The contribution of women’s religious groups to Indonesian development is undeniable, their various roles include economical process before, during and after independence. Aisyiyah for example has been playing a significant role since its birth in 1917. As the female wing of Muhammadiyah, Aisyiyah, in addition to its specific task, reflects the policies taken by Muhammadiyah, especially in terms of political decisions. This shows a relative dependence which is in fact unavoidable. Its independence, however, lies especially on its socio-religious activities. Like Aisyiyah, the Muslimat and Fatayat movements of the Nahdlatul Ulama, (the younger generation of Muslimat) as autonomous bodies of the NU, face the same facts. Aisyiyah has taken part in the establishment of Kongres Perempuan Indonesia in 1928. While both Aisyiyah and Muslimat NU played an important role in the establishment of BMOIWI (Badan Musyawarah Organisasi Islam Wanita Indonesia, The Council of Indonesian Muslim Women’s Organizations) in 1967, and since 1956 ten years after its establishment, Muslimat has been active in KOWANI (Kongres Wanita Indonesia, The Indonesian Women’s Congress), while Fatayat NU joined the latter in 1990’s.
In the time of the Old Order, Indonesian women in general and Muslim women in particular did not get the opportunity to make their particular abilities known to their male fellow citizens in the national political agenda. Their “conventional activities” were perhaps not yet recognized as a meaningful contribution to the country. They are still considered as peripheral participation. During pre-independence, women’s organizations were operated outside the colonial system; therefore they had relatively the same objective as their male counterparts, which was Indonesian independence. While in post independence era, they are inside the political system, they were asked to strengthen the existing system therefore they have even less freedom. However, during Liberal Democracy (Constitutional Democracy) from 1950 to 1957, eighteen women were elected as members of the first Indonesian parliament: five from PKI (Indonesian Communist Party), four from Masyumi (Majlis Syuro Muslimin Indonesia, The Consultative Council for Indonesian Muslims), four from the Nahdlatul Ulama, one from Indonesian Socialist Party and four women from Indonesian Nationalist Party.
In 1972 the government launched a new regulation to simplify Indonesian political parties into three parties. At this time Indonesian women activism in political parties such as in Golkar (The Functional Group), PPP (The United Development Party) and PDI (The Indonesian Democratic Party) should be taken into consideration, although the percentage is relatively low. Quantitatively speaking, there is an improvement of the numbers of women, both in the General Assembly and the Parliament while qualitatively is still not satisfactory. Why? Because women’s success are not counted as merely their own achievement. They have been allowed to be involved, but it has generally at subordinate or second-class levels, while the leadership is still dominated by male-oriented policies. As a matter of fact the percentage of female voters are higher than male ones (52% : 48%). In 1971 there were 6,7% women in parliament while in 1987 it increased to 11,8%. However, this situation does not help to bring women’s issues into the surface. Ironically not a single party raise women issues as parts of their programs.
. It is important to note here that most of Aisyiyah figures focus on academic life and being civil servants therefore the restrictions on being involved in political parties is unavoidable, that is why we find they are more involved in education and social activities rather than in political parties. We may mention here Prof. Baroroh Baried and Prof. Maftukhah Yusuf who are prominent Aisyiah figures who teach in Gajahmada University and IKIP Jakarta.
In the time of the New Order all Islamic parties were fused into one political party, the PPP. The government did not allow this group to use the term Islam. At this stage the Islamic party was tamed. But this strategy proved to be ineffective to reduce Islamic influence. The Ka’bah (the sacred cube in Mekkah as its emblem) symbol still indicates Islam and therefore it was effective in gaining the Muslim vote. In 1982 general election the PPP still competed relatively strongly against Golkar. The government are not satisfied until they compelled the Islamic party to renounce its religious principles and adopted the state ideology Pancasila as the basic principle and the holy Ka’bah was replaced by a star. It is therefore, no longer a Muslim political federation, rather it is an open party like any other.
