islam, politics and change

sharia-based laws 165

However, despite the reforms, this research on proceedings at three

religious courts in Cianjur and Banten has shown that women continue

to remain subordinate and weak in cases of polygamy, custody and
post-divorce alimony for their children. In the case of polygamy, the
strict interpretation of the Qurʾan by the judges of religious courts and
the lenient application of Islamic law interpreted by the state often
result in decisions which go against the interests of Muslim women.
The ambiguous legal conception ofmaslahat(public interest) and the
absence of a proper mechanism to enforce judges’ decisions can have the

same negative consequences for women in court cases concerning their

right to custody or right to alimony for their children.

The new local Sharia regulations can worsen gender injustice and
substantially harm women in the public sphere. Moreover, from the
perspective of international legal standards, they do not conform to
rights of equality, freedom of religion and expression, protected by
the international covenants that have been ratified by Indonesia. Such

regulations need to be reviewed because they curb women’s freedom to

act and violate the protection of human rights in general.