Islamic and Women Leadership Exchange on Ending Violence Against Women in Thailand and Southeast Asia

“ We just heard about Islamic teaching and interpretation that is more women-friendly oriented” 

“Malaysia and Indonesia are advance in gender equality achievement, therefore they should assist Thailand”

“It is important to replicate program addressing empowerment of women ulama at regional level” 

The above statement quoted from the card of impression from participants before ending the session of Islamic and Women Leadership Exchange on Ending VAW in Thailand and SEA. Four days exchange program was co-hosted by Oxfam Thailand, Center of Excellence on Women and Social Security (CEWSS) Walailak University and The Asian Muslim Action Network (AMAN), held in CS Patani Hotel, December 6-9, 2018. Attended by representatives of local ulama (women ulama), National Human Rights Institution (NHRI), Civil Societies, and Academia from Thailand, Malaysia and Indonesia, the exchange program was considered as the most enlightening program from the experience of local participants, especially in addressing Violence Against Women (VAW) from Islamic perspective.

Bringing specific elemen of Indonesian women ulama, the exchange workshop was designed to have more spaces of learning from the first-hand experience of practitioners, academia, National Commission on Anti Violence Against Women (KOMNAS Perempuan) and KUPI (the National Congress on Indonesia Women Ulama). KUPI was held in Cirebon April 25-27, 2017 where almost 1000 women ulama across islands gathered to release fatwa support prevention of child marriage, environmental degradation, and sexual violence, and other recommendation regarding protection of migrant workers, prevention of radicalism and extremism, islamic education, methodology of islamic studies. Currently the fatwa from KUPI has been used by practitioners, parliaments and Ministry of Women’s Empowerment and Child Protection to give religious justification to pass Bill on Ending Sexual Violence. Moreover, KUPI’s fatwa was used to convince argumentation on increasing marriageable age in Indonesia. We hope, by sharing this practical experiences to other neigboring countries like Thailand and Malaysia will increase more confidence among women ulama to take active roles and strengthen their collective voices to advocate VAW.

Moreover, bringing context of Malaysia, as Islamic State and shared Melayu culture with Pattani, definitely not only provided a perfect comparation from Indonesia, but also gave close observation to the dynamic of Islamic family Law reform in Malaysia as well as the experience on civil society dealing with conservatism and state oppression. We had learnt that eventhough Malaysia had progresive Islamic Family Law enactment in 1984 regarding the fulfilment of women’s rights, especially on striction on practicing poligamous marriage, marriageable age, divorce etc. However, the Islamic family law with Amandement 1994 showed more  flexibility or easiness for men to perform poligamous marriage by removing requirement of permission from the court and the first wife. This dynamics might deal with lack of support from the ground and unreadiness from goverment side to take forward the reform into practices.

As this exchange program was intended to increase positive support among multi stakeholders such as religious leaders and institution, practitioners and academia to end VAW in Pattani, furthermore it was expected that it would create future collaborative action among Thailand, Malaysia and Indonesia to end VAW by strengthening the role of religious leaders and spreading women-friendly interpretation of islamic text.  Utilizing baseline from the existing studies of Oxfam Thailand and Human Rights Commision of Thailand, the workshop was able to install better understanding on the real sitution of VAW in the South, number of interventions made by women groups, as well as explaining barriers of advocacy to get access for justice among victim of VAW. One of obstacles was lack of support from religious leaders and spreading narrow minded Islamic interpretation against victim of VAW or strengthen blaiming victim opinion in the community. Therefore, the success from KUPI Indonesia, and Islamic Family Law Reform from Malaysia, we believe that those provides further exchange knowledge and skill on Islamic methodology among religious leaders and young muslim scholars are convincing to happen. 

