Ridwan Max Sijabat – Indonesia seems far removed from Afghanistan, where the Taliban recently stoned to death a couple that had eloped after a long hiatus in applying the sharia punishment.

Aceh province gained the right in 2006 to apply Islamic law and practise as part of its special autonomy; while several regencies and provinces have also passed sharia-inspired bylaws and rules. Masdar Farid Mas'udi, a deputy chairman of the law-making body of the country's largest Muslim organization, Nahdlatul Ulama (NU), recently talked to The Jakarta Post's Ridwan Max Sijabat regarding the issue.

Question: What is your comment on the growth of the sharia-related bylaws and regulations in the regions?

Answer: Such bylaws, instructions and circulars violate the 2004 Regional Administration Law and the amended Constitution [which gives equal rights to all citizens]. The phenomenon has to be viewed in light of the emergence of sectarianism and of formalism [of that sectarianism] among local elites, mainly politicians and religious leaders.

The implementation [of the resulting policies] has disturbed the harmony among religious communities, national integration and unity.

How did the movement for sharia-related regulations emerge?

It has to be understood in the context of decentralization and regional autonomy.

The issuance of sharia-based bylaws is really an extreme reaction to poor law enforcement. Religious leaders and clerics have proposed bylaws banning gambling, liquor consumption and prostitution because the public has long been disappointed by the enforcement of the Criminal Code [which criminalizes pimps, not prostitutes - Ed].

Further, many hard-line groups have emerged with their main mission to enforce Islamic law and take the law into their own hands. They have manipulated the situation to fight for their own interests; it is not uncommon for them to use violence in the name of religion to make money as indicated by the crackdown on entertainment centers known to offer call girls, hotels providing gambling facilities and liquor.

Do you think hard-line groups are groomed and nurtured by security authorities?

Many mutual interests are behind the issuance of sharia bylaws and the emergence of a pro-sharia movement.

The various interests could eventually serve each other. What is most important is that the police should first uphold their authority in enforcing the Criminal Code. The emergence of hard-line groups to enforce Islamic law is really a slap in the face of police and other law enforcers.

How do you assess the sharia-based bylaws?

The sharia bylaws must be evaluated because they are against the Constitution. It is an absolute deviation. They could not be treated as public policy because they are issued only for a certain group of people from a certain religious community.

The issuance of sharia-based bylaws indicates an abnormality and strangely the national leader has taken no action against them. I don't understand why national leaders have no political courage to take action against any regulations deviating from the Constitution.

Why don't regional administrations have the courage to review the sectarian bylaws?

They are really part of the problem. Regional heads have joined the pro-sharia movement to win political support in local elections. Many of those aspiring to public office have pledged to uphold sharia to improve their popularity.

They do not realize that sectarianism and religious formalism are a manipulation of religious norms and should not be manipulated for political interests. That is why the pro-sharia movement continues to be touted by religiously-based political parties.

The government and political parties should not interfere deeper into the private affairs of religion; their main task is to deal with politics and public administrations, as opposed to morality, ethics and religious norms.

The main task of religious leaders and clerics is to educate the people on how to behave well and abide by religious norms and implement their faith, instead of manipulating religious norms for political interests.

What should be done regarding the sharia-inspired bylaws and rules?

First, law enforcers have to enforce the law and uphold justice for all. All citizens are equal before the law and nobody, even the President, has impunity.

Religious leaders, clerics and their institutions... should not seek out differences and sow hatred, but promote religious freedom and harmony among religious communities. There must not be any space for sectarianism and formalism in religious tolerance.

They should prevent people from falling into formalism to avoid the emergence of sectarianism and hard-line groups taking the law into their own hands.

How can we reach a situation with a clear distinction between political and religious leaders?

Indonesia really needs an inspiring national leader with strong leadership to bring the nation back to the Constitution. Regional heads [governors, mayors, regents] have focused on making money to get back funds they spent during their candidacy.

As such, electoral reform is also a must to achieve low-cost local elections and seek legitimate and pro-people regional heads.

Regional autonomy must not stop at local elections but go on to provide better public service, improve social welfare and maintain political stability through strong law enforcement, religious harmony and a conducive investment climate.