Budaya Damai “Kyai”, Masih Adakah?

Pembakaran rumah pemimpin Syiah, Kyai Tajul Muluk, di dusun Nangkerenang, Desa Karang Gayam, Kecamatan Omben, Kabupaten Sampang Madura pada 29 Desember 2011 lalu, menjadi penutup catatan buram kebebasan beragama di Indonesia. 353 orang korban kini mengungsi di GOR Sampang. Mereka menolak dipulangkan, sebelum pelaku pembakaran ditangkap oleh pihak yang berwajib. Polisi kehilangan taring. Para LSM satu per satu meninggalkan lapangan. Berharap mengurai kebuntuan di luar Sampang. Para pemimpin agama dari kubu mayoritas tetap meyakini bahwa tindakan penyerangan itu dipicu oleh merebaknya paham sesat. Pimpinan Suni, Kyai Rois (tersangka), belum memberikan tanda-tanda untuk membuka rekonsiliasi. Begitu pula Kyai Tajul (korban), semakin mengeras dengan tuntutan “adili pelaku”. Tidak ada yang mau mengalah. Ya… kita sedang disuguhi tontonan Kyai “makan” (re: bertikai dengan) Kyai.

Kepatuhan pada figur kyai dalam tradisi Madura melebihi kepatuhan terhadap pemimpin Negara. ini karena kyai dipandang sebagai tempat menimba ilmu agama yang akan menyelamatkan umat muslim. Agama diyakini bukan sekedar ritual tapi lebih dalam sebagai way of life orang muslim. Olehkarenanya belajar agama adalah belajar bagaimana hidup sebagai muslim. Dalam prakteknya, kyai bukan saja berperan sebagai pemberi ilmu, tapi juga dipercaya mempunyai kedekatan terhadap Tuhan (re: Allah). Sehingga doa seorang kyai diyakini sangat manjur. Tidak heran peran kyai akhirnya merambah pada wilayah sosial seperti mencarikan jodoh, memberikan nasehat pernikahan, melakukan adzan pada anak baru lahir, mendoakan orang mati, melerai pertikaian dan sebagainya. Peran-peran tesebut diberikan karena dipercaya bahwa kyai memiliki sifat-sifat tauladan untuk menjaga keharmonisan hubungan manusia dengan Tuhannya, manusia dengan manusia dan manusia dengan alam.

Remodeling the protection of Minority in Indonesia: Case of Shia Sampang

On 5th June 2013, the ministry of coordinator of people welfare held focus group discussion regarding finding best solution for Shia in Sampang. I was invited to be one of speaker in the workshop together with Mas Ihsan  from Paramadina and representative of minister of politics and human rights. The aim of the workshop was to understand the root causes of conflict in Sampang and find the relevant solution which could give win-win solution to both Shia and Sunni. 

It has been nine months, 147 Shia people are staying at indoor stadium called GOR Sampang. they are affected by the attack of intolerant mass on 26th August 2012 which caused many peple injured, 1 person die and hundred men, women and children ought to flee from their village, Nangkernang-Omben-Sampang-East Java. Though government has provided basic support to internal displaced people (IDPs) regarding their food, sanitation, clean water and security. This does not effect to push to resolution phase of conflict. The Sunni group which affiliated to the Bupati (head of district) and Muslim leaders coalition called Basra  are insisting to relocate Shia far out side Sampang. while, shia would like to go home to their home town. But since there is no guarantee from the government and security force, Shia people must wait for sometimes.

According to Mr. Damanhuri from Ministery of Politics and human rights, the local government has spent about  Rp 2.767.257.500 to give IDPs subsidize. The policy of emergency is only for three months period, but now IDPs has been 9 months living there. Assessment and visit from the national government has been taken place but no concrete solution could be executed to end the conflict and displacement. 

Access to Justice for Muslim Women in Conflict Affected Area: Is “Shariah Law” Effective?

