Women Under Sharia: Case Studies in the Implementation of Sharia-Influenced Regional Regulations (Perda Sharia) in Indonesia
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Women Under Sharia: Case Studies in the Implementation of Sharia-Influenced Regional Regulations (Perda Sharia) in Indonesia Erwin Nur Rif’ah, M.A. A thesis submitted in fulfilment of the requirements of the degree of Doctor of Philosophy College of Arts Victoria University Australia December, 2014 Declaration of Originality I certify that this thesis does not incorporate without acknowledgement any material previously submitted for a degree or diploma in any university; and that to the best of my knowledge and belief it does not contain any material previously published or written by another person except where due reference is made in the text. Signed: On: 19/12/2014 ii Abstract Women Under Sharia: Case Studies in the Implementation of Sharia-Influenced Regional Regulations (Perda Sharia) in Indonesia This study examines the religious, social and political dynamics of Perda Sharia and how the implementation of these regulations has affected women rights and women’s security. This study also explores the concept of women’s security based on women’s own experiences. It employed qualitative methodologies, including in-depth interviews, focus group discussions and analysis of primary source documentation. It examined Perda Sharia in two district governments: Cianjur, West Java and Bulukumba, South Sulawesi. My research argues that Perda Sharia was the outcome of the local political processes reflecting the interaction of regional autonomy, democratisation and the Islamic resurgence. Given the struggle for Sharia since Indonesian independence, the widespread implementation of Perda Sharia suggests that it has been widely accepted as part of the legal system in district governments. This research found that the implementation of Perda Sharia has strengthened the position of Islam as a social and cultural force, but not necessarily of Islam’s influence in politics or government and as such it is a great accomplishment for its supporters. It argues Perda Sharia is just one strategy to implement Sharia values more comprehensively. Although implemented by district governments, Perda Sharia is a national phenomenon. Prior to the reformation era most of the debate about Sharia was conducted at the national level and concerned the nature of the Indonesian state, however, after the 1999 Regional Autonomy Laws attention shifted to the integration of Sharia values into the legal system, with implications for women’s security. The discourse on women’s security was associated with the implementation of regulations concerning women veiling, which became the most visible symbol of Perda Sharia. The research examines the differing views of women, with some arguing that they felt more secure wearing the jilbab, while others felt threatened by the mandated use of the jilbab. iii Acknowledgment All praise is due to Allah, the One, the All-knowing, Most High… This project has involved many people and organizations who have supported me in the many phases of the research process. For this reason, although I am the one who should be responsible for every single word that I wrote in this dissertation, however, I cannot declare that this work is entirely the result of my own work over the last few years. Therefore, I would like to express my gratitude to all the people who showed their generosity, hospitality and sense of humanity that has enabled me to complete this research. This dissertation would have been impossible without the mentoring of my supervisor, Dr. Richard Chauvel, to whom I can never express enough gratitude. He is the most insightful and supportive mentor and he remains a source of inspiration for his hard work, patience and dedication. He is the one who always believed in me and had the confidence that I would complete my PhD. I am grateful to the School of Social Sciences and Psychology, Victoria University, where I received the most generous support during my study. I would like to thank Professor Helen Boland, Dr. Lesley Birch from the Office for Postgraduate Research and Grace Schirripa from the School of Social Sciences and Psychology. Angela Rochter of the Learning Student Service helped me with my written English and the initial editing of this thesis. My doctoral studies were funded by Aus-AID through the Australian Leadership Award Scholarship Program. I would express my thanks to Aus-AID for this tremendous opportunity to study in Australia. I would also like to recognize the great support of Margaret Jones, the Aus-AID Liaison Officer at Victoria University. During the whole research process of designing the proposal, going to the field, and writing, there was generous support from my colleagues and friends that made me feel at home in Melbourne. For that, I would say my sincere thanks to my ‘cave-mates’: Tracy and Maxim, and all my Rover-mates, Ancy, Rob, Jane, Serly, Estty and Pak Ali, who iv offered me a balance in my life. I would also