To mention that women are influenced by state’s policy, we may mention here when the new order began the process of restructuring political life in Indonesia in 1972 that the regime simplified the political parties and strengthened its control over every mass organization, without exception. The women’s movement was also affected by this policy. In 1974 the women’s organizations within the government institutions were replaced by government-sponsored organizations. Dharma Wanita was established to replace all women’s organizations within government and institutions while the wives’ organization of the armed forces were replaced by Dharma Pertiwi. PKK (Family Welfare Movement) was founded to control women in the local administration. In the same year the government started to give funding to KOWANI, and this resulted that state has strengthened its control over the latter. According to Sullivan, these organizations reinforce the patriarchal ideology of the New Order that has located women as secondary citizens. In addition, the government has put more burdened on women by reinforcing their dual role in the states guidelines (GBHN) 1978, in which women are expected to fulfill their “essential nature” as housewives and the educators of the younger generation. Despite the establishment of Ministry of Women’s Affairs (1978 with a deputy minister and a full minister in 1983), there was some doubt over the capabilities of this ministry to handle women’s issues. From these phenomena we learn that how the existing political system has obviously influenced the political attitude of Indonesian women in general and Muslim women in particular e.g. from broad and open horizon to a narrower oriented objectives which is to some extent do not assist them in many ways. Fortunately women are not simply passive victims of this kind of repression, they have struggled in many different ways to eliminate this oppression. The constraints changed into challenges that encouraged them to establish new women movement in the 1980s. Soendari identifies three types of movement: the first Liberal women’s movements, such as Gerakan Kesadaran Perempuan (Women’s Consciousness Movement), Kelompok Kebangkitan Perempuan Indonesia (Indonesian Women Awakening Group), and Kalyanamitra. The second was NGO women’s movements which focus on the economic position of rural women, for example YASANTI (Yayasan Annisa Swasti) and the third was women students’ associations such as Forum Perempuan Yogyakarta (Yogyakarta Women’s Forum), Solidaritas Perempuan (Women’s Solidarity) and Yayasan Perempuan Mardhika (Association of Women’s Independence). A common goal of these new movements was a search for a way to challenge the repressive New Order.
The struggle of Muslim women could be mentioned here, they have been actively involved in the attempt to improve women’s position in the country. Aisyah Hamid Baidlowi mentions that prior to the emergence of marriage legislation in 1974, Muslimat NU, Wanita Islam and Aisyiyah contributed greatly to abolishing child marriage which was allowed by the former Islamic marriage legislation according to fiqh. Aisyiyah and Muslimat NU have been involved in initiating the establishment of the Advisory Council of marriages and Repudiations (Badan Penasehat Perkawinan dan Penyelesaian Perceraian) which aims to empower women before the courts. In an Indonesian context this effort has been very meaningful especially for women in rural areas.
Muslimat NU and Aisyiyah have been actively participating in pushing higher learning for women, providing health care centers and improving earning capacity. In the educational sector Aisyiyah and Muslimat have established kindergartens throughout the country. They also provide vocational schools for girls, such as home economic schools, teacher’s colleges, schools for midwives, and nursing schools. In the health sector Muslimat and Aisyiyah are running maternity clinics and hospitals to assist women with pregnancy, family planning, and to improve the health of mothers and babies. Fatayat NU as younger generation more focus on promoting the ideas and messages of Islamic teaching within the women’s health issues and their rights since preparation before marriage and afterwards. They provide gender awareness training, reproductive health training and leadership exercise. With the collaboration of Indonesian government and UNICEF, Fatayat NU has been successful to train about 5000 motivators in 16 provinces to be health motivators in child survival program. Aisyiyah also has been active in this project. In the economic sector, three of these organizations provide Kelompok Bina Usaha, groups that train women to improve their skills in home economics, marketing and accessing bank loans.
Aisyiyah and Muslimat NU have been active at the International Conference of Women, (ICW) and National Commission on the Status of Indonesian Women (KNKWI. In its Congress in Bukittinggi in 1930 Aisyiyah has established a section namely Adzakirot with the objectives to build a building for cooperative institution but it did not work. In 1974 the economic program was formalized as other sections namely Badan Usaha Ekonomi Keluarga Aisyiah (BUEKA/The Economic Foundation for Aisyiyah Family) that has several activities for example: skilled training through Islamic religious cycle, coordination of the product of the members, marketing, rental affairs , investment and borrowing and training for business management. The Central Board of Aisyiah also in conjunction with the Asia Foundation and Economic Council Of Muhammadiyah held a training for development of cooperative of Aisyiyah in 1982 and in 1985.
