Indonesia’s Minister of Religious Affairs, Said Aqil Hussein al-Munawwar, has drafted proposals to amend Sharia or Islamic Law which applies to Muslims since 1991. The reform package intends to bring it into line with modern principles of justice, equality, universal brotherhood, civil society, religious pluralism and gender equality.
The draft is backed by Muhammadiyah and Nahdlatul Ulama, two mainstream Muslim groups which have a more liberal understanding of Islam compared to the more radically fundamentalist interpretation found in countries like Saudi Arabia. Sharia Law was introduced by presidential decree to guarantee greater uniformity in religious courts rulings.
Some radical groups have come out against the reforms; among them, the Indonesian Mujahidin Council –led by hard-line religious cleric Abu Bakar Ba’asyir and by many considered to have inspired the Bali bombers– which claims that most reform proposals are contrary to the principles of Islam.
Another opponent is Dien Syamsuddin, deputy chairman of both Muhammadiyah and the Indonesian Ulema Council, who says that the Ministry of Religious Affairs might have drafted the proposals but it did so without consulting religious leaders. “The government or the House of Representatives should not make a hasty decision and adopt this draft before it is accepted by the Ulema Council,” he said. Syamsuddin is considered a radical, who is using his political status for personal gain,
More moderate Muslim leaders call the reforms “revolutionary”. Noted scholar Muslim Abdurrahman believes that Indonesian Muslims must be open to legal reforms. “Indonesian Muslims live in a favourable situation with options available to them,” he said. “A Muslim can already choose between Islamic and secular law in, for instance, the area of inheritance,” he added.
For Abdurrahman, Islam encourages ijtihad (interpretation) in the area of fiqih (jurisprudence) so that it might adapt to changing realities. For this reason, “it is good if people are involved in a debate about Sharia reform,” he said.
Masdar Mas’udi, Nahdlatul Ulama’s deputy chairman, warmly welcomed the draft proposals but stressed the difficulties the approval process would encounter pointing out that changes would be opposed by more radical leaders like Dien Syamsuddin. In his opinion, “there is no problem if the government intends on drafting a new law. But if the law involves symbols of Islam, it should follow the logic of Islamic law so that certain principles are not violated.” Mas’udi went further saying that “Islamic laws on family, including those about mixed marriage or inheritance, must change respecting Islamic principles and attitudes. [Otherwise,] the new law could turn some Muslims away from their traditions.”
Ulil Abshar Abdala, founder and director of the Islamic Liberal Network and a Nahdlatul Ulama leader, said that it was inevitable that Islamic Law be interpreted according to the times. “Maybe most mainstream ulemas will oppose it,” he warned, “but we should always consider new ways of thinking.”