like to express my gratitude to all my Indonesian friends: mbak Ifa, mbak Anif, mbak Reni, mbak Yani, Yeni, mbak Leni and Pak Hendro among many others. Sincerely thanks also to my friends in NU Australia, Gus Nadirsyah Hosen, mbak Rosa, mbak Sitta, Zulfa, Kyai Taufik Prabowo, Pak Nur, Asyik, mas Zahrul and many others. During fieldwork, I owe a debt of gratitude to all friends who helped me in Cianjur, Jakarta, Bulukumba and Makassar. Especially, I have to thank to Pak Basri Jafar and family, Pak Sultan and mbak Pipit, who helped me settled and took me around in Bulukumba and Makassar. My special thanks to my key informants: ibu Prof. Musdah Mulia, KH. Hosen Muhammad and Neng Dara Afifah from Komnas Perempuan, mbak Dani, mbak Ciciek, mbak Ning, Leili and Ulfa from Yayasan Rahima, Dianika and mbak Ruby from AMAN, Emi Ilmiyah, Dr. Syukron Kamil, Dr. Amelia Fauziyah from CSRC, and Tasman Lazuardi from PPIM UIN Jakarta. This dissertation would have been impossible without the help of my informants who trusted me to share their knowledge, experience and opinions. To Pak Warsidi, Tjetjep Mochtar, Pak Patabai Pabokori, Pak Nunding Ram, all DPRD members in both Cianjur and Bulukumba, as well as KH. Tjamirudin, Ajengan Lim, Kyai Choirul Anam, Cep Hermawan and Pendeta Lena, Abah Suhendi, teh Yanti and Kang Aru, teh Rina, together with my many other informants, my sincere thanks. Finally, my deepest gratitude to my beloved family, to my parents and parents in-law who always supported and prayed for me, to my brother and sisters, who were always there to support and take care of my kids during my field research and conferences. Last and most of all, the deepest gratitude and love to Honest Dody Molasy, my beloved hubby, delightful soul mate and the most dedicated BFF (best friend forever), who has always been listening and supporting me no matter where I was, whether in the darkest valley or on the brightest spring of my life. To my three angels, Farrel Zidane, Naura Alfaaza and Fachry AlFareeza, I am also indebted apology for not being a perfect mom for not always answering your questions and for having too many assignments. For you this dissertation is dedicated. Melbourne, 19 December 2014 Erwin Nur Rif’ah v List of publications and presentations Erwin Nur Rif’ah M.A., Universiteit Van Amsterdam, The Netherlands 2013 ‘Opening the Door: How the Regional Autonomy has Made the Implementation of Perda Sharia Possible?’ paper for upcoming publication on Journal Islamic Archipelago, UIN Bandung. 2012 ‘Contesting Islam And Women’s Rights In Indonesia: The Case of The Implementation Of Perda Sharia’, accepted abstract for presentation at the International Conference, on Islam, Spiritualism and Radicalism (IC-ISRA), Yogyakarta, 23-25 November, 2012. 2012 ‘Questioning Women’s security in Perda Syariah: Critics to Indonesia’s District Policies’, a paper published in Jurnal Kebijakan Publik dan Bisnis, Inspirat, Jember University 2010 ‘Women’s Rights within Islam: Learning from women’, accepted paper for presentation at the 1st International Conference on Human Rights in Southeast Asia, held by Southeast Asian Human Rights Studies Network (SEAHRN), Bangkok, Thailand, 14-15 October, 2010 2010 Islamic Symbolism or Islamic Law: Examining the Law Enforcement of Perda Sharia in Indonesia, accepted abstract for presentation at 3rd International Indonesia Forum (IIF), Semarang, Indonesia, 14-15 July 2010 2010 ‘Contesting Islamic Law and Women’s Rights: The Study of the Implementation of Sharia-based Regional Regulations in Indonesia, a paper presented at 7th Asian Law Institute (ASLI) Conference, Kuala Lumpur, Malaysia, 25-26 May 2010 2010 ‘Contesting Islam and Human Rights in Indonesia’ Paper presented at 18th Biennial Conference of Asian Studies Association of Australia (ASAA), University of Adelaide, Australia, 5- 8 July 2010 2010 ‘Contesting Women’s Security Under the Implementation of Perda Syariah’ ’, Presentation at the Society of South-East Asian Studies (SEAS) Conference, Vienna, Austria 2009 ‘Contesting Women’s Security and Perda Syariah: Have Indonesia’s Perda Syariah Enhanced Women Security’, Jurnal Kultur, Published by Centre for Study of Religion and Culture (CSRC), UIN, Jakarta vi Glossary Ahmadiyah a Muslim religious movement which started in India in the late 19th century and was brought to Indonesia in 1925. This movement believes that Mirza Ghulam Ahmad of Qodian was a prophet after Muhammad and the Promised Messiah. In Indonesia, the movement is considered as a cult by the MUI. Ahwalu Syahsiah Family Law that regulates Mabarrot (philanthrophy/charities), Munakahat (marriage), mawarits (inheritance) and Siasah Syariah (Islamic Politics) Ajengan Islamic teachers among the Sundanese Akhlak Islamic good morals Amar ma’ruf-nahi munkar a call to maintain what is right and forbid what is wrong AMB Aliansi Muslim Bulukumba (Bulukumba Muslim Alliance) Aqidah Islamic theology, (believe in the unity of God) Asas tunggal the sole foundation, the requirement that all organizations adopt Pancasila as their official ideological foundation.