Negotiating Polygamy in Indonesia. Between Muslim Discourse and Women’s Lived Experiences Nina Nurmila Dra (Bandung, Indonesia), Grad.Dip.Arts (Murdoch University, Western Australia), MA (Murdoch University) Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy February 2007 Gender Studies - Faculty of Arts The University of Melbourne ABSTRACT Unlike most of the literature on polygamy, which mainly uses theological and normative approaches, this thesis is a work of social research which explores both Indonesian Muslim discourses on polygamy and women’s lived experiences in polygamous marriages in the post-Soeharto period (after 1998). The thesis discusses the interpretations of the Qur’anic verses which became the root of Muslim controversies over polygamy. Indonesian Muslim interpretations of polygamy can be divided into three groups based on Saeed’s categorisation of the Muslim approaches to the Qur’an (2006b: 3). First, the group he refers to as the ‘Textualists’ believe that polygamy is permitted in Islam, and regard it as a male right. Second, the group he refers to as ‘Semi-textualists’ believe that Islam discourages polygamy and prefers monogamy; therefore, polygamy can only be permitted under certain circumstances such as when a wife is barren, sick and unable to fulfil her duties, including ‘serving’ her husband’s needs. Third, the group he calls ‘Contextualists’ believe that Islam implicitly prohibits polygamy because just treatment of more than one woman, the main requirement for polygamy, is impossible to achieve. This thesis argues that since the early twentieth century it was widely admitted that polygamy had caused social problems involving neglect of wives and their children. Secular and Islamist Muslims, however, disagreed on whether or not to abolish it in Indonesian marriage law. They arrived at a compromise, the 1974 Marriage Law restricting polygamy. This reflects the mainstream ‘Semi-textualist’ approach. This study shows, however, that few informants adhered to this law. The main aim of this thesis is to offer an empirically-based account of women’s lived experiences in polygamous marriages in contemporary Java. Using in-depth interviews with women who are or were involved in polygamous marriages in Java, Indonesia, I argue that women cannot be understood simply as passive and helpless victims of polygamy. There have been varying degrees of women’s agency in dealing with their husband’s polygamous marriages: from passive resistance by accommodating their husband’s additional marriage, to a radical rejection of polygamy via divorce. Considering that women are agents, who are capable of thinking, reasoning and strategizing about what is the best for their lives, their perspectives on the impact of polygamy on the wellbeing of themselves and their children need to be taken into account in the future amendment of Indonesian marriage law. My research shows that most polygamous marriages are viewed quite negatively by members of Indonesian society, first wives, their relatives and neighbours. It also shows that most polygamous marriages appear to have a negative effect on the wellbeing of the first wives and their children. Using Fazlur Rahman’s approach of double movement in interpreting the Qur’anic verses on polygamy, this thesis concludes that the practice of polygamy in Java has created injustice toward most women and children, which is against Islamic teaching; therefore, a just Islam would need to call for the abolition of polygamy. Thus, this research supports Indonesian feminists’ efforts to abolish polygamy provisions under Indonesian marriage law. i DECLARATION This is to certify that (i) the thesis comprises only my original work towards the PhD, (ii) due acknowledgement has been made in the text to all material used, (iii) the thesis is less than 100,000 words in length, exclusive of tables, maps, bibliographies and appendices. Nina Nurmila Signature & Date: ii PREFACE Some parts of this thesis have been presented and published during my period of candidature as listed below. I. PRESENTATIONS 1. “Muslim Controversies over Polygamy”, Semester 2, 2002 Gender Studies Mini Conference, November 22, 2002. 2. “The Position of Muslim Law in Indonesia since Pre-Independence and Its implications on the 1974 Marriage Law on Polygamy”, Semester 1, 2003 Gender Studies Mini Conference, June 13, 2003. 3. “Indonesian Marriage Law on Polygamy”, The Australian Women’s Studies Association (AWSA) International Conference, The University of Queensland, July 12-16, 2003. 4. “Indonesian Muslim Opposition toward the Prohibition of Polygamy”, Mount Beauty Workshop, the University of Melbourne, 8-11 August 2003. 5. “Indonesian Muslim Debates on Polygamy”, Islam and Society: Perspectives and Prospects Conference, the University of Queensland, September 3-4, 2004. 6. “Women’s Experiences in Polygamous Marriages”, Indonesia Council Open Conference, Flinders University, 26-27 September 2005. 7. “Reactions to Polygamous Marriages”, CSCI Postgraduate Conference, Centre for the Study of Contemporary Islam, the University of Melbourne, 21-22 November 2005. 