Even though the implementation of shariah law is not publicly discussed by the activists of PKS, as a political party arisen out of a religious movement, PKS will not stray from its commitment to Islamise society and the state. The struggle of how to implement shariah still preoccupies its activists. One member of a PKS committee in East Java said, “Partai Keadilan has never denied the implementation of shariah in Indonesia because it would be foolish for an Islamic party to reject shariah.”[17] In political platform, however, PKS uses the term dakwah instead of shariah
…using dakwah as a means of the purification of human beings based on their natural tendencies (fitrah). Becoming God’s servants who also serve as good exemples and enjoin the good in order to strengthen moral foundations of the nation. Promoting freedom to all citizens to embrace and practise their religion with mutual respect.[18]
PKS’s position on the implementation of shariah can be found in a book written by a PKS activist, entitled Yang Nyata dari PK Sejahtera.[19] The book emphasises that “shariah is mercy for all creatures and the proper implementation of shariah will not bring discrimination. PKS believes that its implementation in Indonesia will provide the solution for the current multi dimensional-crisis. However, it must be done in a peaceful and constitutional way, not through violence or compulsion.”[20] Furthermore, in a different expression, which carries the same meaning, the chairman of PK in East Java has said, “We don’t want to use shariah as a merely political commodity because it saddens us that many activists of political parties strongly demand the implementation of shariah in Indonesia but they themselves do not practise it.”[21]
Believing that the lack of a proper understanding of shariah is the chief obstacle in promoting its application, the Jemaah Tarbiyah activists who occupy the central leadership within PKS have begun to formulate their strategy for promoting its positive image. Implementing shariah, according to PKS, is not merely the need to impose a set of Islamic laws but rather it entails all positive aspects of human values and behaviour. For PKS, universal morality and values must take first priority in solving Indonesian political and economic crises.
In order to gain popular support, the party has worked to make shariah more applicable to day-to-day matters. The meaning of shariah has been widened in scope to include more substantive and practical issues. Korupsi (corruption), Kolusi (collusion) and Nepotisme (nepotism) known by the acronym “KKN” are new areas to combat, so that clean government, justice and welfare are considered to be the main ideals deriving from shariah.[22] The campaign for shariah should be directed towards achieving prosperity, security, justice and peace in the world.[23] In its simplest form, preserving public facilities, such transportation, parks, roads and toilets is obligatory for members of the party. In fact, PKS has tried to spiritualise all profane activities within realm of Islamic values and indeed all can be justified by religious doctrine.
In order to provide the religious grounds for these issues, the arguments are based on the Qur’an and Hadith and as well as on the public interest (maslahah). The manual and training materials of PKS state that preserving individual and public rights is important, since Allah in the Qur’an (XXVIII: 77) states:” …and desire not corruption in the land. Indeed, Allah does not like corruptors.”[24]
According to the activists of PKS, most people still have insufficient information about shariah and tend to see it from a negative point of view.[25] They understand it merely as a legal system that prescribes the severe punishment of crimes under the hudud laws.[26] Hidayat Nurwahid, former president of PKS and currently chairperson speaker of the People’s Consultative Assembly (MPR) in 2004-2009 stated:
The problem is that too many people talk about shariah and they mean cutting off hands and wearing (head) scarves. Our main programme is how to make people better off, how to get justice.[27]
In order to make Indonesians, both Muslims and non-Muslims, comprehend the concept and essence of shariah, Dr. Salim Segaf al-Jufri, chairman of the Shariah Council of the Central Board of PKS, suggests three steps in socialising shariah: educating Muslims, providing good examples and creating dialogue with non-Muslims.[28]
PKS believes that educating people to be well informed about the proper meaning of shariah is an important step. Shariah must be seen as a model that promises prosperity to all human beings. If shariah is described by such acts as stoning adulterers and cutting off the hands of thieves, which alarms both Muslims and non-Muslims, according to PKS, this is a wrong understanding.[29] Shariah contains aspects that apply not only to the legal system but also to economic progress and social solidarity. Rofi’ Munawwar, a chairman of PKS in the province of East Java (1999-2004) explained
It is true that hudud is part of shariah but a just economic distribution for all people is also Islamic. Unfortunately, the aspects of punishment within shariah are more dominant than efforts to encourage wealthy people to help and lift up the poor. If this other aspect of shariah is truly implemented and people gain prosperity, there will be no thieves and consequently the cutting off of hands will never be implemented.[30]
In this regard, PKS has succeeded in reformulating the meaning of shariah into more practical avenues suitable to Indonesian society. Suryadarma, a PKS member of the legislature in the province of South Sulawesi said:
I think a Muslim who understands his or her religion well will practise shariah. Shariah is very wide and not only related to the legal dimensions often exposed by the mass media in a threatening way, such as the cutting off of hands. We focus on a shariah that is related to the achievement of prosperity and the basic needs of the people. In addition, we need to uphold the law in order to ensure the equality of all people before it. Without considering both dimensions, prosperity and law, we think it is difficult to implement shariah. How do we practise a hudud law if the thieves are poor people? How do we observe qisas when we tend to agree with the abuse of politics and power? In short, when we campaign for justice and prosperity, all these are part of implementing shariah.[31]
By educating people about the “essence” of shariah, it is hoped that they will not hesitate to put it into practice. And when Indonesian society supports the implementation of shariah, PKS is ready to bring the aspirations of its constituents into the legislature. PKS attitudes are always determined by the acceptance of the people.
