Islamic laws ‘create rulings biased against women’

Many articles in the religious laws used in the nation’s Islamic courts are discriminative against women, a seminar heard in Jakarta on Tuesday.

Female activists and scholars attended the two-day seminar organized by the National Commission on Violence against Women (Komnas Perempuan) and agreed the laws had been benefiting men at the expense of women, resulting in many unfair rulings in the courts.

The Compilation of Islamic Laws contains 229 articles, including Munakahat (marriage), Mawarist (inheritance), and Wakaf (religious donations), which are obeyed by Muslims attempting to resolve problems.

The Islamic laws were passed by former President Soeharto in 1991 and have been used in the religious courts throughout Indonesia
ever since.

Among the articles that have
been criticized by activists are
Article 176 on inheritance, which allows men twice as much money as women, and Articles 55 to 59 on marriage, which include rulings on polygamy.

Some articles also favor patriarchy and male dominance, with
Articles 79 and 80 stating that the man is the leader of the family, and the only one allowed to earn money, while the woman can only be a housewife.

Prominent activist Eli Nurhayati said courts were implementing these articles without much alternative consideration because they believed they have no choice but to obey the laws.

“Women just deal with the court’s decision, even if it is unfair, because they believe that is simply the way it goes,” Eli said.

Although the law allows polygamy, Article 56 (1) of the marriage law requires a husband ask permission from the religious court if he wishes to marry again.

“However, the judges seem to quite easily give permission for
a husband to take another wife,”
Eli said.

A judge at the Supreme Court, Mukhtar Zamzami said the Supreme Court had implemented a “new” policy on Islamic laws.

“It is not true. We only give permission for polygamy to occur in very specific circumstances. We also must hear the wives’ point of view in order for a decision to come about,” Muktar said.

He added that on the other hand, the structure of the
Islamic laws needed extensive
revision.
Eli said judges had different perceptions about what was appropriate when it came to implementing these religious laws.

“We’re still confused about the different perceptions over the living allowances for former wives,” she said.

Eli said some judges awarded the wife an amount from her husband’s direct salary, while another may award a percentage from the husbands total income.

“The decisions are inconsistent and do not relate to one another. It creates legal uncertainty for women,” she said.

Understanding gender issues has become a serious issue in courts, with some judges apparently deeming financial support for a wife unnecessary after she divorces her husband.  

Mukhtar, however, defended the judges from the religious courts, saying they understood gender issues very thoroughly.

“Besides the marriage laws, we also made some changes to the heritage laws. We tried to accommodate the latest laws and regulations into our court rulings so we can protect woman’s rights,” he said.

The justice said that in 2004, the religious affair ministry, with the assistance of activists, launched a draft countering the revision of the Islamic Law.  

The alternative draft faced widespread protest from Muslim scholars who did not support the revisions or proposed changes. (naf)