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Sharia bylaws find hurdles in W. Sumatra

West Sumatra, Aceh and Papua are among provinces with religious-based bylaws

The Jakarta Post
Sat, August 21, 2010

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Sharia bylaws find hurdles in W. Sumatra

W

em>West Sumatra, Aceh and Papua are among provinces with religious-based bylaws. The Jakarta Post’s Sofyardi Bachyul in Padang, Hotli Simanjuntak in Banda Aceh and Nethy Dharma Somba in Jayapura look at sharia phenomenon and its implications in the respective provinces. This is the second in a series on the issue.

Sumatrans like to cite with pride that their customs are based on Islamic teachings — “adat basandi syarak, syarak basandi Kitabullah”.

But Rudy, a resident, was shocked to hear that the only way his daughter could enrol in a state junior high school was by submitting a certificate stating her Koran reading skills.

As she did not have one, she needed to acquire one by enrolling in a Koran recital class. It was no
use bargaining with the principle: The requirement is clearly spelled out in a provincial bylaw on high school student enrolment requirements.

“My daughter is skilled in Koran recital and writing but she has no certificate,” he said. He initially had no intention to send his daughter to Koran classes because he said she also attended extracurricular English and computer courses

Even though Rudy says the requirement violates the constitutional right to basic education, he finally gave in.

A former commissioner of the provincial human rights body here, Sudarto, said almost all non-Muslim female students at state schools were “forced to wear headscarves” to avoid being alienated from their peers. Meanwhile, Christian and Catholic schools in the city have not allowed Muslim students to wear headscarves.

Another “very discriminative” effect of the bylaw, he said, was a sign at a regental government agency reading, “Women without headscarves will not be attended to”.

Padang is one of 19 municipalities and regencies with sharia-based rules, after the first was issued in Solok regency in 2001.

It was current Home Minister Gamawan Fauzi who, as Solok regent, endorsed a bylaw on Koran recital and writing skills for prospective junior high school students and prospective married couples.

In the same year, the Tanah Datar regency issued a similar regulation and a circular instructing Muslim students and employees, including civil servants, to wear “Islamic clothes” at school and in the workplace.

When Gamawan was elected West Sumatra governor in 2005, an outcry greeted his bylaw on a 9 p.m. curfew for women unless they were accompanied by a male relative. Passed in a bid to curb prostitution, a number of female university students and workers were arrested when they returned from campus or workplaces in the evening.

Such bylaws won the support from Islam-based political parties in the province. Patrialis Akbar, former legislator of the National Mandate Party (PAN) and now justice and human rights minister, said such bylaws were in line with the constitutional recognition of freedom of worship.

Gamawan, who received the Syariah Award from the Islamic Crescent Star Party (PBB) when he was governor, says the bylaws are no problem as they “only bind Muslims”.

Desmaniar, provincial justice and human rights office head, said many have objected to the sharia-inspired bylaws because anyone of dissenting opinion or non compliance would be branded anti-Islam.

Despite the criticism against such regulations, a local lawmaker said there were no plans to revise them. Zulkifli Jailani of the People’s Conscience Party (Hanura), said no one had asked them to. However, he said the legislature would now focus on bylaws on good governance to improve public services and social welfare. As for the bylaws on Koran recitals and curfews, he said, these were no longer effective because of the absence of operational guidelines.

 

 

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TBL -- Sharia-inspired bylaws (source: UNDP, www.nusantaraonline.org)

 

 

 

 

TBL - Sharia-Inspired Bylaws

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