“The women victims are forced to marry the perpetrators to suppress the shame. Sometimes, the rapes or sexual harassments are videotaped and then publicized. If the perpetrators are military officers, the cases have to be tried in Court Martial and the victims are not allowed to bring the cases directly to the Court as being the plaintiff”….(quoted from presentation of Angkhana Nilapaijeet in Bali, 2-3 May 2013)

The quotation above is one of other cases of Muslim women from conflict affected area in Southeast Asia, which had been shared during Expert Group Meeting in Bali held by The Asian Muslim Action Network (AMAN Indonesia) with the support of UN Women. Attended by 28 Muslim women from Thailand, Cambodia, Burma, Philippines and Indonesia, the Expert Group Meeting (EGM) was interested to find an intersection between women human rights instrument such as Convention on Elimination of All form of Discrimination and Violence Against Women (CEDAW), UN Resolution 1325 regarding women, peace, and security and Muslim Family Law to advocate access to justice.  This article is intended to answer whether Shariah Law is effective to respond access to justice for Muslim women in conflict affected area in Southeast Asia.

Though almost all countries, 187 out of 193 countries have ratified CEDAW, on the contrary the number of cases of violence against women are prevalence. UN Women reports that in Vietnam 95 of cases of domestic violence (DV) and in Indonesia 96 percent are perpetrated by husbands against their wives. In Thailand, 44 percent of women victim of DV reported that they have suffered sexual and physical abuse while in their current or former relationship. It is also shocking in Malaysia, 57 percent of DV survivor have suffered from their husband, ex husband, live-in partner or boyfriend in the first year of relation.

In simple words, CEDAW is threatened by cultural norm which is discriminative to women that has blocked access to justice of victim and survivor of violence against women. As instrument of human rights, states obligation and demands such as complaint, redress, and remedies for violations of women’s rights are explicitly stated on CEDAW. Therefore, to guarantee effective and gender responsive justice, that potentially prolong discrimination against women, which inhibit women’s capacities and capabilities, restraining their legitimate demands to voice, choice and safety, should be strongly taken consideration by the justice sector.

To optimal CEDAW, in the context of conflict and war, the UN Security Council Resolution 1325 regarding women, peace and security is addressed. This resolution is to ensure women’s involvement in all phases of conflict prevention, protection, participation in decision making process, including relief program during conflict, recovery and rehabilitation. Shadiah Marhaban from Indonesia suggested creating a women forum coexisting with peace forum to increase possibility to have more women representative in the peace agreement. Her personal experience as the only woman included in the Helsinki peace agreement gave strong lesson on how important women to have strategic role in preparation of peace talk.   

Access to Justice for Muslim Women Living in Conflict Affected Area in Southeast Asia

On 2nd-3rd May 2013, The Asian Muslim Action Network (AMAN) is going to hold two days workshop in Bali by inviting Muslim women living in conflict affected areas in Southeast Asia. The workshop is aimed to facilitate sharing and learning experience among Muslim women from conflict zone to discuss about access to justice. In answering problem access to justice, the workshop will linkage framework human rights, which instruments of human rights such as Covenant on Elimination all form of discrimination against women (CEDAW) and UN Security Council Resolution (UNSCR) of framework of Muslim family law. What are the linkages of human rights framework and Muslim family law in the context of conflict? 

I am not going to answer this question this time, but i would like to give my opinion on the linkages of human rights and Muslim family law. Firstly, the linkage between CEDAW and UNSCR. CEDAW has emphasized on elimination of all forms of violence against women, including in the situation of conflict, while UNSCR 1325 on women, peace and security, resolution 1820 and 1888 emphasizes on sexual violence in conflict situation, and resolution 1889 focuses on women in peacebuilding and peacekeeping mission. Though each resolution has different focus, but each of them has strong focus on involving women in conflict transformation, in specific to pay attention to survivor of sexual violence. Therefore CEDAW and UNSCR are strong tool to fulfill access to justice. 

What about Muslim family law? In many context of muslim society, family law is considered the core teaching  on relation between men and women. To deconstruct gender relation in society, we have to deconstruct family law. What does it mean? it is about reinterpretation of islamic teaching on looking at equal relation between women and men in our society. In debating family law, we are questioning concept of witness during marriage, dowry, legal status of marriage, inheritage, the rights to divorce, the rights to child custody, the rights to receive income from ex-husband, etc. Other issues such as public participation among widow and the rights to get job for widow are still debating and somehow hinder muslim women to get access to justice. Is the situation remain similar for muslim women living in conflict affected area? 