8. “Negotiating Polygamy in Indonesia: Between Islamic Discourse and Women’s Lived Experiences”, Brown Bag seminar, History Department, The University of Melbourne, May 18, 2006; Thirteenth Annual Workshop on Southeast Asian Women, Monash University, June 23, 2006; Melbourne Postgraduate Forum on Southeast Asia, July 28, 2006 and CSCI Postgraduate Conference, Centre for the Study of Contemporary Islam, The University of Melbourne, 20-22 November 2006. (I presented different cases in each forum). II. PUBLICATIONS 1. Part of Chapter 3 was adapted into an article “Indonesian Marriage Law on Polygamy: Reasons behind the Opposition toward the abolition of polygamy,” Pandora Box, a publication of the Women and the Law Society, University of Queensland, 2003. 2. Part of Chapter 3 was adapted into an article “Polygamy and chickens,” Inside Indonesia, July-September 2005. 3. Part of Chapter 4 is planned to be published as Chapter 1 “Negotiating Polygamy in Indonesia: Between Islamic Discourse and Women’s Lived Experiences,” in Susan Blackburn, Bianca Smith and Siti Syamsiyatun (eds) Indonesian Islam in a New Era: How Muslim Women Negotiate their Religious Identities (Forthcoming). iii ACKNOWLEDGMENTS Alhamdulillahi rabbi-‘l `aalamiin. I thank God for making me possible to complete this thesis: a long, complicated and demanding work. Throughout my studies, I have benefited from the range of expertise of a number of scholars in the University of Melbourne. I would like to express my special gratitude to my principal supervisor, Associate Professor Maila Stivens, for her enormous support, commitment and professional advice during my process of thesis writing. I was also touched by her understanding of my family circumstances and the time she devoted to support the application of a three-month extension of my scholarship due to the prolonged illness of my second baby. I would also thank Dr. Antonia Finnane, who was my associate supervisor in my first semester of my studies. I am grateful to Professor Abdullah Saeed, who has been able to offer his expertise in Islamic studies as my associate supervisor after my conversion to PhD in the mid 2003. I thank Dr. Kate McGregor for her extensive feedback on my thesis. She took over as the principal supervision for a year when Maila was a visiting fellow at NUS, Singapore, in 2004, and continued as my associate supervisor from early 2005. I am also grateful to Dr. Kalissa Alexeyeff who gave me insightful comments during the 2.5 years review and was always welcoming whenever I needed help. In addition, I would like to express my gratitude to the Indonesia Forum which every semester convened the Roundtable Discussion for Postgraduates at the University of Melbourne, in which I received useful feedback and where I could build a network among students who shared a research interest in Indonesia. I have also benefited from editorial comments from Helen Pausaker and Natalie Kellar, editors of Inside Indonesia, prior to the publication of some parts of Chapter 3 of this thesis, and Associate Professor Susan Blackburn in preparing Chapter 4 for publication. Furthermore, I am happy, proud and grateful to have had Sophie Barrett- Kahn as the proof reader of this thesis. I would also like to thank several funding sources which have supported me throughout my studies. First, I thank AUSAID for providing me with an Australian Development Scholarship (ADS) to undertake my PhD in Australia with my family. Ms Lucia Wong, the AusAID Liaison Officer of the University of Melbourne deserves my gratitude for administering this scholarship. During my studies, I have also received a number of scholarships from the University of Melbourne Scholarship Office, Faculty of Arts and financial support from the Department of History: PORES and PhD Fieldwork grants supported my four months initial fieldwork in Indonesia (December 2003-April 2004); TRIPS paid for a trip to the University of Queensland in September 2004 to present a paper; MATS made me possible to undertake a second two month (Jun-July 2005) period of fieldwork in Indonesia; and a MIALS Conference Travel Scholarship supported my trip to Flinders University in September 2005 to present a paper. Many people in the Faculty of Arts, History Department and the Asia Institute have been very supportive, but due to space limitations, I cannot mention all their names. I would like to thank Catherine Scoutas, Joanne Ligouris, Jennifer Decolongon, Theo Gouskos and Allison Dutka for their support in administering the PhD fieldwork grant, iv the TRIPS scholarship, a laptop loan for my fieldwork and the allocation of study space within the Faculty of Arts. I am also grateful to Ron Baird and Ashleigh Rees for their friendly administrative assistance in the History Department and Nadine Blair in the Asia Institute. I would also like to thank many postgraduate students both in Gender Studies Program and the Asia Institute for their friendship and support. They are among others Amelia Fauzia, Arskal Salim, Cirila Limpangog, Katherine Pace, Anisa Buckley, Imran K Lum and Dina Afrianty.