 There are four objectives that we would like to achive during the exchange program, that are: 

1. Women networks have strengthened gender and influencing capacity and confidence to engage with religious and governmental duty bearers and participate in VAW reduction processes. 
2. The Islamic Council in Narathiwas has increased awareness of women’s rights and Thai laws through engagements with the women networks and deliver better services for women facing domestic violence in Narathiwas.
3. Multidisciplinary team, ICON and the women networks have jointly developed a new women’s protection process that applies both Thai and Islamic laws and deliver better services for all women facing domestic violence in Narathiwas. 
4. The women networks, the multi-disciplinary team and ICON have jointly advocated with provincial and governmental policy makers for adoption and replication of innovative VAW prevention and protection processes in other provinces in Deep South. 

There are three areas that covered under exchange program, which are Islamic perspective on VAW, The role of religious leader and institutions, and about KUPI (National Congres on Indonesia Women Ulama).

# Islamic Perspective on VAW 

Islam is a religion that encourage to respect the life, therefore all ideology, interpretation, attitude and behavior orienting to wound the life, the dignity of men and women, is not part of Islam at all. Therefore the whole fundamental concept in Islam such as rahmatan lil alamin (a mercy for all creature), maslahah (the commong goods), sakinah (God-inspired peace of mind, tranquility), should be foundation of any efforts to tackle violence against women. 

Froced marriage, rape and all form of violence against women will ruin the dakwah of Islamic life, and against the foundation of Rahmah, maslahah, and sakinah. Including child marriage, marital rape, and all forms of violence against women are not inline with the teaching of Islam and  against sunnah of the Prophet Muhammad Saw 

Though, Women do not differ from men except where their reproductive systems and organs are concerned, which the female reproductive system is designed to carry out several functions such as menstruation (Monthly), pregnancy (9 months 10 days), breast feeding (up to 2 years), etc. Because of its function and period of reproduction, in patriachal society like Arab Society, women often were treated inequal and perceived as sexual object.  

Islam came and affirmed the position of women as a complete human being like men, emphasized that only their righteous ("the quality of being morally correct and justifiable) would be caunted in the sight of Allah (Hujurat 13, Annisa 1 etc). So, therefore the real mission of women in this earth is not “serving men”, rather partnership with men to create just and prosperous society, to prevent destruction, promote goodness, educating ummah and protect the nature. 

In bringing down the teaching of Islam, experience of Malaysia in dealing with Islamic Family Law formulation has given a clear evident that it is not enough having a strong policy, if people ignored the law and continue with their persistent parctices. Mohammad Afiq and Datuk Ismail Yahya had highlighted about dynamic of reforms in Malaysia using example of Islamic Family Law.  When Malaysia formulated the Islamic family law in 1984, there was a strong motivation to provide equality and fulfilment of women’s rights as follow:

The amendments recognised the validity of a husband’s pronouncement of talaq (divorce by unilateral declaration) outside the court and re-emphasised the issue of nusyuz (disobedience) when a wife attempts to avail herself of divorce by ta‘liq based on the husband’s breach of a stipulation in the marriage contract.

However, due to socio, political and cultural dynamics there were strong demand from the people to amend the Islamic Family Law 1984 and once again amendement occured in 2005 which unfortunately resulted less protection to women and more advantages for men. Here is the summary of amanded content on the Islamic family law;

removed a ban on registrations of invalid marriages and removed some of the conditions required for court approval of polygamous marriages, effectively allowing applications for polygamy to proceed without court permission, without the consent of the first wife, and regardless of whether the first wife’s standard of living will be decreased because of the subsequent marriage. (Islamic family law 1984 with Amendment 1994)

some provisions of the new law are positive for women, others now given men more power to divorce their wives, to contract polygamous marriages and also to freeze the assets of their wife/wives in order to claim a share of matrimonial property at the time of polygamy or divorce.  (Islamic Family Law 1984 Amendment 2005  focuses on )

