Local residents nix sharia-based bylaws

Headlines Thu, 07/01/2010 7:51 AM

Local residents nix sharia-based bylaws

Hasyim Widhiarto, The Jakarta Post, Jakarta

Residents, politicians, activists — and at least one actor — in Depok and Tangerang urged their cities to reject sharia-based bylaws.

Implementation of such regulations will make the regions prone to inter-religious conflicts, agreed several residents and activists.

The Depok municipal administration must seek approval from both the Muslim majority and local minorities if they want to implement sharia-based bylaws or policies in the city, said Mangaranap Sinaga, the coordinator of the Depok-based Inter-religious Youth Forum.

“All residents, especially minorities, need assurances that such bylaws will guarantee their rights to religious freedom and also give no leeway for [Muslims] hard-liners to outlaw the existence of the country’s beneficial laws,” Mangaranap told The Jakarta Post on Wednesday.

Mangaranap said it was also important for the city’s moderate religious organizations to unite and support each other so that they could take a strong position when discussing sharia with hard-line organizations and local political elites.

“Dialogue alone is not enough, sometimes we also need to be more political,” he said.

The forum, which was launched earlier this month, gathered six religious-based organizations in Depok to discuss and respond to threats to pluralism in the city.

The organizations include Nahdlatul Ulama’s Ansor Youth Movement, Indonesian Christian Youth Force Movement, Catholic Youth, Buddhist Youth Generation, Persada Hindu Dharma and Konghucu Youth Generation.

Actor-cum-politician Derry Dradjat, who wants to run for deputy mayor in Depok’s next election, said there was no urgent need to implement sharia-based bylaws in the city.

“Instead of creating a new conflict, why don’t we just refer to the existing laws,” he said.

Depok, a city on Jakarta’s southern border, is currently governed by Nurmahmudi Ismail, who was supported by the Islamic-based Prosperous Justice Party (PKS) in 2005.

Nurmahmudi has faced strong criticism from many non-Muslim residents who claim that they have been unable to obtain permits to build churches under his administration.

The mayor has been criticized for allowing hard-line organizations, such as the Islam Defenders Front (FPI) to pressure minorities, such as members of the Ahmadiyah sect and the transgender community.

In 2006, the Depok city council planned to deliberate a draft ordinance banning prostitution but has made no progress after several years.

Implementation of sharia-based bylaws started even earlier in neighboring Tangerang,

A number of women have been arrested when returning home from work after authorities began enforcing a 2005 bylaw banning prostitution in the city. Human rights activists have called for the bylaw to be revised.

Immanuel Malirafin, 43, a Catholic living in Kotabumi, said that although he heard of the bylaw, he never learned about it in detail.

“Some of my Muslims neighbors told me that the bylaw imposed a curfew on women, but I never understood why it was implemented,” he said.

Sharia bylaws are only allowed only in Aceh province, as a conditions of its special autonomy following a 2005 international agreement that ended decades of war.

After the introduction of regional autonomy in 1999, bylaws regulating private conduct and morality have sprouted in dozens of regencies and municipalities in the coutnry.

URL: www.thejakartapost.com/news/2010/07/01/local-residents-nix-shariabased-bylaws.html

A matter of faith

---Express Tribune, Pakistan

A matter of faith

By Basil Nabi Malik
May 03, 2010

The writer is a lawyer with Malik, Chaudhry, Ahmed and Siddiqi in Karachi (basil.nabi@tribune.com.pk)

It is common knowledge that we are duty bound to follow and respect the Constitution of Pakistan and each and every one of its articles. However, the same becomes a tad bit difficult when certain unpalatable clauses are added which really have no business being in the constitution.

For example, if I were to ask anyone as to the definition of a ‘Muslim’, I am guessing the last place they’d look would be in the Constitution of Pakistan. However, lo and behold Article 260 of our constitution actually defines the term. Ironically, all this happened during the time of Zulfikar Ali Bhutto, though he was, of course, pressured to do this by certain religious quarters.

Although it was clearly a political move, the method was unique. Rather than to go into the intricacies and complications of trying to forge a unanimously agreed-upon definition, which many thought was next to impossible and perhaps even unnecessary, he thought it fit to zero in on an exclusionary clause which ‘enlightened’ us on what a Muslim could not be.

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However, clearly, this was the kind of medieval quackery that only ‘scheming politicians’ could think of. It took the likes of General Zia in 1985 to give us an affirmative definition of a Muslim, sans the discussions and attempts at consensus building, which in all likelihood, he probably found irrelevant. He did this in the form of the President’s Order No. 24 of 1985, whereby Article 260(3) was substituted with what can best be described as intriguing definitions of the terms ‘Muslim’ and ‘non-Muslim’.