Fatayat and Muslimat NU have established cooperative groups, namely Annisa in colaboration with the Department of Cooperative of the Republic of Indonesia. Fatayat NU, in its section on social and economy among others has established some efforts to make cooperative institution, to develop home industry and provide female employment of the Fatayat members in particular and for women in the village in general. Fatayat also pays attention to female workers in the work place especially to provide access for them in communication and information. They try to establish the relationship with the Indonesian Cooperative Council (Dewan Koperasi Indonesia) as well as Badan Kontak Wanita Koperasi.
In the recommendation on economy, Fatayat NU requests the government not to apply “economic monopoly” for certain group which has strong and large capital but rather to prioritize the weak group in order to minimize economic and social gap in society. It is important to perform economic justice by limiting the project of entertainment and luxury sport in order to avoid the process of marginality and poverty of the grass root. Fatayat NU also requests that the process of education for cooperative institution especially in terms of financial sources, is given equally to those under the government structure or private sector. Industrialization should not remove the income of grass root people. To fulfill plastic need and paper material for example, Fatayat suggests to perform recycle project.
Muslimat NU has also a section in their program namely a section on economy/cooperative. The minister of Cooperative of the Republic of Indonesia has been always giving his address in the National Congress of Muslimat and Fatayat NU, for their congresses were held at the same time and in the same place for example Mr. Bustanul Arifin in 1989 and Subiakto Tjakrawerdaya in 1995. In July 1994, Muslimat and Fatayat NU, in conjunction with AIDAB (the Australian International Assistance Bureau), had performed training for fruit and vegetable traders and Muslimat alone has been working with the Indosat corporation to provide loan for petty traders in Jakarta.
The 1990s is a significant period for Muslim women in Indonesia. During these years new Muslims forums and groups were established, new Islamic books which are more liberating to women were launched. Muslimat, Fatayat and IPPNU (The Association of NU’s Daughters) in Jakarta have set up a forum on Islam and the advancement of women. In 1994 Pustaka Bandung publishers simultaneously published Indonesian translations of three books: Women in Islam, by Fatima Mernissi, Women in the Qur’an, by Aminah Wadud Muhsin, and Muslim Women and Social Pathology, by Mazhar al-Haq Khan. Indonesian women’s activists had an opportunity to have dialogue with Ashgar Ali Engineer, the author of The Rights of Women in Islam and Riffat Hassan, a Pakistani-American Muslim feminist who is constructing a new interpretation of the Qur’an from a woman’s perspective.
In this era some women political figures have appeared, although education, economic, health and social welfare programs are still considered as suitable female dominated fields. In educational programs for example, stress is still placed on non-formal education and not non-traditional field such as engineering, physical and natural sciences. In addition, the conventional interpretation of the holy Qur’a>n and H}adi>th in regards to some women’s issues provided by traditional understandings still dominate the field and do not help to improve the status of Muslim women.
However, on the other hand, there are many influential and prominent Islamic leaders who support the emergence of a more liberating interpretation of Islamic teachings. We may mention here Nurcholish Majid, Abdurrahman Wahid and others. Quraish Shihab who has been a religious supervisor for the Islamic daily newpaper, Republika, has played an important role in creating a new, modern and more acceptable interpretation of Islamic discourse concerning women issues.
Masdar Farid Mas’udi together with Fatayat NU and Kalyanamitra have trained female santri in some provinces for gender awareness training and reproductive health programs, projects that directly focused on actual women issues.
These figures acknowledge that the conventional interpretation of the Qur’a>n is based on textual interpretation and often misses the real intention of the verse. They believe that the real intention of the verse is to guarantee equality of all humans, that they all are the same before God. Those people understand that to interpret the Qur’a>n, one should look at the cultural and historical context, not only the context of Arabia in the seventh century but also the specific event for which a particular part of the Qur’a>n was given. Nurcholish Majid says that the Qur’a>n was never intended to be an absolute guide regulating every last detail of the believers life but rather was intended to be a revelation of God’s intended ideals and guiding principle for man. Abdurrahman Wahid remarks that the social teachings of Islam are re-interpreted in accordance with the demands of a rapid changing society and in response to modernity. Similarly, Johan Effendy is aware of the need for a fresh, new approach to understanding Islam in the context of Indonesian society in the twentieth century. He argues that ‘openness to new ideas and fresh ways of seeing was an inescapable requirement for the rational development of Islamic thought.’
