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THE WEST SUFFERS SHARIA-PHOBIA AND TUNNELVISION SYNDROME AGAINST THE IMPLEMENTATION OF ISLAMIC SHARIA LAW (Responding to the Controversy over Aceh's Sharia Local Laws - Part 1)

بسم الله الرحمن الرحيم

The issue of Aceh and its implementation of some Islamic Shariah Laws is always very seductive for the media, especially when it comes to women's issues. Somehow if there's any rumor about the implementation of Sharia law in Aceh, the liberal media - national and international- become so obsessed and lustful to publish it complete with additional flavors of their anti-Islamic view.

Alleged human rights violations caused by the controversial Sharia law in Aceh - made the Delegation of European Union (EU) visit the Verandah of Mecca on June 17. The EU Ambassador, Olof Skoog, expressed his concern related to the alleged human rights violations against women under the implementation of Sharia law in Aceh. Olof Skoog also accompanied by the ambassadors of the Czech Republic, Denmark, Germany, Italy, and Sweden. He was trying to deeply emphasize the fulfillment of women's rights in the implementation of Sharia, in a forum with the Governor of Aceh, Zaini Abdullah, local human rights activists, and members of the House of Representatives of Aceh (DPRA). Then during October and November 2014, Indonesia National Commission for Women released a report as many as 365 local regulations which assessed discriminate against women, one of which is Qanun Jinayat in Aceh which is a breach of women's human rights. Foreign media such as CNN even did a special coverage proclaiming how Qanun Jinayat Islamic and other Islamic local regulations in Indonesia have been crippling the rights of women. The frequent reports about Islamic Law in Aceh, certainly raises the question in mind; is this Sharia law in Aceh so problematic against women? Is it true that the Islamic Sharia discriminate against women?

This article will try to answer them in two parts. The first part will discuss the Sharia-phobia suffered by the West that has been aggressively attacking the implementation of some Sharia laws in Aceh, which contrasts with the failure of the Western ideology to resolve its mountains of domestic issues on women; and will assert that human rights is NOT the standard that can and should be used to evaluate the implementation of Islamic law which has strong historical roots in Aceh, where Islam has contributed a great deal in ensuring degrees and honors the women of Aceh for centuries. While the second part will describe the dangers of localized and partial implementation of Shariah as seen in Aceh, this practical application essentially is such a Western strategy to entrap Muslims who have a noble spirit to implement Sharia and to hijack the Islamic awakening in order to subjugate to the secular democratic system.

Outbreaks of Western Sharia Phobia and Chronic Myopia Vision

A horrendous incident which happened in mid-May last year in Langsa Aceh where an Acehnese woman, gang-rape victim, that was sentenced to flogging by the Sharia police in Aceh, to be an example of how national and international media highly disproportional exposing it, such as Kompas, The Jakarta Globe, the Daily Mail (UK), and The Age (Australia) reported the news simultaneously on May 6, 2014, with very tendentious and provocative headlines. For example, the headline in Kompas: "Gang-raped by Eight, This Woman Will be Flogged by Sharia Police". Also, the title in The Age: "Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged". Recently an Australian media The Sydney Morning Herald back in criticize this case since eight months after the rape occurred; the police still have not found the five perpetrators of rape. The critic delivered in an article entitled "Aceh's Sharia Law: Raped and beaten; then formally whipped", published on January 9, 2015. Anyone who read such titles will be misunderstood and negatively judge of Islamic law.

The frenzy liberal media have exposed this issue and seemed to ignore the rules of journalism on the empirical chronology, where the case actually represented two different cases that were originated from the caught of an affair between a young widow and a middle-aged man by eight young men. Instead of deliver the case to the Sharia police, the men raped her in turn. On the basis of the legal facts, Head of Islamic Law of Langsa - Ibrahim Latif stated that adultery and rape cases were divided into two separate cases. For rape, he said, was handled by the police for a criminal offense. Criminal penalty for rape is a maximum of 15 years.

If we pay close attention, the West's exaggerated and over-exposed propaganda against Sharia law in Aceh, whether committed by elements of the media or political institutions - in fact, reflecting a form of their paranoia of Islamic law and the awakening of Muslims. Obviously, they are suffering Sharia-phobia. They keep trying to criticize and find faults with those who still cling to the glory of Islamic law and who do not agree with the flawed ​​liberal secular values. The West fears that Muslims will re-implement Islamic law that will become the key to victory, glory, and security for the Muslims even for the whole world. Islamic Sharia made by Allah (swt) that is implemented thoroughly and fairly will be able to resolve all the problems of the humankind.

On the other hand, Sharia-phobia has a strong side-effect for the West i.e. a chronic tunnel vision which blinds them in seeing their own cancerous society. Analog with a Malay proverb, "An ant across the ocean is seen, but not the elephant nearby", the West needs to look in the mirror before pointing the face of Muslims in Aceh. Recently a British survey has revealed that attacks against Muslims are on the rise in the UK, with an average of two Islamophobic crimes reported daily. In addition, the data revealed that 54 percent of the victims of Islamophobia were women, as they wearing visibly Muslim clothing. All of this compiled by academics at Teesside University with 734 incidents, only between last May and February 28, 2014. The release of the survey came just days after Nahid Almanea, a Saudi Arabian student, was stabbed to death in Essex, northeast of London. So the truth is that the West is truly a major importer of women's problem into Muslims countries and also the ringleader for liberal society creation which is insecure for women. Top ten countries with highest rape crime against women are dominated by North American and Europe countries. This phenomenon is a clear evidence that human rights and democracy are just mere political commodities to control the Muslim countries, but not for their own countries.