The word ‘Muslim’ entailed: “a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (pbuh), the last of the Prophets and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (pbuh)”. General Zia, however, didn’t leave it at that.

For some odd reason, he didn’t feel that the people of the country would actually be able to understand the term ‘Muslim’ and so the definition of ‘non-Muslim’ was also inserted. The term ‘non-Muslim’ was defined as: “a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Qadiani Group or the Lahori Group who call themselves ‘Ahmadis’ or by any other name or a Bahai and a person belonging to any of the Scheduled Castes”.

Effectively, in one stroke, General Zia did what Justice Munir in the Munir Report of 1954 dreaded and forewarned against: the adoption of certain religious worldviews at the expense of others, thereby inducing divisions in society. To be more exact, after asking a variety of the ulema as to what the definition of a Muslim would entail and receiving varying responses, Justice Munir said in the report that: “keeping in view the several definitions given by the ulema [defining the term Muslim], need we make any comment except that no two learned divines are agreed on this fundamental.”

The point is that what business is it of the state to get into this whole matter of defining who is a Muslim and who isn’t. One would have thought that this is a matter best left to individuals themselves and is something to be assessed by their conduct and actions — and in any case it is a private matter for each individual. It’s a pity that the 18th amendment chose to ignore this in the present constitution.

URL: http://tribune.com.pk/story/10274/a-matter-of-faith/

Tackling terrorism and Jihad

---Weekly Blitz, Bangladesh

VOLUME - 5, ISSUE - 16,
DHAKA, April 14, 2010

Tackling terrorism and Jihad
Salah Uddin Shoaib Choudhury

The world is gradually getting united on one agenda on combating terrorism and Jihad. International community has reason now to speak out against Jihad as for past several years, multiple forms of terror acts are spreading in the world mostly by religious fanatics or Jihadists. Bangladesh is also a victim of terrorism and in recent days, especially after the arrest of activists of Jihadist outfits in this country, it has become clear that terror groups are trying to create a new avenue in Bangladesh for their notorious activities.

In Bangladesh, unfortunately, terrorism always gets political blessings mostly from parties in power. It is very clear to everyone that, all the political parties in this country are for reason unknown, maintaining their own segment of musclemen and hooligans. Such elements in political parties are used for various forms of terrorist activities. But, those Jihadist groups active inside Bangladesh are continuing to gather strength with the ulterior motive of establishing Sharia rule in this country. Though Bangladesh government already has banned a number of notorious Islamist militancy group, it is yet to take any action against groups like Hizbut Towhid, which is continuing secret activities around the country with the agenda of destabilizing democratic government and democracy. According to several surveys, the growth rate of Hizbut Towhid members is above 17 per cent every year. Meanwhile, this group has very successfully attracted or recruited more than 100,000 people in Bangladesh.

As I mentioned, Bangladesh is an active member of counter-terrorism efforts, there is serious lacking in the very strategy of combating terrorism and Jihad. It is well known that, breeding grounds of Jihadists in Bangladesh are those thousands of Koranic [Qawmi] Madrassas as well as mosques, where Tablighi activists are regularly seen giving sermons in favor of Jihad. Tablighi Jamaat [TJ] though pretends to be an innocent group preaching Islam, the real agenda of TJ is spreading the message of Jihad amongst people. In a number of terrorist activities in the world, Tablighi Jamaat’s involvements were clearly found. But, in Bangladesh TJ is spreading wings everyday, as the government or security agencies are yet to put focus on the activities of this group.

The second largest congregation of Muslims is the Tablighi Jamaat’s so-called Ijtema, which takes place every year in Bangladesh. According to statistics, more than 1 million people gathered at the Tablighi congregation in 2009, which from this year, the congregation will take place on three different dates as the organizers are sensing larger participation of people from this year.

Main objective of Tablighis is to encourage people towards religious conversion. The next agenda is instigating Jihadist notion. Third is ousting democracy. In a country like Bangladesh, where more than 83 per cent of the population are now Muslims, the only reason behind allowing Tablighis to keep active would be to actually ultimately wipe off the existence of Hindu, Buddhist, Christian, Bahai, Ahmadiya and Jewish community in Bangladesh. There are series of reports in Bangladeshi media about forceful conversion of mostly Hindu girls and boys into Islam. In most cases, where female Hindus are converted, the entire episode is given a ‘legal’ coverage of marriage. But, no one ever bothers, if the marriage was forceful. Actually, most of such so-called marriages are forceful. In some cases, the abductors rape the girl with the motive of putting mental pressure on her of marrying the rapist and ultimately getting converted into Islam. Members of Tablighi Jamaat are continuing to encourage people in trying to get any of the non-Muslims into Islam. Mostly uneducated or half-educated Muslim youths are getting hypnotized or attracted at such ‘calls’ of the Tablighis. And such, inspiration ultimately leads those listeners of Tablighis is doing anything in getting any of the non-Muslims into Islam.