In Indonesia context, the reform on addressing VAW has made both in the level of policy and religious understanding. On the policy level, the formation of National Commision on Anti Violence Against Women 1998 (KOMNAS Perempuan), enactment of UU No. 23 year 2004 regarding Protection of victim of Domestic Violence, and upgrading of direct unit to assist victim of VAW called P2TP2A have signified the level of seriousness to tackle VAW. On the other hand, the effort to engage religious leaders and institutions are also crucial. Dr. Faqihuddin Abdul Qadir, Prof. Nina Nurmila and Athiyatul Ulyah, emphasized their presentation on the foundation of Islamic teaching that respect the life and equality of women and men. Under movement of KUPI, they are promoting “mubaadalah” (reciprocity) approach to islamic studies, where both women and men have equal pontential and space to carry on mandate as a kholifah (a leader).  

Unlike Indonesia and Malaysia, muslim Pattani gets dillema when it comes to response to VAW, in between utilizing national law or Islamic Family Law. Though Muslims in other parts of Thailand do not apply Islamic Family Law and Inheritance (1941), Muslim in four provinces: Pattani, Yala, Narathiwat and Satun (Satun holds different political, historical and ethnic backgrounds) prefer to apply Islami family law. Thailand appoints special Islamic law judges, called dato' yutitham (justice) in Thai, in Provincial Court. There is no Syariah court and law, part of the Judiciary (Islamic law Judges are dispatched to Provincial Courts, instead of organizing Syariah Court)

Islamic Family Law and Inheritance promulgated in above provinces in 1934 (country shifted from Absolute Monarchy to Constitutional Monarchy through the “Constitutional Revolution” in 1932). Thailand enacted a series of statutes to rebuild Islamic law regime such as; (1) the Royal Decree on the Patronage of Muslims 1946, (2) the Act on the Application of Islamic Law in the Area of Pattani, Naratiwat, Yala, and Satun Provinces (hereinafter called Act on the Application of Islamic Law) (1946), (3) Islamic Masjid Act 1947.  The Royal Decree established the position of (1) Chularachamontori (Sheikul Islam) a leader of Muslim and working as an advisor on Islam matters to the King (2) Central Islam Commission and the Provincial Islam Commission, and appointed Muslim leaders in each provinces to the organization. Challenge is on the dominant of conservative interpretation that institutionalizing in university, Islamic boarding schools and some references. It is very unfortunate that progrssive interpretation seems not to be accessible for ordinary people, which leads to pessimism and stagnancy when it deals with religion. 

# The role of Religious figures and Institutions

In doing internalization of progressive interpretation of islamic text, the role of religious leaders and institutions important to be observed. Here are some learnings from Malaysia and Indonesia to describe some roles that has been playing and to continue in the future. We hope in the future this roles will be applied as well in Thailand more vigorously. Some take away from the forum are:

1. To provide theological bases to promote ending VAW by way of considering the voices of women victim of VAW, promote Tafsir, fiqh interpretation, and write some references in supporting gender equality and human rights of women and girls in Islam 
2. To push reform and reclaim a space for “women ulama” to voice women friendly interpretation and to strengthen the collective movement to ending VAW (KUPI)
3. Strengthening and Centralizing the role of muslim women’s organization in tackling VAW by building alliance among muslim women organization to have collective response, to raise support from religious leaders, wider community  (Gabungan Hak Wanita Islam (GAHWI), Women Network ending VAW 
4. To advocate agenda of ending VAW to parliament members, including to enact regulation using their authorities to advocate laws and policies, educating people about politic and contents of the law and provides free legal advice on theological argumentation 
5. To run a campaign, petition, roadshow public and private university, workshop, large group training awareness, public forum, national symposium, national convention, memorandum to the Mps and government, including dealing with media

# KUPI 

With wider democratic space, strong clean goverment, and vibrant civil society, reclaiming spaces for women ulama to take significant roles in development, peace and humanity is possible. The first National Congress on Indonesia Women Ulama (KUPI), that was held in Cirebon 2017, was a good momentum for women ulama to bring their collective voices to promote prevention of child marriage, sexual violence, and environmental degradation. 