What a chronic myopic vision! Because the cancerous systemic damage in Western society often only seen as a minor case and the media only blamed "individuals", contradictory if the incident had happened to a Muslim country (especially the one which implement local Sharia law), they would pointing and blaming collectively the Shari'a "System" and the Muslim Ummah. This is truly a disgusting opinion theater played by the West and its liberal media networks. They are more concerned with the deprivation of a very few women's rights to drive cars in Saudi, but turn a blind eye to the mass discrimination and criminalization of Muslim women in their own countries. They are also more interested in the education right of a single person Malala in Afghanistan, while ignoring hundreds of victims of Afghan Muslim children in the attack done by NATO's drones. And they choose to continue campaigning that Sharia laws discriminate against women in Indonesia, rather than offering solution to the masses of Indonesia women who are struggling to afford food and subsequently exploited become millions of domestic workers abroad. Hypocrite!

Challenging the Accusation: Islamic Law Violates Human Rights of Women in Aceh

The Western's charge that the Islamic law violates human rights of women in Aceh needs to be clearly examined, especially on the human rights standard itself that is always used as a benchmark by the Western media. The root of complications and dilemmas arising from the Sharia implementation in Aceh is PRECISELY originated from the subordination of the Sharia law into the secular laws, such as human rights and democracy. Therefore, Islamic Sharia is dwarfed only to be local and partial, and subjugated to the man-made laws and the ideas of secular freedom.

Therefore, to answer this massive accusation, the Muslims Ummah in Aceh should not be weakened and reactive, because this kind of pose will lead to the apologetic attempts to make Islamic law not to be contrary to the human rights ideas, that finally will be caught up on the activities conforming Islam to the hazardous secular values carried by the idea of ​​human rights. In the end, Islamic law which is the law of Allah (swt) will always be put in a subordinate position, while the idea of ​​human rights and democracy which are man-made laws has always been superordinate or higher than the Allah's laws. Allah Ta'ala says to the believers in the midst of their inferior and amid many attacks they receive from the mushrikeen:

((وَلَا تَهِنُوا۟ وَلَا تَحْزَنُوا۟ وَأَنتُمُ ٱلْأَعْلَوْنَ إِن كُنتُم مُّؤْمِنِينَ))

"So do not weaken and do not grieve, and you will be superior if you are [true] believers." [TMQ. Al-i Imran: 139]

On the other hand, we must not forget the history, the land of Aceh and throughout the Archipelago, Islamic Sharia has once implemented comprehensively for nearly 10 centuries under the Islamic Caliphate[1], moreover historians call the era of Islam in the Archipelago as the Golden Era (golden age). This shows that Islam has contributed a great deal to bring blessing, prosperity, and development of the nations of Muslims in the Archipelago, including Aceh.

It is important to note: First, at the era of the implementation of Islamic Sharia in Aceh has not been subordinated by foreign powers and man-made laws as in the case today, so that there are no problematic complications such as current conditions. Second, the implementation of Islamic law at that time was under the leadership of a global Islamic Khilafah "Caliphate", so the scale was not merely a local application in Aceh, but throughout the Archipelago and the regions ruled by Islam. This is shown from the attitude of Islamic sultanates in the Archipelago which considered themselves an integral part of Islamic territory under the leadership of the Islamic Khilafah "Caliphate", in the era of Abbasid Khilafah "Caliphate" or of Ottoman Khilafah "Caliphate". There were relationships between the sultanates, in the dawa, politics, economy, military, and even kinship. This was in contrast with the Hindu-Buddhist era pre Islam where the kingdoms in the Archipelago were separated and mutually attacked each other[2].

The women of Aceh had experienced for many centuries how Islamic law dignified them, raised their public roles, and secured their honors. Therefore, great names of Aceh Muslim Women like Laksamana Hayati and Cut Nyak Dien were only few examples of the many Muslim woman figures who had major roles in the community, absolutely away from the image of being unfettered and discriminated as often narrated by the Western media. In the Islamic era, it is also barely audible about the practice of exploitation or forced labor of the people, including women. It is precisely in these days when Indonesia, the Muslim countries, is implementing the ideology of Democratic Capitalism, where there are millions of women who are deprived of their economic rights due to mass impoverishment done by the capitalist economic system.

Therefore, Muslims in Aceh and the rest of the world should always be aware that Islam is the true identity of them, which dignifies, prospers, and brings blessings on this Archipelago..., NOT another identity that is CONSTRUCTED by the secular ideas! Historical facts cannot be eliminated, that Islam had brought prosperity and blessing to the Archipelago for more than three centuries, while the Western colonialism - both classical and modern imperialism - have impoverished and oppressed it until this very day. And they have continued to work day and night to malign Islamic law, as Allah (swt) says:

((يُرِيدُونَ لِيُطْفِئُوا نُورَ اللَّهِ بِأَفْوَاهِهِمْ وَاللَّهُ مُتِمُّ نُورِهِ وَلَوْ كَرِهَ الْكَافِرُونَ))

"They want to extinguish the light of Allah with their mouths, but Allah will perfect His light, although the disbelievers dislike it." [TMQ. as-Saff [61]: 8]

 

Written for Central Media Office Hizb ut Tahrir by

Fika Komara

Member of Central Media Office Hizb ut Tahrir

 


[1] The history of Sharia Implementation in Indonesia, El Moesa Production 2007

[2] Thematic Encyclopedia of the Islamic World, Volume of Southeast Asia, Ichtiar Baru Van Hoeve

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