So at this stage, making people familiar with the day-to-day aspects of shariah is more important than promoting its formalisation. PKS activists observe that the majority of people are ignorant of the practice of the true shariah. West Sumatra, for instance, is widely known as a stronghold of Muslim scholars and religious observance, but one activist from this area has acknowledged that the ordinary people are actually far from shariah. The campaign for formalisation in this region will not gain much popular support
PKS raises the issue of shariah not as a political commodity or to win votes. Our mission is to uphold shariah itself. In West Sumatra, this is not an issue which will win us popular political support. The impact of secularism in West Sumatra is very strong. A campaign to bring the people to live in accordance with shariah will face difficulties, since people feel threatened by it. The decline of the Islamic institutions in West Sumatra has made shariah uninteresting. We do not need to campaign for shariah but it does need to be socialised.
He further stated
The important issues for West Sumatra are the economy, education and public health. What makes West Sumatra’s people proud of their region in terms of economy and education? Nothing! We were strong because we had Central Sumatra, including Riau, which is well known for its petroleum. PRRI (Pemerintahan Revolusioner Republik Indonesia) was ready to confront the central government because they knew about the resources. When Central Sumatra was made a new province, we became very weak and poor. What we need is kind of a reformist Islam. Why did Partai Amanat Nasional (PAN) win success in the general elections in 1999 - because they were not too fanatic or too secular! Those who want to practise Islam rigidly and too radically will not put down roots in this society. The typology of the people is moderate, as represented by Muhammadiyah.[32]
Besides educating Muslims about the “true meaning” of shariah, PKS activists try to offer themselves as living examples. Every cadre is expected to practise the teachings of shariah and to ensure that Indonesians, Muslims and non-Muslims, feel secure and comfortable with its concept. They firmly believe that shariah must avoid any possibility of causing discrimination against people, regardless of religion, gender or political aspirations and that shariah must be seen as an alternative solution for Indonesians.[33]
Since ideas of the implementation of shariah are still far from the popular mind in Indonesia, PKS activists have not voiced it during campaigns for the general elections. Even though some districts in Indonesia, such as in some areas of West Sumatra, have issued district policies (peraturan daerah, Perda) requiring female students and civil servants to wear head scarves, the most appropriate issue regarding shariah is the campaign to combat against corruption.[34] One of the PK legislators in the Province of West Sumatra (DPRD I) emphasised:
PK cadres are persons who are in the very beginning expected to practise shariah in their daily activities and to demonstrate it to others around them. They must feel happy and satisfied carrying out shariah so that other people will be interested and follow them. Shariah must lead to achieve welfare and prosperity for all. For that reason PK now adds the word “Sejahtera” (prosperous) into its new name, Partai Keadilan Sejahtera.[35]
PKS has also begun to promote the inclusive nature of shariah. As an example of its conviction of the all embracing nature of shariah, PKS elected a non-Muslim as branch chairman of PKS in one of the districts in Papua, while another elected Member of a regional parliament in Papua representing PKS, Natalis Kamo is a Christian.[36] This decision to include non-Muslims within PKS was not an easy choice since it drew criticism from some members. For instance, a mailing list of PKS sympathisers, partai-keadilan-sejahtera@yahoogroups.com, on March 2004 was filled with questions and criticism of the party’s decision to appoint non-Muslims as members of PKS committees in the Province of Papua and for nomination as legislators as well. The main concern was that this policy did not follow the Traditions of the Prophet and the pious ancestors (al-s}alaf al-s}alih). One argumentation is that “appointing non-Muslims means requiring loyalty to an infidel and it is really against the teachings of the Prophet. The Qur’an states ‘let not believers take disbelievers as allies (i.e., supporters or protectors) rather than believers. And whoever (of you) doest that has nothing (i.e. no association) with Allah, except when taking precaution against them in prudence. And Allah warns you of Himself, to Allah is the (final) destination.”’[37] However, these objections did not last long, since most members of the mailing list advised those who had criticised the policy of Central Board of PKS to trust their leaders.
