, The Jakarta Post , Jakarta | Fri, 07/27/2007 11:59 AM | Opinion
Mohamad Rayan, Banda Aceh, Aceh
Abdullahi Ahmed An-Naim, a professor at the School of Law at Emory University in Atlanta, the U.S., contended during a seminar in Banda Aceh recently there was no space for the government in sharia implementation.
The argument quickly sparked a debate at the International Conference on Islamic Sharia and the Challenge of a Global World, organized last week by Ar-Raniry State Islamic University. The academic forum was expected to result in the best possible framework for the implementation of sharia in the province.
An-Naim said the experiences of his country of origin, Sudan, in the past 20 years should teach other countries not to let the government get involved in sharia. He argued sharia was a private domain.
At the same conference Philip Buckley from the School of Philosophy at McGill University in Canada argued that the nation-state is the reality of the modern world. This nation-state can separate church from state, as happens in France and Canada. But at the same time a nation-state can also traverse into the territory of churches, as is happening in the United States now. The Bush administration has involved itself in the issues of abortion, family planning and gay lifestyle.
Buckley suggested the Aceh government choose its own approach in the context of sharia.
Different from some writers who question the implementation of sharia in Indonesia, whose opinions have appeared in The Jakarta Post, I would argue it is time for sharia to take effect, especially Aceh-style sharia.
Sharia experts like Anver M. Emon (the Post, July 13, 2007) argue that while in a democratic country like Indonesia voices calling for sharia should be accommodated, its application raises questions, such as whose sharia interpretations should be used, and whether it is necessary for the people as a whole or should just be implemented for narrow political purposes.
Those against the formalization of sharia are worried due to the endless disputes over the concept of sharia. There is no single and united perception among Muslims about what sharia is, what its contents are and how it should be applied. They are also afraid that sharia would be used by certain politicians or groups just to get votes in regional and national elections.
The Aceh conference on sharia concluded that Islamic law can work democratically in the framework of a modern global village. The Aceh framework could set a model for the rest of Indonesia or other countries seeking to formalize sharia. The Aceh framework could also serve as a model for sharia-based ordinances.
In Aceh, the law on Aceh government stipulates sharia covers aqidah (belief), syariat (law) and akhlak (morals). Sharia also covers family law (ahwal alsyakhshiyah), business law (muamalah), criminal law (jinayah), judicial system (qadha), education (tarbiyah), propagation (dakwah), preaching (syiar) and the upholding of Islamic values.
And the beauty of the law is that the sharia court's verdicts can be appealed at the Supreme Court. Article 131 of the law virtually binds Aceh sharia to the country's law. Furthermore, the judges in the sharia court are appointed and dismissed by the president. The law acknowledges the Supreme Court as the main and final umpire in any disputes, be they heard at the sharia court or other courts.
Another beauty of sharia in Aceh is the law exempts non-Muslims from complying with it when it comes to criminal cases. This answers Emon's appeal that the application of sharia also take into account the interests of non-Muslims, so that it will not deprive them of their basic rights and spark social disharmony.
Emon argues that since the aims of sharia are to uphold justice, promote equality and bring about public well-being, there is no need to adopt sharia if secular or national legislation already advances these goals.
In response, I would quote both Hikmahanto Juwana and Math Noortmann in their articles (the Post, June 21 and July 7, respectively). They concluded that Indonesia's judicial system is so corrupt that it needs radical reform. Now that money speaks louder than justice, it is time for sharia such as in Aceh to be implemented.
The writer is an Aceh specialist and provincial program manager for the United Nations Population Fund-Aceh. The opinions here are his own.
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