the VHP and the BJP, which is part of the ruling coalition in Orissa, blamed Christians for it.

Even as the mayhem in Orissa was underway, VHP’s youth wing Bajrang Dal began attacks on Christians and their institutions in Karnataka on the pretext of protesting alleged distribution by the New Life Fellowship organization of a book said to denigrate Hindu gods. According to Dr. John Dayal, member of the National Integration Council of the Government of India, last September at least 33 churches were attacked and 53 Christians were injured, mainly in the Mangalore region of Dakshina Kannada district and parts of Udupi district.

The state convener for the Bajrang Dal, Mahendra Kumar, publicly claimed responsibility for the attacks and was arrested on Sept. 19, a day after the federal government ruled by the Congress party-led United Progressive Alliance admonished the state government for allowing attacks on Christians, according to The Deccan Herald, a regional daily. Kumar, however, was subsequently released on bail.

While the issue of the “objectionable” book served as the pretext for the attacks, the BJP had already become upset with New Life Fellowship because a film actress known as Nagma announced in July 2008 that she had become Christian a few years prior. BJP attorneys sent her a threatening legal notice for “hurting religious sentiments.”

In a press conference at Tirunelveli in Tamil Nadu state on July 24, the general secretary of the BJP’s legal wing, Sridhar Murthi, said that Nagma – who appeared in several Tamil-, Telugu- and Hindi-language films from 1993 to 1997 – had hurt the sentiments of others while speaking at a Christian meeting in Nalumavadi, in the Tuticorin area.

“In that meeting, she said she is ready to preach the gospel in every city and town that the Lord takes her to,” reported The Christian Messenger, a Christian news website based in Tamil Nadu state. New Life Fellowship later reportedly ordained Nagma as a minister.

Following the attacks – not only on New Life Church but also on churches and individuals from various denominations – the BJP government set up the Justice B.K. Somasekhara Commission of Inquiry to investigate. Churches and Christians had filed 458 affidavits from Dakshina Kannada district. After questioning 49 witnesses, the panel completed its five-day judicial proceeding in Mangalore on Feb. 20 and set the next sitting for March 16-20. The Commission earlier had a sitting in Bangalore, capital of Karnataka.

Karnataka also has gained recent notoriety for violent vigilantes. Last month a splinter group from the extreme Hindu nationalist VHP, the Sri Ram Sene, attacked women in a pub in Mangalore, saying only men were allowed to drink.

“These girls come from all over India, drink, smoke, and walk around in the night spoiling the traditional girls of Mangalore,” Pravin Valke, founding member of the Sri Rama Sene, told The Indian Express on Feb. 3. “Why should girls go to pubs? Are they going to serve their future husbands alcohol? Should they not be learning to make chapattis [Indian bread]? Bars and pubs should be for men only. We wanted to ensure that all women in Mangalore are home by 7 p.m.”

With national elections expected to be held in April-May this year, Christians fear that attacks could continue. Dr. Bokanakere Siddalingappa Yeddyurappa, the 66-year-old chief minister of Karnataka, has been part of the RSS since 1970.

Report from Compass Direct News

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