islam, politics and change

(Ann) #1

sharia-based laws 143


would be solved if there were legislation in place which obliged women


to amend their attitudes and behaviour.


In Cianjur an association of Muslims called simlui (Silaturahmi dan


Musyawarah Umat Islam/Good Relationship and Consultation in the
Islamic Community) urged the implementation of Sharia, and con-
vinced the people of Cianjur that Sharia is the solution to social ills
and could improve the morality of Cianjur society. Members of sim-
lui therefore promoted a number of regulations inspired by Islamic
doctrines which called for the adoption of Islamic dress codes, requir-
ing that Muslim women wear a jilbab. To give substance to local
byelaw No. 3/2006 on the Movement to Create a Pious Society/Gate
to Love and Peace (Gerakan Pembanguan Masyarakat Berakhlaqul
Karimah/Gerbang Marhamah) the bupati (regent) of Cianjur required
Muslim civil servants to conform to Muslim dress codes in govern-
ment office. However, while the Bulukumba regulation on the jil-
bab applies to all women, the Cianjur regulation is only in force for
Muslim civil servants. Male civil servants are also expected to follow
Muslim dress rules and have to wear a so-calledbaju kokowhen in


office.


As is the case also elsewhere in Indonesia, the Cianjur regulation was,
according to its proponents, issued to provide security for women and
protect their dignity. However, opponents of these regulations argue
that the way women are protected has in fact marginalised them and
confined them to domestic life; according to them, women have become


the victims of these Sharia-based regulations.


3 Women at Religious Courts: Judges’ Legal Discretion


This section observes the outcomes for women of legal cases in the
courts and the factors contributing to these outcomes. The key points
that are investigated relate to how religious court judges regard and
position women who are involved in legal disputes and the degree to


which women’s interests are served in court.


3.1 Remaining Subordinate: In Which Case(s) and Why?


Despite many reforms, women continue to have a weak position in


court in cases of polygamy, custody and post-divorce alimony for their


children. There are a number of factors that contribute to this.

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