Activists say Sharia shaming led to suicide in Aceh

Task Force for Children Protection co-ordinator M. Ihsan tells reporters on September 13th that Sharia law enforcers must consider a child’s perspective in handling juvenile cases. [Elisabeth Oktofani /Khabar].

Activists are lamenting the suicide of a 16-year-old girl in Aceh who hanged herself just days after she was arrested by Sharia police and accused of prostituting herself.

The girl and a friend were arrested as they attended a concert in Langsa, East Aceh on September 3rd. Three days later, she was found dead in her room. Her family later found a suicide note in her school bag.

“Father, forgive me, for I have brought shame on you and others, but I swear that I’ve never sold myself to others,” the note said, according to excerpts printed in Indonesian media. “That night, I was just watching a concert in Langsa, and I was sitting on the field with a friend.”

Three local tabloids ran articles the next day about the arrest of “teenage sex workers” at the concert without verifying the claims, according to the Banda Aceh chapter of the Alliance for Independent Journalists, The Jakarta Post reported.

In Jakarta, activists called for greater protection of children and an end to local laws they said discriminate against women and girls.

“The public arrest process will certainly make people feel humiliated,” Feri Kusuma from the Commission on Missing Persons and Victims of Violence (Kontras) said at a press conference on September 13th.

“The procedure for the implementation of Sharia law for juveniles must be differentiated from adults,” said Maria Ulfah Anshor, former chairwoman of the women’s wing of Nahdlatul Ulama, the largest Islamic organisation in Indonesia. “The implementation should refer to the 2002 Children Protection Regulation, which requires a children-specific approach.”

“It needs to be understood that teenagers or children accept negative labels in different ways than adults,” agreed M. Ihsan, co-ordinator of the Task Force for the Protection of Children (Satgas Perlindungan Anak). “It is very important to use a children’s perspective for cases involving juveniles.”

He regretted that Sharia police arrested a juvenile in a public place and directly accused her of violating Sharia law without further investigation.

Many juveniles who have a public encounter with the Sharia enforcers do not want to go back to school because of the stigma – regardless of whether their actions were right or wrong, he said.

According to the National Commission on Violence Against Women (Komnas Perempuan), the case is not the first in which a public-shaming based on morality laws had led to death. “PE’s case is actually not the first time it happened,” Komnas Perempuan Commissioner Andy Yentriyani said, using the initials of the girl who hanged herself.

She pointed to the case of Lilis Lisdawati, a housewife from Tangerang, Banten arrested and incarcerated in 2007 on charges of being a prostitute. With no access to judicial recourse, unable to regain her good name, Lilis sank into a depression and died.

Komnas Perempuan has identified 282 regional regulations (Peraturan Daerah/Perda) that discriminate against women, including 207 that directly target women, Andy said. For example, 60 local laws regulate how a woman dresses, and 38 limit a woman’s freedom of movement.

Many such regulations are established to promote religious values and morality. But their implementation tends to violate human rights that are protected by the Constitution, she said.

Komnas Perempuan has identified 15 discriminatory regulations in Aceh. Violations can lead to cruel and humiliating punishments such as beatings, canings, being bathed in sewage water, being paraded and forced to marry, the group said.

“Even though Aceh implements Sharia law, the implementation must be in accordance with –and follow– our Constitution,” Andy told reporters.

Shia cleric’s trial legally flawed: experts

A team of legal experts says judges’ verdict was based on allegations, not evidence, in the test case for Indonesia’s Shia community

Tajul Muluk did not receive a fair trial, according to legal experts who reviewed the case of the Shia cleric from Sampang, Madura currently serving a two-year sentence for blasphemy.

The Sampang District Court unfairly discarded defence witness testimony, failed to provide a certified translator for witnesses who spoke only Madurese, and ruled based on unproven allegations, according to findings presented at a press conference in Jakarta on September 17th.

The five-member team that reviewed the trial consisted of professors from Gadjah Madah University (UGM) and Indonesia Islamic University (UII) in Yogyakarta, and a former judge.

“There is no justice for the defendant. The legal procedure was not used properly,” said UGM professor Zahru Arqom, urging the Supreme Court and Judicial Commission to conduct their own review of the case.

“We saw several things related with the lack of criminal procedure. Some of the witnesses who were interrogated by the investigators actually cannot speak Indonesian. But the case report was written in Indonesian,” said Muhammad Arif Setiawan, a legal expert from UII.

“It needs to be understood that the investigation report is usually rendered in an understandable language, in this case Madura language, because the report must be signed by the witnesses,” he said.

On July 12th, the Sampang District Court sentenced Tajul Muluk to two years in prison for deviant religious teachings and causing public anxiety, under article 156a of the Criminal Code on blasphemy and article 335 on unpleasant conduct.

On September 21st, an East Java High Court judge increased the sentence to four years, according to media reports confirmed by Khabar Southeast Asia.

Lack of evidence

Tajul Muluk was arrested and prosecuted after a mob attacked the Sampang Shia community in December 2011. His house, pesantren and place of worship were also burned down.

His conviction in July was based on evidence from witnesses who testified that he taught an unauthentic Qur’an, instructed his followers to pray three times a day instead of five, and said pilgrimage to Mecca is not obligatory, which is contrary to most Islamic schools of thought.

