BBC Monitoring Service – United Kingdom
Published: Aug 29, 2007
This report summarises two articles on implementing Shari’ah [Islamic law], which were carried in the online edition of Republika on 26-28 August 2007.
“Proposing the Concept of Shari’ah”
Unattributed article: 28 Aug
This article reported on comments made by three prominent individuals regarding the need for Islamic political parties to fight for the implementation of Shari’ah.
“Some people say [implementing Shari’ah] is impossible. But it won’t be if the members of parliament are committed. Another point to note is that Shari’ah should only be implemented by Islamic parties,” said Al-Kaththath, secretary general of the Islamic Community Forum (FUI).
Al-Kaththath also reportedly believed that Islamic parties needed to propose how Islamic concepts would work in a variety of sectors, such as the economic, defence and natural resource sectors. “If they refer to themselves as Islamic parties, then they need to address these concepts and examine them from the perspective of Shari’ah,” he was quoted as saying.
However, Al-Kaththath did not want to comment on whether he thought Islamic parties were fighting for Islamic ideas or just using Islam for political purposes.
The article also reported on comments by Indonesian Mujahidin Council (MMI) Emir Abu Bakar Ba’asyir. “[Islamic] parties must be firm in parliament. If they aren’t going to be firm, then they needn’t exist,” he said. He admitted that fighting for Shari’ah in a democracy was difficult because if a vote was held on the issue, the majority may not vote in favour of it.
Hizbut Tahrir Indonesia (HTI) Spokesperson Ismail Yusanto also emphasised the need for Islamic parties to have a consistent stance on Shari’ah and not just use it as a political commodity. “At the moment it is not clear. Sometimes they move between politicising Islam and Islamising politics,” Yusanto explained.
He questioned whether Shari’ah could become the dominant system in Indonesia, given that the conventional system and Shari’ah were diametrically opposed. He suggested that if the two were to exist at the same time, Shari’ah would become the subordinate system. “…But this cannot be referred to as implementing Shari’ah and it would never resolve economic problems,” Yusanto explained.
“Shari’ah: A Growing Phenomena”
Unattributed article: 26 Aug
On 24-26 August 2007, Islamic ulema or clerics from across Indonesia attended a conference hosted by the Crescent Moon and Star Party (PBB) in Puncak, West Java to discuss implementing Shari’ah.
This item reported on comments made by Ramly Hutabarat, an adviser at the Department of Justice and Human Rights, at the conference. Hutabarat argued that Shari’ah was historically a part of Indonesia’s legal system.
According to the article, Hutabarat explained that the Jakarta Charter still held sway over the 1945 Constitution even though the sentence stating that Shari’ah be observed by all Muslim citizens had been omitted. As explained in the article, a 5 July 1945 presidential decree stated that the Jakarta Charter was still an inseparable part of the constitution. “As a result [of this decree], no law or regulation passed in Indonesia may contradict Shari’ah,” he was quoted as saying.
Hutabarat explained that it was therefore not unconstitutional to formulate laws based on Islam. However, he added that implementing Shari’ah in order to create an Islamic state would attract strong opposition.
Source: Republika, Jakarta, in Indonesian 26 Aug 07
BBC Monitoring
shari’ah gives to the Muslim world a unity and coherence to society not found in any other major world religion.
Until the twentieth century, the ‘ulama was a vital part of all Islamic government. Since all Islamic society is to be founded on the the sacred law, the ‘ulama had special functions in legislation, adjudication, and interpreting the law.
“O you who beljeve! be maintainers of justice, bearers of witness of Allah’s sake, though it may be against your own selves or (your) parents or near relatives; if he be rich or poor, Allah is nearer to them both in compassion; therefore do not follow (your) low desires, lest you deviate; and if you swerve or turn aside, then surely Allah is aware of what you do. ”
(Wahai orang-orang yang beriman, jadilah kamu orang yang benar-benar penegak keadilan, menjadi saksi karena Allah biar pun terhadap dirimu sendiri atau ibu bapa dan kaum kerabatmu. Jika ia kaya atau pun miskin, maka Allah lebih tahu kemaslahatannya. Maka janganlah kamu mengikuti hawa nafsu karena ingin menyimpang dari kebenaran. Dan jika kamu memutar balikkan (kata-kata) atau enggan menjadi saksi, maka sesungguhnya Allah adalah Maha Mengetahui segala apa yang kamu kerjakan.(TQ. Annisa:135)
We pray to Allah (swt) to grant the Muslim Ummah victory and establish for us the Khilafah Rashida that will bring true accountable rulers to the Muslim world. Ameen