As I said, Madrassas are the breeding grounds of Jihadists; it is unknown to many that, only 26 per cent of the students coming out of Koranic madrassas ultimately find a job with any mosque as cleric or assistants to clerics, while the larger segment of such madrassa educated people with high Jihadist brain-wash either mix-up in the society or just disappear from the scene. It is well anticipated that, such disappeared madrassa students find ways to any of the foreign countries for joining ‘Jihad’. Iranian embassy in Bangladesh as well the Palestinians encourage those people is joining Jihad against Israel and United States. Iranians spend millions of dollars in such activities every year. On the other hand, Pakistani intelligence agency ISI recruits madrassa educated people for joining war against India in Kashmir. Such elements are also sent by ISI to other parts of India with terrorist dictation. Bangladesh government and those combating terrorism should have carefully examined the case of those 84 per cent of madrassa students, who either mix up in the society or get into Jihadist activities. For the sake of fixing a workable and effective strategy on combating terrorism, such investigation and study is extremely essential. No government or security agency can combat terrorism without specific and in some cases even comprehensive information on the roots of terrorism and bases of such terror acts. For the sake of combating terrorism and Jihad, it is essential first of all to understand the strength and ‘route map’ of the terrorists and Jihadists. Once Bangladesh will get this, combating or countering terrorism will become much effective and meaningful.

URL: www.weeklyblitz.net/663/tackling-terrorism-and-jihad

Seeking fair treatment for minorities

---The Jakarta Post, Indonesia

Features | Wed, 04/07/2010 11:25 AM

Seeking fair treatment for minorities

ID. Nugroho, Contributor, Jakarta

With hesitation, Karta and two fellow villagers entered the waiting room of the Legal Aid Institute (LBH) in Pancoran, South Jakarta.

The rows of seats in the room were left vacant as the three Baduy Dalam men chose to sit cross-legged on the floor. “It’s not a mosque, is it? Our ancestors forbid us to sleep in a house of worship,” said Karta, who was visiting the other two.

Karta’s appearance in Jakarta a few months ago was a little surprising, at least to the legal aid office staff. He and his peers look very different to most people. They wear the typical clothes of the Baduy Dalam tribesmen in Banten, with dull white shirts, black sarongs resembling women’s skirts and white headcloths.

To Jakartans, they are a rare sight. “People along the road were staring at us, but these are our clothes,” recalled Karta, adding “For us, it’s important to avoid bad conduct, which is an ancestral taboo we dare not breach for fear of being expelled from our community.” The Baduy Dalam people are known for their total obedience to the daily customs passed down by their progenitors.

The Baduy are only one of many diverse ethnic groups in Indonesia. The traditions and beliefs strictly followed by members of this ethnic tribe make them a minority, especially compared with other major groups like the Javanese, Bataks, Bugis and so forth. Though such minorities have the same rights as citizens under the Constitution, in reality they are marginalized.

“Even tribal names are often misquoted, such as the Samin tribe, which should be called the Sedulur Sikep. This tribe’s leading forefather was Samin Surontiko, whose name has now been used for the community,” said AA Sudirman, an observer of minority groups in Indonesia. Likewise, the Baduy tribe’s original name was Kakenes.

Minorities involve more than just ethnic groups. There are various religious groups like Christian, Hindu, Buddhist or Taoist sects and followers of Sunda Wiwitan (a traditional faith), besides people with different sexual orientations like gays and lesbians. Among the religious minorities are the Ahmadiyah, Javanese mystics, Jehovah’s Witnesses, Mormons and Siriya Orthodox Christians.

These groups have continued to exist in society so far. “They do exist and undeniably have equal rights as Indonesian citizens,” said Antonio Pradjasto, director of the Center for Democracy and Human Rights Studies (DEMOS). Sadly, according to Antonio, the reality they have to face is injustice.

In many cases, minority groups, particularly religious ones, have had to undergo hardship. The Ahmadiyah places of worship, for instance, were attacked some time ago. “This should not have happened, because the state is obliged to guarantee individual freedom to perform religious rituals,” added Antonio.