In order to persuade its members about the validity of its decision in this regard, the Central Board of PKS issues bayanat (explanations) in which it is stated that the prohibition for a Muslim against voting and electing a non-Muslim as a member of parliament is clear. However, the party considers the rights of non-Muslims within the Muslim community the same to observe their religion and to manage their affairs. This is clearly worded in the Medina Charter. The inclusion of non-Muslims within PKS committees and in the parliament reflects the policy of recognising the existence of non-Muslim communities and their representatives in Indonesia.[38]
In the case of the amendment of the 1945 Constitution, particularly chapter 29 regarding religion, the PK, together with Partai Amanat National (PAN) did not support the Jakarta Charter. While other Islamic parties, such as PPP and PBB view the phrase of “with obligation for Muslims to carry out shariah” added in the 1945 Constitution to be critical for the legal acknowledgement of implementing shariah, for PK such recognition of the privileged status of Islam was not a priority. When the Islamic parties in the 2000 legislature raised the issue of returning to the Jakarta Charter, PK neither supported nor rejected the move. Instead, its representatives preferred to propose what they called Piagam Madinah (the Medina Charter), which gives the same freedom to all religions of Indonesia to carry out their teachings.[39] The reason is that the party did not support any effort to impose the implementation of shariah because it would be undemocratic.[40] PK preferred to see the government and the Muslim community strongly committed to the upholding of Islamic values first.[41]
The Medina Charter was the first “constitution” regulated by the Prophet Muhammad to knit all the inhabitants of his community into a single polity.[42] However, the proposal of PK is not a new issue since Piagam Madinah was widely discussed by Nurcholish Madjid in promoting pluralism within Islam.[43] Even earlier, during the debates in the 1959 constituent assembly on the ideological direction of the state, Islamic parties had pushed for the legalization of the Jakarta Carter and they met the objections of non-Muslims and Muslims who were not members of Islamic parties. Even though not referring to the Medina Charter as such, Djamaluddin Malik, the Third Chairman of NU’s Executive Board, proposed a sentence in addition to the Jakarta Charter that “followers of other religions are under obligation to abide by the doctrines of their respective religions.”[44] In fact, the idea of proposing a new sentence by Djamaluddin Malik is similar to the idea brought by members of PKS in order to guarantee the plural religious character of Indonesian state.
PKS has shown a reluctance to promote the position of women in politics but it has started to give recognition to their role. It allows the same opportunities for women to be involved in politics and in the broader arenas of life. PKS has begun the empowerment of women by proposing them as members of the legislature. The Election Law of the 2004 elections stated that parties were required to have at least 30 per cent female legislative candidates, and PKS met this quota in 65 of 69 electoral districts.[45] Even though only four women were actually elected as legislators because most had been put low in the candidate list, their presence is a symbol of the political will of the party in this direction. Compared to PPP, PKS is still higher in terms of female representation in the legislature. Women elected to the 2004 DPR from PKS are 4 of 45 members (8.89%) and from PPP, 3 of 58 members (5.17).[46]
Furthermore, it is interesting that in the district of Gayo Luwes in Aceh, a woman named Nurhayati is the head of the district committee of PKS. She is the only woman in the party to reach such a level of leadership.[47] In addition, female members of the party, Nursanita Nasution and Aan Rohanah have also been appointed members of the Consultative Council, which holds the highest authority in determining the direction of the party. However, the role of women in PKS is still far from satisfactory, since most women on committees of the Central Board have been placed in a special department of women’s affairs. They have not yet been accommodated in other departments on the basis of their true capacity and expertise.