Here is how some women’s issues are dealt with by reference to the Qur’a>n according to some recent interpretations given by Indonesian thinkers:
Regarding equality, Qur’a>n acknowledges that men and women are protectors, one of the other. This means that Islam recognizes that men and women are equal before God. They have the same duties to God and to human kind. They have rights and responsibilities in accordance with their position in society. Maftukhah Yusuf remarks that most Indonesian Muslim men are like men in other Muslim countries: they are not yet willing to give up their power and do not recognize women’s leadership. She proposes that the way to make women leadership recognised is to convince the men that women’s leadership will not lessen the prestige of men’s leadership and women’s leadership will offer an alternative form of problem-solving that men’s leadership cannot have. She argues further that women themselves have to struggle to prove that they have the ability to be leaders. She also believes that the present practice towards women is incompatible with the teachings of the Qur’a>n.
Despite her progressive thought on women, Maftukhah still maintains conventional beliefs on the sexual division of labour. She argues that although men and women are equal, they have different functions. She remarks that bringing up children and taking care of the household are women’s duties. However, in practice she often had her husband take care of children, do the shopping, or cook while she was busy with her job. She uses the rhetoric that ‘my husband took over my responsibilities at home.’ The question is then, why this prominent women needs to emphasize that she is a good housewife and mother? Maftukhah answers that women’s leadership can be accepted in male dominated society with some conditions. One of them is the ability of women to prove that they fulfill the characteristic of a ‘good woman’ and the criteria for being a good woman to her include believing in God, fulfilling her duty as a housewife and mother, and obeying her husband without reducing her dignity and independence.
As it is mentioned in some of Indonesian women’s biographies, many of Muslim women indicate that they are not satisfied with their role as merely being wife and mother. Baroroh Barid for example argues that if a women is merely being a housewife and a mother it means that she is only playing one third of her role as a human, she further says that Muslim women have responsibilities in their society and therefore they should take part in public life.
Again concerning leadership, both men and women have access to leadership either in the family or in society. Kiyai Wahid Zaini remarks that Islam gives equal opportunity for both husband and wife to be the head of the family. He argues that Islamic concepts on family leadership are complementary and points out that in Indonesia there has been a tradition that husband and wife help each other, for example when women work either in the rice field or in the office, the husband take care of children, according to him this practice is in line with Islamic teaching. Kiyai Ali Yafie criticized the interpretation of the hadi>th that means: ’A Group of people will not be successful if they are led by women.’ He notes that the reason this hadi>th emerged concerned the event of succession in Persia, soon after the king of Persia died the high officials pointed the king’s daughter as leader of the country, and under this ruler the kingdom was ruined due to lack of capability. The hadith was Prophet Muhammad’s comment on this particular issue and was not to forbid women to be leaders in the society. The Qur’a>n mentions a wise woman ruler, queen Balqis (the queen of Sheba) in the period of the prophet Sulaiman.
Although Masdar F. Mas’udi and Quraish Shihab argue women’s role as educator of children is very important, they encourage women to participate in public life Masdar argues further that if a wife works for income, the income belongs to her personally and need not be shared. Quraish Shihab also emphasizes that the wife has a right to maintain her own property without the husband’s agreement. Commenting on a wife’s obligation to obey her husband, Ali Yafie argues that the husband’s consent is not absolute. For example, a wife who refuses to have sex with her husband is not automatically sinful. If there is a ‘true’ reason it is not opposed to the religious norm.
Concerning polygamy, the new discourse emphasizes women’s rights rather than men’s. The wife’s opinion on this matter is absolutely important, and the most important requirement of polygamy is justice. The Qur’a>n al-Nisa>’ 3 says that ‘If you fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, two, or three or four. But if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hand possess. That will be more suitable to prevent you from doing injustice’. ```
Abdurrahman Wahid and Masdar Farid Mas’udi agree that justice here is not only from the husband’s view but also from the wife’s. The former argues that this verse means that it is the wife who should determine whether the husband is being just or not, while the latter says that we should look at the issue of polygamy in the context of its revelation. In the pre-Islamic period there were rich men and leaders of tribes who had uncounted wives. Therefore Islam’s limit of four wives was a revolutionary attitude for that time. In this era when monogamy is the norm, the strict requirement to have no more than one wife must be strengthened. Masdar believes that ‘if this requirement is carefully observed, there might be no men who can have polygamy.
