Sharia-Based Laws The Legal Position of Women and Children in Banten and West Java

Nurlaelawati, Euis (2016) Sharia-Based Laws The Legal Position of Women and Children in Banten and West Java. In: Islam, Politics and Change The Indonesian Experience after the Fall of Suharto. Bunga Rampai, Vol. 1 (Cet. 1). Leiden University Press, Leiden, pp. 137-166. ISBN 9789087282387

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Abstract

Since the fall of Suharto in 1998, calls for the introduction of Sharia have become more widespread. This does not mean that prior to 1998 no developments in this area occurred. A well-known example is that of Presidential Instruction No. 1 of 1991, the Kompilasi Hukum Islam (Compilation of Islamic Law), henceforth called Kompilasi, issued in 1991, which is considered to be a step towards further codification of Islamic law at the national level. Not only at the national level, but also at the local level there are many ongoing developments in this field. Indeed, as an effect of the policy of decentralisation that was implemented in 1999, the ways in which the introduction of Sharia manifests itself at the local level can vary greatly from region to region. Decentralisation did not concern religious affairs and, apart from in Aceh, which was granted self-government after the Helsinki Agreement of August 2005, regional administrations are not allowed to issue religious regulations. As a consequence, the introduction of Sharia at the local level is limited, in an Islamic sense, to the public sphere and mostly concerns ritual and morality.² This does not mean, however, that the initiatives taken are insignificant. An example is the (demand for) curtailment of the freedom of movement of women under Sharia-based local regulations by, for instance, requiring them to wear a headscarf (jilbab) in government offices and educational institutions and restricting their freedom to leave the house at night.

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