Opportunities have always been open to women but they have not often been ready to take them up. For instance, the PKS Provincial Board of Central Java in 2006 is open for a woman to be elected as chairperson. Members of PKS in that area are free to choose woman as a chairperson. “There are many female cadres in PKS. So it is allowable for woman to run as a candidate for PKS chairperson.”[48]
In responding to the issue of a female president, PKS has revised its objections. Yet however much PKS might prefer a man, the case of Megawati as President of Indonesia, replacing Abdurahman Wahid in 2000, was problematic. PK was actively involved in the campaign to oppose Megawati in 1999. There were two reasons to oppose Megawati’s appointment. The first was ideological and political; Megawati’s party and its members had an inharmonious relation with the Islamic parties. The second was a normative reason: most Islamic parties, including PK, opposed a woman president on religious grounds.[49]
A large demonstration was held in 2000, involving thousands of PK cadres, in front of the National Parliament in Jakarta to request members of DPR/MPR not to choose Megawati. However, during the presidency of Abdurahman Wahid, cadres of PK also held simultaneous demonstrations to call for the resignation of Wahid, which indirectly gave a constitutional opportunity for Megawati to replace him. Why did PK change its stance in favour of a woman as president? They followed political expediency in the legal clause “that men and women are treated equal under the constitution.”[50] Whenever the constitution guaranteed a practice, PK preferred to follow the constitution.
By the good example of its cadres, PKS intends to lead Indonesian Muslims to willingly practise shariah. Even though some Islamic movements that campaign for the implementation of Islamic law argue that the Indonesian people already practise the non-legal aspects of shariah, PKS still considers that its introduction is urgent. It is true that some parts of shariah have been adopted by the state, such as the regulation of marriage and the laws of inheritance and endowment, however, for PKS, the essence of shariah is still wanting.
PKS activists believe that in order to explain the “true” meaning of shariah, a dialogue with non-Muslim organizations and communities needs to be established; as long as non-Muslims are honest about their religion and understand the issue of shariah properly they will not oppose its implementation.[51] Through dialogue, common values among the religions in Indonesia will emerge. Salim Segaf al-Jufri, chairman of shariah board of PKS said
By dialogue a communication is established among different parties, including non-Muslims, if they are fair in dealing with this issue and are not overwhelmed by suspicions. I believe that even though it may raise some dispute and disagreement, we will find common agreement. For instance, whoever lives in this country must agree on the need to combat corruption and to practise justice for all, Muslims and non-Muslims alike. To protect people’s rights, property and souls is the basic thing that all people must agree upon. Is not respect for others’ rights in worship and the practice of their religions part of Islamic teaching (shariah)?[52]
Nonetheless, dialogue has not been an easy task because the elite of PKS have had little experience in initiating dialogue with non-Muslims. Their experiments within Jemaah Tarbiyah activities in the past were confined to their inner groups and rarely did they socialise beyond with the broader society. However, this last step program is still far from applicable for the rank and file of PKS. The PKS has not engaged in the interfaith dialogue that is promoted by the government and other leaders of religious organizations in Indonesia and many PKS activists still hesitate to cooperate with non-Muslims.[53]
According to al-Jufri, the socialisation of the concept of shariah still faces obstacles, since shariah itself is still seen by certain Muslims and non-Muslims as well as something that may threaten sections of society.[54] This is because shariah is promoted by certain Muslim groups such as NII, MMI, FPI and many radical groups in unwise ways, tending towards force and violence. It is a real challenge for PKS to reform this image. As many PKS activists have often said, “it is true that hudud is part of shariah but people often forget that the distribution of wealth is also a significant element of shariah.”[55] The problem is how to find a balance between promoting welfare and proposing shariah, and not to fall into the trap of formalising the sacred whilst abandoning the profane.
PKS’s commitment to Islamic teachings has resulted in actions to “Islamise” non-religious issues and to use them as vehicles to promote its ideals. Other Islamic parties often tend to promote Islam from a legal point of view and “top-down” approach, but PKS starts from practical issues to lead people into the essence of shariah. The issue of the formalisation of shariah guarantees their presence in the political field, among more powerful secular parties, even though they can claim only a small number of votes.[56]
The problem is whether or not the party will retain its commitment to gradual steps towards the formalisation of shariah if it should gain significantly greater support than before. This question will be analysed by focussing on the issue of the implementation of shariah and various opinions on it among PKS activists.
[17] Interview with Rofi’ Munawar, Surabaya, 7 March 2003.