In August, Abdullah Beik, chairman of Ahlul Bait Indonesia (ABI), an organisation which has been advocating for Shia Muslims in Indonesia, told Khabar that Tajul would appeal his conviction.

“The Sampang District Court decision is actually unfair because the judge did not have enough legal evidence such as a video or audio to prove that Tajul taught an unauthentic Qur’an,” he said.

The blasphemy charge had no legal foundation other than a decree issued by the Indonesian Ulema Council (MUI) of Madura. “However, central MUI in Jakarta never declared Shia as deviant,” he said.

Tajul’s case has raised concerns among the Shia community, he noted. Followers now fear criminal prosecution in addition to attacks.

Attacked Again

On August 26th, Tajul’s village was attacked again by local Sunni Muslims. Two men were killed, dozens were injured and 37 Shia homes were burned to the ground.

“The court should be the institution to guarantee Tajul legal protection. Those who attacked him and his community should be facing legal processes,” Ifdhal Kasim, chairman of the National Commission on Human Rights (Komnas HAM) told the September 17th press conference.

The only person arrested in the wake of the December violence was Tajul Muluk. However, police arrested five suspects from the incident in late August, and seek four more.

Indonesians decry attack, call for acceptance of Shia minority

People attend a candlelight vigil at Proclamation Monument in central Jakarta on Tuesday night (August 28th) to pray and show support for Shia Muslims in Sampang, Madura after local Sunni Muslims attacked the community, killing two men and burning dozens of homes. Hundreds attended the Malam Seribu Lilin (Night of a Thousand Candles). [Elisabeth Oktofani/Khabar].

Indonesians are condemning the latest attack on a Shia Muslim community in Sampang, Madura, and urging the government to state publicly that Shia is not a perversion of Islam.

Local Sunni Muslims attacked Karang Gayam village on the island Sunday (August 26th), killing two men and torching dozens of homes, causing hundreds to flee. The same Shia community was attacked in December 2011.

Commenting on the events, Minister of Religious Affairs Suryadharma Ali said that violence in the name of religion cannot be justified, and urged dialogue to resolve issues in the community.

“Religion teaches peace and does not teach violence. The different opinions of religion have always been there, including about Shia and Sunni. However, it does not mean that we can use it as a reason to conduct any violence against others,” he told Khabar Southeast Asia.

“Therefore, if there is a different opinion about some issue, it should be solved with constructive dialogue.”

Marzuki Alie, Speaker of the House of Representatives (DPR), called on the government and the Indonesian Ulema Council (MUI) to actively educate society about the Shia sect of Islam.

“It is clear to see that there is a misunderstanding in society [in claiming] that Shia is a perverted religion. The lack of understanding has caused misperceptions and triggered anarchy in the community,” he said.

“Therefore, it is very important that the Ministry of Religious Affairs and MUI explain to society the position of Shia in Islam, to eliminate threats to civil order,” Marzuki added.

OIC, Nahdlatul Ulama view Shia as legitimate

A top figure in the human rights community urged the government to disseminate “to all levels of government institutions throughout the nation” the stance of the Organisation of Islamic Co-operation (OIC), which considers Shia a legitimate form of Islam.

“There is no reason to say that Shia is a perverted religion because the OIC considers Shia and Sunni to be the same,” said Choirul Anam, executive director of Human Rights Working Group (HRWG), a coalition of non-governmental organisations working in the field of human rights.

Nahdlatul Ulama (NU), a traditionalist Sunni group that is the largest Muslim organisation in Indonesia, also does not dispute the legitimacy of Shia as a branch of Islam – even though some of its members, particularly in East Java, appear to hold sectarian views not sanctioned by the organisation.

Sunni and Shia Muslims have the same God (Allah), the same prophet (Muhammad), and the same holy book (the Qur’an), NU deputy secretary general Imdadun Rahmat told Khabar.

“Even though Shias differ on who was to take over the leadership of the Muslim community after the Prophet died, we still consider Shia to be a part of Islam and we do not dismiss Shia,” he said.

Nusron Wahid, chairman of the youth movement of NU (Gerakan Pemuda Ansor/GP Ansor), told Khabar that GP Anshor condemns the attack in Sampang and is willing to raise funds to help the Shia community rebuild their houses.

“For the sake of human rights, we will help them to rebuild their houses. We are not going to see whether they are Shia or Sunni when we are helping them,” he went on.

“I would say that it is not our right to judge them whether they are right or wrong. Only Allah can judge their beliefs as Shia followers,” he added.

Assault suspects face grave charges

Police have arrested and investigated eight suspects allegedly involved in Sunday’s assault. The suspects are facing five charges including murder, assault, group assault, vandalism and participation in a crime.

“The mastermind of the attack, whose first initial is R, has also been arrested. There are still three more suspects at large. God willing, we will arrest them soon,” National Police Chief General Timor Pradopo told reporters on Monday.

Police also seized hundreds of sharp-edged weapons including sickles, machetes, and swords from the location of the attack.

Meanwhile, during a speech commemorating the 67th anniversary of Indonesia’s independence on August 17th, President Susilo Bambang Yudhoyono again stressed the importance of pluralism and tolerance in a nation as diverse as Indonesia.

“Our state should be the window of tolerance and harmony. It should not be the window of community conflict or horizontal violence,” he said