Much ado over ‘banning’ SIS

Although small in number, SIS has undeniably made an impact in the country, carving out a name for itself through its work on Muslim women’s issues, an area often neglected here.

By SHAHANAAZ HABIB, The Star

IF I should apologise to anybody for the resolution, it would be more to PAS as this has given a negative image of the party. For me, the resolution is more damaging to PAS than to Sisters in Islam (SIS),” states Khalid Samad, the Shah Alam PAS division chief when met at the Parliament lobby last week.

It was the women’s wing of his division that was responsible for drawing up the controversial resolution which called on the national fatwa council to probe SIS to check if its activities were contrary to the teachings of Islam, with a view to declaring it haram if it was and to rehabilitate its members.

The rationale: Because SIS is liberal and purportedly dangerous as it could confuse Muslims in the country!

SIS is not new to controversy, however.

Its in-your-face approach has over the years made some, particularly the conservative segments of society, uncomfortable.

Although small in number, SIS has undeniably made an impact in the country, carving out a name for itself through its work on Muslim women’s issues, an area often neglected here.

But it is their most recent work – the Musawah (a movement championing equality and justice in the Muslim family and reforms in the Islamic family law) – that got the Shah Alam Muslimat all riled up.

These PAS women just could not accept that what they see as “givens” in Islam, like polygamy and faraid (inheritance law where women get only half the share of their male sibling), being challenged now by the Musawah group on grounds that they are unjust to women in today’s age and time.

Need for re-think

Although these are in the Quran, the Musawah movement spearheaded by SIS argues, they are “contextual”, and there is a need now for a re-think and re-interpretation of the laws within the framework of Islam – based on today’s realities.

Khalid says the women in his division were disturbed that the religious authorities including the fatwa council did nothing about the Musawah.

“You are not talking about views and opinions here but laws based on the Quran and Sunnah (practices of the Prophet). These are explicit and there is no need for us to re-define and revamp everything.

“Once you start going against Quranic verses very openly and what can and can’t be followed, then you open the door to everything. If you question the whole foundation of Islamic law, then what is left? You can set conditions for polygamy but to ban it goes against the words of the Quran itself. How do you justify that?” he asks.

For Khalid, his Shah Alam Muslimat were just concerned that such views are “at odds with Islam” which are coming from SIS and the Musawah, and they wanted these corrected.

Hence the resolution.

Which has left Khalid and PAS explaining to furious members of DAP and Parti Keadilan Rakyat – their partners in the Pakatan Rakyat – about the resolution, its intention and the “technical mistake” behind it.

According to Khalid, the resolution was supposed to have been re-worded but it was not. And assuming the change had been made, he did not check it and it got passed without debate at the muktamar.

And then the damage was done.

Khalid says it is unfortunate that the whole issue has now raised questions in people’s minds about PAS.

“It makes people fear and have doubts about us. They question if PAS comes to power whether we would be inclined to use force and our power and declare whatever we don’t agree with as haram or detain whoever we feel is not right.

“But that is not the PAS approach. We believe in persuasion and engagement, not coercion,” Khalid says.

For Jamaah Islah Malaysia’s (JIM) president Zaid Kamaruddin, urging SIS to be investigated with a view to declaring it haram is a very serious call.

“You can’t make such resolutions based on suspicion. You really need to show evidence and proof that they have deviated from the religion,” he says, drawing a clear distinction between banned movements like Ayah Pin’s where there is consensus that it is deviant and outside the teachings of Islam.

“But as far as I am concerned, SIS is working within the ambits of the syariah and there is no reason for anybody to doubt that,” he says.

Unlike Khalid who says SIS should go back to the basics of Islam and the Quran and sees flaws in their understanding of the syariah, JIM’s Zaid says that the way SIS operates is that they always refer to the sacred texts to make their positions and take a stand.

“There can be variants in opinions. If there are differences, the best thing is to engage and point it out by using hujah (good arguments) based on the Quran and Sunnah – not passing judgment on others,” Zaid says.

Perhaps it is the fact that SIS is very direct and brash in highlighting issues (and make no apologies for that approach) which makes some people uncomfortable.

But for Zaid, “whatever is said – if the comment is right – then however it is said is right.”

He concedes there are a number of areas that JIM does not see eye to eye with SIS such as polygamy, faraid and some concepts in the Musawah.

“But each organisation has its own speciality. And on issues that we disagree with, we choose not to be with them. There are different opinions and each of us needs to go back to the books (for answers),” he says.

Both Khalid and Zaid agree that SIS has done good work on the ground in helping Muslim women who have been deprived of their rights.

A PAS MP and member of the Muslimat wing, Dr Siti Mariah Mahmud, agrees that credit must be given to SIS for its body of work for Muslim women on the ground.

But she also asks why the polemic against SIS keeps cropping up from time to time.

Although the resolution was a technical mistake in the way it was worded, she points out that other religious bodies like Jakim agreed with it and PAS received text messages from other Muslim NGOs saying it is a very good resolution.

Certificate of clearance

Dr Siti Mariah, who was not aware of the Shah Alam resolution until it was tabled, says one way to look at the resolution is as a possible certificate of clearance for SIS.

“It is not our intention to declare them haram but this is not the first time that a Muslim organisation has taken issue with SIS. So let the fatwa council study and investigate and give their views on the 20 years of work done by SIS.

“If they (SIS) are found not to have wronged any aqidah (beliefs of) Islam, that would be a certificate of clearance for them that their struggle is in line with Islam,” she says, offering a positive spin to the whole resolution debacle.

“I don’t deny that they do good things for women but maybe it’s their approach (that causes problems). I’ve told them before that their approach, especially with the ulamak and the religious officers, is too confrontational,” she says, adding that these religious officers said that while SIS was constantly finding fault with them, as implementors they were merely carrying out their duty in accordance with the system that was put in place.

“I myself can point out why people disagree with them especially the mainstream thought. They are always quoting ulamak who are out of the mainstream,” she says.

As for the Musawah, Dr Siti Mariah says in her view it is all right to reform the laws in the country for women’s rights and the SIS interpretation in seeking reform is “not all that wrong.”

“It’s just that sometimes they are too far ahead of society and that’s why it becomes confrontational,” she adds.

Another bone of contention – which was raised by the Shah Alam Muslimat during their meeting with Khalid over the resolution – is SIS and Musawah’s close association with Amina Wadud, a female scholar who drew controversy years ago when she took on the role of imam and led prayers in the US for a mixed group of men and women.

“None of the ulamak in the present world says a woman can lead mixed prayers. This never happened during the Prophet’s time,” she says, adding that Amina Wadud is SIS’ mentor and still very much with them.

(Amina was one of the personalities who attended and was one of the speakers at the Musawah.)

“Once you have a figure associated with that – it’s very difficult lah,” she says, adding that after the Manek Urai by-election, the Muslimat PAS are prepared to sit down with SIS to talk and sort things out.

While PAS, which is pushing for a “PAS for all”, has suffered a dent in its image over the issue, SIS should also take note of the fact that not every woman shares its stand. In fact, it is a group of women with reservations about the push for equality and justice for women – who came up with the resolution seeking the ban on SIS.