, The Jakarta Post , Jakarta | Wed, 10/03/2007 3:51 PM | Opinion
Nurrohman, Bandung
There is ongoing debate over whether the formalization of sharia has reached the point of undermining development in Aceh.
Security and the implementation of sharia are prominent issues in Aceh which raise concern among foreigners.
Aceh-Nias Reconstruction and Rehabilitation Agency chair Kuntoro Mangkusubroto and former Free Aceh Movement (GAM) leader Kamaruzzaman admit that the implementation of sharia has hindered development in the province (The Jakarta Post, Sept. 21, 2007).
Kamaruzzaman suggests that his constituency doesn't support formalization of sharia in Aceh; that sharia was formalized without approval of the Acehnese society.
Aceh People's Party activist Rahmad Djailani has said the implementation of sharia law doesn't boost investment in Aceh due to ""a kind of brutality"" from groups who claim to be supporters of sharia law but are linked to acts of violence.
Both Kuntoro and Rahmad have said sharia was introduced by the military to curb the separatist movement in the province.
In conclusion, sharia implementation in Aceh is politicized, as one student put it (the Post, Sept. 27, 2007).
The existing debate indicates there is something amiss with the process of sharia formalization in the province. The process should be constantly evaluated to ensure alignment with the concepts of maslaha (general good, public interest) and al-adalah (justice), the aims of sharia.
As a set of moral and religious norms based on conscience, sharia can take effect in a secular or Islamic state because it does not require outside coercion. But when formalization through national law is contemplated, there is surely a need for public debate, research and examination. When it takes the form of legislation, sharia law must be in the public interest.
Therefore, when sharia is formalized and given force through state power, negotiation between Muslims and non-Muslims is required. Talks are also needed to determine the most acceptable interpretation of sharia. Finally, there must be an agreement with the prevailing legal system of the state where sharia will be implemented.
Why is negotiation among Muslims necessary? Because not all Muslims agree to sharia formalization. Why is negotiation between Muslims and non-Muslims important? Because sharia implementation will potentially ""endanger"" non-Muslims. Why is negotiation between so many interpretations of sharia required? Because there are so many schools of sharia law, so many madzhab (schools of Islamic jurisprudence) that can be adopted as the formal legal reference. For instance, the largest Islamic organization --Nahdlatul Ulama (NU)-- recognizes as valid four major schools. How can we thus choose only one of these, rejecting the rest?
When the formalization of sharia was aired in 2000, my first question was, what model of formalization would be chosen? In my opinion, at least, there are two principal models of sharia formalization: exclusive textual and inclusive substantial.
In the exclusive textual model the interpretation of sharia tends to be monopolized by experts who act on behalf of God;therefore it leads to a theocratic model and room for individual reasoning is limited if not prohibited.
Alternatively, the inclusive substantial model takes a more open approach and all may make interpretations. Individual reasoning (ijtihad) is encouraged, so all are able to participate in enriching the meaning of sharia.
There is no monopoly of interpretation because -- particularly in public matters -- the voice of the people is also the voice of God, as long as the people truly exercise their conscience without oppression or manipulation. In private matters, the state -- in principle -- has no right to intervene. This model is more compatible with democracy.
Based on research I conducted in 2002, I concluded that Acehnese leaders were confused as to which model of Aceh sharia formalization would be adopted. While ulema in Aceh have an important role in decision making, they have refused to support a theocratic model.
Next, at the same time they have supported human rights campaigns, most ulema have also upheld certain classical norms of sharia, such as capital punishment for apostasy, which is not in accordance with the freedom of religion, a basic human right.
Finally, while these leaders have acknowledged the unitary state of Indonesia, they have developed an understanding of the sharia penal code that is actually not capable of implementation except if Aceh province is treated as a federal state.
Sociologically, there are three parties interested or involved in the ongoing formalization of sharia.
First, the supporters of the unitary state of Indonesia whose ultimate ideology is Pancasila. What is important for this group is the values, not the formalization. For this group it would be satisfactory to insert the values of sharia into existing law.
Second are the supporters of an Islamic state ideology. They position sharia so that it may be enforced exclusively by the state. This group tends to adopt a theocratic model.
Last is the party that sees sharia in Aceh as something that has taken root primarily in Acehnese culture and tradition; they do not actually fight for sharia formalization. Most of GAM members belong to the third group. Social justice and fair distribution of resources between central and local government have been the primary concerns of GAM from the beginning.
A precise model of sharia may ultimately be possible after patient, untiring negotiation and the formalization should be guided by sharia's purpose, higher law and the Constitution. What is important is that there should be no monopoly or authoritarian interpretation of sharia.
Ultimately, the formalization of sharia will lose its true meaning if there is no justice, no welfare and no feeling of security for the people of Aceh and the foreigners who are present there.
The writer is lecturer at the School of Law and Sharia at the Post Graduate Program at Sunan Gunung Djati State Islamic University, Bandung.
No comments:
Post a Comment