History has proved that rules imposed on minorities violate the system of justice and equality before the law. What the ethnic Chinese group experienced serves as an example. In the Dutch colonial period in Indonesia, along with people of Indian and Arab descent, the Chinese belonged to the foreign Eastern category. With Indonesia’s independence, the Chinese and Indians were still considered foreign citizens, apparently due to the factor of religion.

The instruction of president Soeharto in 1967 banning Chinese schools, publications, faiths and traditions made matters worse for this ethnic community. The Chinese were forced to forget their past. Unfortunately, when the September 30, 1965 incident occurred, most of the Chinese were branded as communists simply because the People’s Republic of China recognized the ideology at the time.

When riots broke out in Jakarta in May 1998, citizens of Chinese stock were again victimized, with alleged rapes taking place in many places. Countless Chinese-owned houses, shops and assets were looted. President Habibie’s instruction in 1998 terminating the use of the terms “indigenous” and “non-indigenous” slightly reduced intergroup tension. The situation considerably improved as Abdurrahman Wahid became president. Familiarly known as Gus Dur, this figure was a minority defender.

“But with all the positive developments, the treatment of minority groups hasn’t changed much. The recent attacks on Ahmadiyah followers happened within in the current term of President Susilo Bambang Yudhoyono,” noted Antonio Pradjasto. Therefore, DEMOS fully supports the request for a judicial review of the law on the prevention of blasphemy, now under deliberation by the Constitutional Court. The National Alliance for Free Profession of Religions and Faiths (AKKBB) requested that the court amend articles regarded as hampering religious freedom.

The aspiration is certainly hard to achieve. At least, Religious Affairs Minister Suryadharma Ali and Law and Human Rights Minister Patrialis Akbar maintain the anti-blasphemy law should exist. In fact, the law regulating only six religions – Islam, Catholic, Christian, Hindu, Buddhist and Confucian faiths – contradicts Article 28 of the Constitution that stipulates “Every citizen shall be free from discriminative treatment on whatever grounds and entitled to protection against such discriminative treatment.”

Intricate though it may seem, the judicial review should at least serve as an attempt to offer fair treatment to the country’s minorities. Let’s hope so.

Freedom lovers: Members of the National Alliance for Freedom of Religions and Beliefs stage a rally at Hotel Indonesia traffic circle in Central Jakarta, asking the government to guarantee freedom of religions and beliefs. JP/R. Berto Wedhatama

URL: www.thejakartapost.com/news/2010/04/07/seek...inorities.html

Indonesia: Govt urged to respect Ahmadiyah rights

---The Jakarta Post, Indonesia

National | Thu, 10/15/2009 11:59 AM

Govt urged to respect Ahmadiyah rights

The Jakarta Post, Jakarta

A series of attacks on followers of the Ahmadiyah religious sect has once again drawn criticism, with an expert in religion and democracy urging the government to exercise its authority when there are violations of human rights.

Alfred C. Stepan, director of the Center for the Study of Democracy, Toleration and Religion at Columbia University in New York, said on the sidelines of a discussion held Tuesday that while the government must keep a principal distance, the separation did not mean the state should never get involved in religious matters.

“They should think more about whether there are circumstances in which they have to act quickly because I think it is the government’s responsibility if people’s rights are in peril,” he said.

Followers of the Ahmadiyah group are deemed heretics by mainstream Muslims for recognizing sect founder Mirza Ghulam Ahmad as the last prophet.

Islamic teachings maintain that the Prophet Muhammad is the last prophet.

The Indonesian Ulema Council (MUI) issued an edict officially declaring Ahmadiyah to be a heretical sect.

For years, followers of the religious sect have suffered attacks from various Muslim groups. Some of the attacks, which involved hard-line Muslims, resulted in the fire-bombing of Ahmadiyah mosques and houses.

Stepan said the attacks were violations of human rights and therefore the government’s intervention was needed.

“It is the duty of a democratic government to protect its people’s rights even if they have to act against some people’s freedom,” he said.

Although such measures should not go against the constitution, he said.

In the discussion, Stepan also said that Indonesia was a place where democracy and religions coexisted.

Indonesia, he noted, recognized and respected all the major religions, except Judaism.

“India and Senegal are also examples of democracies that recognize and financially support all religions, but keep some principal distance that would allow the state at times to interfere in the religion *if there were human rights violations*,” he added.

However, he said, the Indonesian government had shown much less willingness to exercise the principal distance than the other two countries.

“That may be a problem,” he added.

Stepan said that in all democracies, tolerance on the state’s part and the religions’ part were needed. Stepan terms the concept “twin tolerations”.