It is very important to note here that more liberating discourse on women is still circulated among only relatively few educated Indonesians. The fifty-six religious books on women’s issues analyzed by Johan Meuleman support conventional discourses. The writing of most editorials and the supervision of religious or counseling columns in Islamic journals and newspapers are still dominated by men. Unfortunately this kind of phenomenon can be traced back into the Islamic history regarding the number of female companion of the Prophet were only 1232 who were active in the process of hadith narration, then only 150 in the time of tabi’in then only 50 during the time of tabi’ut tabi’in.
One example from doctrinal point of view concerning the female economic rights in Islam. The involvement of women to achieve material welfare is through her rights in economics. The opportunities for Muslim women to get their economic rights can be reached through both: first from the practice of Islamic rules on female economic rights and second from her own earnings. Muslim scholars basically agree that women can earn as far as she needs that job or the job needs her experts with a condition that the Islamic norms are preserved.
Economic opportunities for women according to Islam.
Islamic teachings request to both men and women to work together in the establishment the social welfare. Islam understand that the level of welfare of the people will influence one to her / his level of faith and piety. “Indeed the poverty will lead one toward disbelief” (Hadith narrated by Abu Nu‘aim). There are some sources of wealth that women can gain based on Islamic regulations. Among others are :
1. The Dowry
Dowry (Mahr) as one of the economic sources for women when it is given in the formation of gold, silver or large amount of money. The practice of mahr is based on su>ra al-Nisa>’:4 “And give to the women (whom you marry) their mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart; but if they , of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allah has made it lawful).
The dowry belongs to the bride’s wealth, not the family’s. Before Islam came, the dowry is given to the father, then Islam changed this tradition. Dowry could be something that is proper to be received by a woman as a sincere gift without any other interest, meaning that it will strengthen the low and to grow compassion. (h}adi>th). How much is the value of the dowry? Islam does not limit with certain limitation. During Prophet’s life time, the dowry varies such as iron ring, dirhams, the dates or in the formation of merit for example teaching the Qur’a>n to the bride or the memorization of the Qur’a>n. It really depends on the agreement between the bride and the groom.
In the time of ‘Umar ibn Khat}t}a>b, people competed to give dowry in dirham as much as possible, then he limited to 400 dirhams. He criticized by a female Quraysh saying that: “Don’t you listen to su>ra al-Nisa>’ 20 saying that: ”you have given one of them a qint}a>r (of gold i.e. a great amount as mahr) take not the least bit of it back…” then ‘Umar realized his words and saying: “ you are right and ‘Umar is wrong. O God I apologize to those who are smarter than I am.” From this event one may suggest that women should realize the fact that the dowry belongs to her economic rights however, she may consider the economic condition of her groom wisely.
Concerning the dowry and the merit for Muslims in general, it is very important to notice the story of the Prophet’s daughter, Fatimah al-Zahra>’. Once the Prophet Muhammad peace be upon him called her and asked whether she would accept the proposal of ‘Ali to marry her or not, while he told her that she is free in her decision, no one can force her. Fatimah replied that the Prophet’s request is an order, but she cannot accept ‘Ali. The Prophet did not expect such an answer. Then she said that she had one condition, if the father accepts her condition and if God too, she will marry ‘Ali. Jibril came to the Prophet to ask Fa>t}imah what she wanted. She said: O my father, Rasulullah! When you came forth from the womb of your mother, you were in sajdah (prostration, position of worship), praising Allah, asking for your nation to be saved, just as you have asked throughout this life, and as you will ask in a>khira (the next life). Allah has given you shafa>‘a (the power of intercession). Whoever you love, I love. Therefore, I have fixed a price for my dowry.” And the Prophet said: ”What are you asking for your dowry? ‘Ali has nothing.” She answered:” O my father I am not asking anything from ‘Ali—I am asking from you , to ask Allah to grant my dowry will be the salvation of the nation of Muhammad on the Judgment Day.” The Prophet was silent, awaiting an answer. Jibril came and said: ”Ya Muhammad Allah sends peace upon you—and yes, He accepts Fatimah’s condition.”