The result of 2 days workshop will reveal this issues and see in specific context of Indonesia, Phillipines, Thailand, Cambodia and Burma, the family law hinder or support muslim women to get access to justice in situation of conflict or post conflict area. I would be glad to share to all of you through this blog. *** 

You may contact me to remind me if i am late to upload the result of workshop dwiruby@yahoo.com 

Where should minority children be involved in the battle of freedom for religions?

Three months ago, I had change to meet some women from GKI Yasmin in Bogor to know their progress as well as to seek possibility to have joint program. My visiting was so fruitful because it was attended by core team of women of GKI Yasmin, where most of them are so powerful and ready to move forwards to help other minority women. Wow..how this fantastic to hear about fresh energy, who are ready to assist other women minority to take up and fight for justice. 

There was one interesting story from our discussion that i would like to pick and highlight in this writing, was about the position of children. "Are your children aware of this case?" I asked Ibu Ning, the leader, about the situation of children in responding the discrimination against faith minority. " I even dont think about it," said Bu Ning. 

According to Bu Ning, there is almost no space for children or youth belonging to GKI Yasmin shared about their feeling during the church facing confrontation from unknowed mass that cause sealing of church. Since 2006, the follower of GKI Yasmin has been fighting to get their rights. Though they won in the state court, and The President has been urged the major city to take follow up action to open the seal from the church, but nothing happen. Last Christmas, the rejection was still strong. 

Go back to the situation of GKI Yasmin's children, it is obvious that children or youth are not involved much in the situation. Moreover, the parents tend to avoid children from the discourse of rejection of church. In fact, children and youth are often witnessing the clash between violent mass and their parents almost every Sunday. Children and youth are actively involving in the rally and regular worship in front of the President Palace. 

They have leant something, but they may not be able to express their desparation, confusion, doubt, hatred to "Islam" because this group which obviously have been making distraction during Sunday worship using "Islamic symbol". I am afraid that children are having negative thinking about Islam and generalize that all muslim are bad. They may also hold hatred to all muslim and closed their friendship to Muslim children. 

We, adult people must pay attention of this since early stage. Children of minority need a space where they can express their feeling and voice. The adult must hear their thought over the case and dig up possible solution from the persepctive of children and youth, so perhaps some innovative solution can be formulated. Children from minority need to be met with children from majority. Hence, they can get different persepctive of diverse muslim and still find friendship to other muslim who believe on tolerance and non violence action. So, open space for children and youth, let them be free to speak up. ***

I Say "Merry Christmas" Because You are Human Being

I am glad that finally the leader of Nadhlatul Ulama (NU), one of biggest Muslim mass organization, Said Aqil Siradj remarks that "saying happy Christmas" would not fade away the faith of NU's member. In the big dillema situation of minority in Indonesia, especially case of worship place establishment, the strong political statement from the leader of NU is urgent to clarify how Muslim should take position in building tolerance with non Muslim.  One of good example is by saying Merry Christmas to our neighbors, friends and family members who believe on Christian teaching. Moreover, statement from Said Aqil has clearly clarified NU's position in responding to intolerance wave spreading by narrow minded Muslim groups.  

I agree with Said Aqil's statement on Ratyat Merdeka Online ( http://www.rmol.co) published on 21 December 2012 responding Indonesian Ulama Council (MUI) to prohibit Muslim Say Marry Christmas, highlighted that this issue should not be addressed because it is normal way to show our tolerance to our sisters and brothers from Christian group. Moreover, there is no single text from the Qur'an or Hadith supporting prohibition of  Christmas greeting. But why do some Muslim strongly prohibit this practice?  The only reason is perhaps, they are afraid of faith conversion. Because they believe that Jesus is not Isa Almasih. When Muslim says happy Christmas, this can be considered as believing on Jesus teaching or Christian teaching.  Moreover, it is also to simply when you think that after saying happy Christmas then you suddenly change your faith. I believe that there is no study about it, unless conversion to Christianity must be based on fundamental reason, rather than just simply saying "happy Christmas". Or other reason can be "yes man" culture among follower of the group, often not questioning any decision made by the leader, who may have political agenda by publishing intolerance statement against minority.