For democracy to function, he said, democratically elected governments must tolerate citizens’ legitimate aspirations, “as long as they do not hurt other people”.

“In pure democratic theory, any group that doesn’t violate other people’s rights has the right to articulate some of their ideas in civil society,” he said.

At the same time, religious hard-liners cannot reject the sovereignty of an elected government; instead forcing religious rules on the populace.

“That’s too great a restriction on democracy,” he said.

Theoretically, twin tolerations would allow religion to act in the area of the civil society, he said.

But, “the twin tolerations could also break down if someone violates it from the other side, if this happens the government must have some role in it,” he added.

Stepan also said that fundamentalism does not necessarily not pose an obstacle to democracy.

He added his research in India showed the greater the intensity of religious practice, the greater the intensity of support for democracy.

There are about 200,000 practicing Ahmadis in Indonesia. (adh)

URL: www.thejakartapost.com/news/2009/10/...madiyah-rights.html

Indonesia: Alliance plans to propose review of blasphemy law

---The Jakarta Post, Indonesia

National Sat, 09/26/2009 12:06 PM

Alliance plans to propose review of blasphemy law

The Jakarta Post, Jakarta

The National Alliance for the Freedom of Religion and Faith (AKKBB) has planned to file a request with the Constitutional Court to review the 1965 blasphemy law which they say is discriminatory and against the amended 1945 Constitution that guarantees freedom of religion in the country.

The alliance comprising of, among others, the Indonesian Conference on Religion and Peace (ICRP), Jakarta Legal Aid Institute (LBH Jakarta), the Wahid Institute and the Indonesian Legal Aid Foundation (YLBHI) said the law had raised a public outcry and triggered sectarian conflicts as people were required to accept only the six official religions - Islam, Catholic, Christian, Buddhist, Hindu and Kong Hu Chu - and those with different faiths were branded heretics.

“We are in the process of completing the necessary documents to be given to the Constitutional Court,” AKKBB coordinator Anick Hamim Tohari said here last week.

The 1965 law on the prevention of religion abuse and blasphemy stipulates that no one is allowed make interpretations deviating from the official religions’ teachings. Anick, executive director of ICRP too, said the alliance had formed a small team who was still preparing the judicial review proposal and supporting documentation.

Febi Yonesta of the LBH Jakarta said the official request for the judicial review would be filed as soon as the documents were complete.

Ahmadiyah and Lia Eden were two Muslim communities that have been rejected because their teaching and doctrine were different to what has been designated official Islamic teaching and doctrine. Many mosques belonging to the two communities have been burned down and their followers displaced from their villages in the West Java regencies of Bogor, Sukabumi and Kuningan, and Lombok in West Nusa Tenggara.

Ahmadiyah is a religious sect whose teachings are claimed to be heretical by the Indonesian Ulema Council (MUI) and who have been attacked by various Muslim groups. Last year, the government made the decision that Ahmadiyah members were allowed to perform their religious activities but banned them from proselytizing new believers. The decision was made based on the law on religious blasphemy.

Lia Eden is a sect leader who has been sentenced to prison for religious blasphemy. “The law is the foundation of article 156 of the Criminal Code Law which criminalizes many religious minorities. Lia Eden has been charged under this article.

“Our constitution guarantees religious freedom. All religious groups deserve equal treatment. Therefore, this law which gives the government the power to intervene in religious matters must be annulled,” Anick said, referring to the 2008 joint ministerial decree barring Ahmadiyah from disseminating its teaching.

Febi said the Alliance had been planning to ask for the judicial review since 2005. “However, we had many considerations to take into account which postponed the plan.” He said in 2005, the situation was very tense and many groups were showing great resentment against religious sects. “We do not want to raise controversies and conflicts. We want the Constitutional Court to be able to decide on the review with a clear conscience. We do not want any political pressure to affect the legal process,” he said.

He said in the past, a believer of an unofficial religion must declare themselves a believer of one of the official religions in the religion section of his or her identity card. “However, the 2006 administration law allows them not to fill in the religion column,” Febi said.

“We hope if the 1965 law is annulled, all laws and regulations which take reference from this law will be applied without discriminating against any religious group,” said Feby.

Anick said the alliance’s top priority was to annul the terminology of official religions.

“Other laws and regulations, such as the marriage law, the population administration law, the joint ministerial decree which regulates houses of worship building permits also took the official religions from this law,” he said, adding that, to be consistent with the decree, the state did not recognize marriages between believers of different faiths. (mrs)

URL: www.thejakartapost.com/news/2009/09/26/allia...-law.html