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Detail
BukuThe Implication of Sharia Implementation on Human Rights
Bibliografi
Author: Mardisontori
Topik: women’s rights
Bahasa: (EN )    
Penerbit: The University of Melbourne     Tempat Terbit: Melbourne    Tahun Terbit: 2007    
Jenis: Papers/Makalah
Fulltext: Mardisontori.pdf (157.71KB; 2 download)
Abstract
The application of Sharia in Aceh is granted by Indonesian laws. In addition, the granting of implementation of Sharia is enshrined in the Helsinki Peace Agreement between the Government and the Free Aceh Movement. The demand of majority people in Aceh to live in accordance with its unique Islamic culture also contributes to the Sharia application. However, the implication of Sharia implementation in practice seems to violate women’s rights. Attempts to implement Sharia by new Sharia agencies, such as Wilayatul Hisbah/ Sharia Police may violate women’s human rights under international regulations i.e. CEDAW. This may due to the ambiguity of Qanun leading to misinterpretation by authorities and community. Moreover, the lack of competency of new Sharia institutions seems to contribute to continuing violations of women’s rights. The biased perception of the community in interpreting the Islamic laws, the fiqh- male bias, and the interpretation of the holy Quran may also contribute. The provisions on Islamic dress in Aceh are in fact not too rigid. They do not provide a harsh punishment. Instead, the provision gives three times warning prior to imposing the punishment or ta’zir. Therefore, the Government and NGOs should be concerned with the violations which have been occurring during the attempts of the Sharia implementation. It is suggested, for example, by providing training the Syariah Officer as means to understand the international human rights standards and promote the equality between men and women. Otherwise, Indonesia’s international human rights obligations under CEDAW maybe becoming seriously threatened.
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