[18] Dewan Pimpinan Partai Keadilan Sejahtera, Menyelamatkan Bangsa Platform Kebijakan Partai Keadilan Sejahtera (Jakarta: Al’Iktishom Cahaya Umat, 2004), 126.
[19] Satria Hadi Lubis, Yang Nyata dari PK Sejahtera (Jakarta: Miskat Publication, 2003).
[20] Ibid., 20.
[21] Interview with Rofi’ Munawar, Surabaya, 7 March 2003.
[22] Nandang Burhanuddin, Penegakan Syariat Islam Menurut Partai Keadilan (Jakarta:Al-Jannah Pustaka, 2004), 149.
[23] Ibid.
[24] Tim Departemen Kaderisasi DPP Partai Keadilan Sejahtera, Manajemen Tarbiyah Anggota Pemula (Jakarta: DPP PKS, 2003), 234.
[25] Interview with Rofi’ Munawar, Surabaya, 7 March 2003.
[26] Islamic laws divides punishments into two categories: hudud laws, mandatory punishments imposed for crimes against God, and ta’zir, punishments under the judgment of a qadi (judge). Hudud punishments are clearly prescribed by the Qur’an and imposed to cases of morality (adultery, fornication, and false allegation of adultery), property (theft and robbery), and apostasy. For instance, the Qur’an says about the punishment for adultery and fornication: “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse – lash each one of them with hundred lashes, and do not be taken by pity for them in the religion [i.e. law] of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment (Qur’an XXIV:2). See John L. Esposito, ed., The Oxford Encyclopedia of the Modern Islamic World 2 (New York and Oxford: Oxford University, 1995), 137.
[27] Reuters, 7 April 2004.
[28] Burhanuddin, Penegakan Syariat Islam, 150-151.
[29] Interview with Rofi’ Munawar, Surabaya, 7 March 2003.
[30] Ibid.
[31] Interview with Suryadarma, Makasar, 17 September 2003.
[32] Interview with Marfendi, Padang, 20 June 2003.
[33] Burhanuddin, Penegakan Syariat Islam, 159
[34] Interview with Rafqinal, Padang, 19 June 2003.
[35] Interview with Marfendi, Padang, 20 June 2003.
[36] Jawa Pos, 2 August 2005.
[37] Qur’an III:28.
[38] See “Bayan DPP PK Sejahtera” dated 27 March 2004.
[39] Panjimas, 20 Feb – 05 March 2003.
[40] Elizabeth Fuller Collins, “’Islam is Solution:’ Dakwah and Democracy” (Paper presented at Ohio University, 20 June 2004).
[41] Mutammimul Ula, Perpektif Syariat Islam di Indonesia (Jakarta: Pustaka Tarbiatuna, 2001), 41.
[42] John L. Esposito, ed., The Oxford Encyclopedia of the Modern Islamic World (New York: Oxford University Press, 1995), 92.
[43] Nurcholish Madjid argued that the Madinah Charter is the first constitution that consisted of principles of ruling a state based on collective interests and humanity. See Nurcholish Madjid, “Agama dan Negara dalam Islam,” in Kontekstualisasi Doktrin Islam dalam Sejarah (Jakarta: Paramadina, 1994), 590.
[44] See Allan S. Samson, “Islam and Indonesian Politics,” Asian Survey 8 no. 12 (December 1968), 1011.
[45] See Greg Fealy and Virginia Hooker, ed., Voices of Islam in Southeast Asia: a Contemporary Sourcebook (Singapore: Institute of Southeast Asian Studies, 2006), 323.
[46] See Alan Wall, “The Indonesian Political Landscape Post General Election” (Report presented at ICWA meeting, 10 May 2004).
[47] See Saksi, 20 May 2003, 28.
[48] Detikcom, 11 January 2006.
[49] See Damanik, Fenomena Partai Keadilan, 301-302.
[50] Ibid.
[51] Burhanuddin, Penegakan Syariat Islam, 150-151.
[52] Ibid.
[53] The reason is that activists of PKS still focus their efforts to unite and cooperate with Muslim groups; when they succeed in bringing unity among Muslims they will begin to cooperate with non-Muslims. Interview, anonymous, Jakarta, 24 March 2003.
[54] Burhanuddin, Penegakan Syariat Islam, 151.
[55] Ibid.
[56] Mujani, “Syariat Islam dalam Perdebatan,” 41.