Al-Sharī'a al-Islāmiyya fī 'Asr al-'Amrikaziyya al-Iqlīmiyya bi Indūnīsiyyā

Abstract

After Indonesia entered the reformation era in 1998, followed by the implementation of a policy of regional autonomy in 1999, Islamic law became one of the most hotly debated issues in the social and political scenes of Indonesia. This is strongly related to increasing calls for the implementation of regional regulations (peraturan daerah, or Perda) that add to prospects of the introduction of Islamic law. The regions making such calls are those which are already well-known for their strong Islamic traditions. These regions also have a long history in the struggle for the implementation of Islamic law. This article covers the efforts being made by two regions of Indonesia to implement Islamic law, that is, Aceh and West Sumatra. As one of the Special Autonomous Regions in Indonesia, Aceh has far greater freedom and authority to make its own rules and regulations, which includes the use of Islamic law as the rule of law in the area. In order to achieve this objective, the Government of Aceh has introduced a regulation regarding the implementation of Islamic law and is quite extensive in that it covers aqidah (Islamic beliefs), ibadah (matters of worship), muamalah (dealings between people), akhlak (character), pendidikan (education), dakwah, baitul mal (the treasury), kemasyarakatan (social matters), syiar Islam (Islamic propagation), pembelaan Islam (defending Islam), peradilan (judicature), jinayat, munakahat (marriage) and waris (inheritance). This means that Islamic law should in theory govern almost all aspects of Islamic law and daily life. With regards to implementation, however, to date it has only gone a far as covering matters relating to khalwat (illegal mixing of the opposite sexes), judi (gambling) and alcoholic beverages. Further developments in Islamic law in Aceh need to be closely monitored continuously for Aceh is essentially a test case and ex ample for other regions that have an ambition to implement Islamic law comprehensively. The other region covered in this writing is West Sumatra, which has also made efforts to introduce certain regulations with a flavour of Islamic law. Here Islamic regulations are not just implemented at the provincial level but also at the district, local and village levels. Islamic law regulations in this region focus on the following areas: first, efforts to wipe out acts of sin in society; second, regarding acceptable clothing, third the obligation to read the Qur'an and do the obligatory prayers, and fourth, the obligation to pay zakat. It is important to mention here that not all districts and villages implement these laws and regulations. This occurs when there is some kind of disagreement between the executive (Pemda) and legislative (DPRD) arms of government. When the Pemda and the legislative arm can come to agreement, regulations can generally be enacted through the DPRD. Hozvever, when the relationship between these two institutions is not harmonious, especially when attitudes towards Islamic law are conflicting, then the regulations are only enforced by the district head or local head. Padang is a good example of this, where regulations concerning Islamic dress codes only have a legal basis as far as the level of instruksi walikota (instruction of the local head). Another important issue related to Islamic law regulations is the rise of social groups that see themselves as the enforcers of Islamic law. This is a phenomenon common to almost all regions that have implemented regional regulations, and West Sumatra is no exception. Groups that fall into this category include Dewan Dakwah Islam Indonesia (DDII), Majlis Mujahidin Indonesia (MMI), Hisbut Tahrir, Komite Penegak Syariat Islam (KPPSI), Paga Nagari dan lainnya. What's interesting is that while the names of these organizations may differ, the followers and leaders are relatively the same type of people. Besides this, the inclusion of organizations as enforcers of Islamic law keeps changing depending on the organization's activities. To date, none of these groups have managed to garner huge levels of support from the wider public. Another factor that needs to be looked at is sociological reality in regards to the implementation of Perda Syari'ah Islam in the various regions. The development and enforcement of Islamic law does of course have benefits for the general public when it promotes something of good to society, and visa-versa.