This story demonstrates that Muslims especially should notice that how importance is the value of their blessed sister, Fa>t}imah al-Zahra>’. Shaykh Hisham Kabbani quotes the saying of the Prophet Muh}ammad peace be upon him: What Allah made me to love involuntarily are three things: women, perfume and prayer.” Why women first? Because Allah gave women a specialty-something holy- without which there is no world, no humanity.
2. The livelihood (Nafqah)
Islam does not oblige explicitely for women to seek job for living for it is obligation of the men, either father or husband. The livelihood for wife should be fulfilled by the husband taking from his means (al-Nisa>, 34). Therefore the economic ability requires men before marriage, for those who find not the financial means for marriage keep themselves chaste until Allah enriches them of His Bounty. (al-Nu>r, 33). However, men’s responsibility does not close the opportunity for wife to earn for living. How much the livelihood is, really depending on both, the need of the wife and the ability of the husband without decreasing her rights (al-T}{ala>q 7). This nafqah consists of food house, service, medication, clothing, etc. This regulation does not change although the wife can provide such things for herself. In the case of rich husband, he still cannot however, to do anything he wants towards his wife for example not to beat her. Even for a stingy husband, the prophet permits the wife to take the husband’s wealth without his notice, as much as it is needed. This happened to Hindun binti Utbah with her two children, the Prophet allowed her to do such thing. (hadi>th, narrated by Bukhori and Muslim from ‘Aisyah).
The livelihood as the rights of wife during her marriage time as well as her time of ‘iddah ‘Iddah is a waiting time defined by shari’a for women, not to marry other man during that time. It varies for different cases. For a life divorced wife, her waiting time is three times of menstruation period or three months. The ‘iddah for a pregnant women is until she gives birth. For a wife of deceased husband is four months and ten days and for menaupose women is three months. As a matter of fact, Islam recommends husband to give something to his divorced wife. (al-Baqarah 241), while poor women has the rights to receive zakat and s}}adaqah (al-Tawba 60).
3. The wealth of both professions
Islam motivates men and women to work together to build the family, the society as well as the nation. From everyone’s earning, they possess their own. Men and women are autonomous each other for their efforts. Al-Nisa>’ 32 mentions: “For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned.”
Although wives have been protected by husbands in terms of the nafqah, however, there is no prohibition for them to earn money. By possessing wealth women can help to spend for family as well as to support her own need.
In the Prophet’s life tim, women worked including his wives, for example Zaynab bint Jahsy to tan the animal leather, S}afiyya bint Huyay as a nurse. Rait}}}ah, the wife of ‘Abd Allah ibn Mas’ud also worked because her husband could not fulfil his task to budget the family. Al-Shifa>’ who knew how to write, given a task by khalifa ‘Umar as an official to handle the market of Medina.
4. Inheritance
Muslim women have access to the inheritance, and it is guaranted by Islamic law. This based on al-Nisa>’ 4:7, 11-12, 176; al-Anfa>l 8:75 and al-Ahza>b 34:4-6. The regulation of Islamic inheritance applies the bilateral and parental approaches while before Islam people only recognized the patrilineal one. The system based on family’s relation (al-qarab>ah), marital relation (al-jawza) and releasing the slaves (al-wala>’). In Islam women can inherit and vice versa, receive inheritance. The group of female that receives inheritance is the following: daughters, grand daughters and below, mother, grandmother (of father’s side and above), grandmother (of mother’s side and above), sister (of same parents, of on father or of one mother), wife and women who release slaves.
The portion of inheritance for women varies depending on her position to the deceased. A woman can receive an eighth, as a wife who has children; a forth when she does not have children; a sixth for a mother when she has children and grandchildren, a third if she does not have children and grandchildren, and brothers; two-third when the deceased had two daughters or more; a half part if she is the only child, a half of her brother from their parents’ wealth and the same portion with men when the wealth inherited from the deceased brother while the parents were already passed away and did not have children (al-Nisa >’11-12).