Aside learning from the history of women ulama in Indonesia and the global, the reform that KUPI offers to reclaim identity by insisting the use of word ‘ulama” that can be applied to women and men. In normalizing the term, KUPI creates definition of women ulama as people, both women and men, who have deep knowledge, fear of God (integrity), noble personalities, a developed sense of justice and act to bring blessings upon the entire world.  KUPI provides a space for consolidating voices, thought, and efforts to promote gender equality and peaceful society  and transforming from individul work to  collective movement of women ulama so they will receive sufficient support and a space to complain. 

One of important lesson that shared by KUPI was about Islamic studies methodology that been used and introduced by KUPI to read Islamic text which women-friendly interpretation. There are three core element that must be considered in the process of “fatwah” formulation such as: 1) Voices from women survivor of VAW as base line for analysis ; 2) Islamic texts (Qur’an, hadist and other relevant reference); 3) National and international laws (CEDAW and other Conventions). 

The atmosphere of the forum changed dramatically when Nyai Masriyah, a head of Pesantren Kebon Jambu, one of prominent women ulama and the host of KUPI, shared her personal stories as an ordinary wife of a great ulama, but turned to be an active women ulama after the death of her husband. Nyai Masriyah told stories of strunggle to get recognition from public and trust to continue her Pesantren after her husband died. Her strong stories given a concreate example to  the audience of exchange workshop about courageous, passionate, public acceptance, and building wider support for women ulama to reclaim their voices and space. 

# Recommendations 

From the audience’s response, we believe that four days exchange learning has provided a wider space for Malaysia, Thailand and Indonesia, to reflect how Islamic perspective can be used to help victim and survivor of violence against women, and create a more positive environment for women ulama to take an active roles. We are delighted to hear the positivity around the workshop and willingness to undertake some steps to make reform happening. Here are some recommendation from the workshop;

Promote new knowledge on women-friendly interpretation of Islamic text  among women practitioners, academia, goverment officer, religious leaders to spread fundamental concept in Islam such as rahmatan lil alamin (a mercy for all creature), maslahah (the commong goods), sakinah (God-inspired peace of mind, tranquility), that can help problem of VAW  

1. Increase recognition of women ulama and reduce male-dominated authority over religious interpretation, causing  women ulama are inconfidence, insecure, and lack of support for women ulama in Pattani to speak for ending VAW in Islamic perspective 
2. Strengthen women network that can play effective roles in  provision of affirmative action for women to louder their voices, create safety net to protect from resistance 
3. Create, facilitate and promote youth-led organization to take active roles in address VAW against women and girls
4. Replicate success of KUPI in Thailand to recognize the role of women ulama and increase their active involvement in promoting women- friendly interpretation, and create a space for dialogue and negotiation with male ulama to bring controversial issues such as sexuality education in formal and non formal school “
5. Support men’s involvement in more strategic way to support and promote gender equality and ending VAW as part of strategy to increase more support from men’s community, including male religious leaders
6. Remove all obstacle (culturally and structurally) that prevent any efforts to ending VAW such as militerization, stigmatization, and politization of religion 

# Challenges 

1. Social norms  on “subordination of women” influence to personal perception of society towards concept of “wanita sholeha”, poligamy, child marriage, men's authority to women, obidience to husband etc.
2. Religious leaders and ulama allows different interpretation of islamic text to be thought and shared in society to increase culture of critical thinking as well as to support survivor of VAW to get access to justice 
3. Long term support for survivor of VAW such as conseling, legal assistance, “harta sepencarian” and economic empowerment for women 
4. Social pressure and negative strigmatization for women’s organization and movement that defend for survivor of VAW and promote gender equality in Islam  
5. Raising confidence among women ulama to speak out and reclaim a space for interpretation that promote gender sensitivity 
6. Dealing with Syekhul Islam (male dominance) to create dialogue for ending VAW from Islamic Perspective 
7. Finding champion (male and female) from ulama groups who can support and work together in introducing gender sentive interpretation