The regulations for the comparison two and one between son and daughter, can be modified within the agreement of fuqaha>’ through was}iyya which is the division of the wealth through the decision of the family before the parents pass away. Through this way, the inheritance can be divided justly.
5. Hibah or was}iyya
Another economic opportunity for Muslim women is Hibah or was}iyya. Hibah is to give a part someone’s wealth without reward but with transaction. Giving a part of wealth voluntarily to somebody who is still alive without reward. The amount of hibah is 1/3 of the wealth of a giver. A giver could be one’s own parents or somebody else.
According to Riffat Hassan, a Pakistani feminist “If a father is scared that after his death later, his son does not give sufficient position to his sister, the father can give hibah to his daughter when he is still alive.” This is because parents had been reminded not to leave their descendants in weak condition. (al-Nisa>’ 9).
The wasiyya system told us implisitly that the formal regulation in the Qur’a>n concerning inheritance is not a fixed price, the point is the justice, no one can deny this. In this case the four madhhab of Islamic law agree on the division of inheritance through was}iyya with a condition that agreed by all mawa>rith who have the rights. This based on a hadith of Ibn ‘Abbas from the Prophet Muhammad who says that there is no wasiyya for mawarith except with the agreement of other mawariths. (narrated by Bayhaqi). In Shi’i tradition, either Zaidiyya, Ima>miya or Isma>’iliyya even give the permission the wasi}yya without other’s agreement.
6. Wealth during the time of marriage
The wealth that earned during the time of marriage belongs to both, husband and wife. In Islam, concerning to do the chores at home in fact considered as an important task. Once upon a time a woman sent to approach the Prophet asking the value of doing house work in comparison with man’s work outside the house. The Prophet says that all work has the same value (reward), women’s work in the house is equal to the good deed received by the husband. Therefore Islam admits that house work is equal to the value of public work.
In the case of both husband and wife go to the work place, the wealth belongs to them, while in terms of gift and inheritance owned by individual, this kind of wealth does not belong to the collective wealth. If they divorce the collective wealth could be divided into two except the individual belonging. If one of them passes away, only the collective wealth can be inherited.
A woman has also the rights to control her economic belonging, she should pay alms as well as s}adaqah, thus the equality does not lie only in distribution of the wealth but also in sharing with others. (al-Ahza>b 35).
Concluding remarks:
The social situation of Indonesian Muslim women does not distinguish much from that of other women in general. Looking at the above explanation, one may conclude tentatively that the Indonesian people seem to recognize that women’s roles in the development are understood in their cognitive level; however in practice most of social institutions do not optimize the agenda of women’s empowerment. Obviously they respect women‘s achievements, in theory and they raise them in the slogan of development but they put them down in political practice. It might be just if people try to understand that women have generally suffered against injustices present everywhere at least in the following triple struggles: as backward citizens; as poor peasants and as women in the middle of a male-dominated society. The enlightened interpretation of Islamic teachings that empower women should be disseminated, the economic opportunities for women should be paid attention properly. In the case of Muslim women’s organization such as Aisyiah, Muslimat and Fatayat NU, they should get appreciation for what they have been doing but they should gather all potentialities from various aspects of Indonesian life that support women physically and spiritually on one hand and at the same time realizing the fact that the history of their establishment seem to demand their conventional status on the other, and that challenge them with more selective activities of modern development.
Biodata:
Sri Mulyati received her MA from the Institute of Islamic Studies, and is at present writing her Ph.D dissertation in the same department. She has been active as a student fellow at the Center for Developing Areas Studies, McGill University ever since her first year at the Institute. She has presented papers at numerous conferences on Asian studies, Islamic studies and women’s issues. She is also an active member of The Canadian Asian Studies Association, The Canadian Association of Studies for International Development, The Canadian Society for the Study of Religion and the Middle East Studies Association. Her voluntary works include her service in Indonesia as general chairperson of the Central Board of Fatayat Nahdlatul Ulama (1995-2000), assissting her husband in the Pondok Pesantren Darul Ulum, Bojonegoro, East Java and her efforts in Canada at teaching Muslim women converts about Islam in the Al-Taqwa Mosque in downtown Montreal.
e-mail address: bzxi@musicb.mcgill.ca
Bibliography
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CASID Conference, Montreal, Canada
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