LKAAM, the customary holder of the Minangkabau community in West Sumatra, petitioned the Supreme Court for a judicial review. Member of the Regional People's Representative Council (DPRD) of West Sumatra Province (Padang) [Personal communication].
THE FORMALIZATION OF ISLAMIC ATTIRE FOR STUDENTS
Differentiation of Discrimination and Intolerance Paradigms in the Case of Perkada Sharia in West Sumatra
Keywords: formalization, gender, regional regulation, Islamic clothing, discrimination Introduction
In this case, there are parts of the body (awrah) that can be seen by family members of any age, and there are parts of the body that cannot be seen at all. The most important awrah of men include parts of the body between the knees and the navel and the area between the knees and the neck for women. Awrah is a part of the human body that should not be seen by others, and those who do are sinful.
As a result, this part of the body must be covered, and those who deliberately expose it to others commit a sin. All parts of a boy's body between the ages of 9 and 12 cannot be seen by women, and when he is 13 years old or older, his aurat is the same as that of adult men (al-Zuhaili, 1997 ).
Literature Review Sharia Formalization
This situation causes local and national elites to compete for Qanun interests and political benefits to dominate their citizens, thereby marginalizing the interests of citizens. Third, the Perda Sharia would be more concerned with the positivization process than with the formulation of the content. Moreover, the Perda Sharia creates ambiguity between law and morality, making them ineffective; some view them as a violation of human rights, as politically motivated and as more symbolic in nature (Purnomo, 2013).
However, political motives are not the only factor that affects the development of Perda Shariat (Muhtada, 2018). Islamic clothing has been worn in West Sumatra (Minangkabau) since the arrival of Islam in the region.
Results and Discussion Minangkabau and Islam
Based on the aforementioned background, this article presents a scholarly study of the controversy over the regional regulation of the head (called Perkada) related to Islamic dress between elements of the Minangkabau community and the central government, using field data and the Supreme Court decision that canceled the SKB. This research aims to review the position of the case in the decision of the Supreme Court, examine the arguments of each minister, examine the arguments of LKAAM as an applicant for judicial review and analyze and discuss the whole case from different perspectives. On the other hand, they also preserve the Minangkabau customs, which have become a way of life in the society (Nasroen, 1957).
Minangkabau can be seen through its customary community, which is organized and regulated according to the mother's lineage, from the family as the smallest environment to the Nagari as the larger environment through the symbol of Bundo Kanduang (Anwar, 1997). Consequently, researchers often refer to Minangkabau as the world's largest matrilineal society (Aljunied, 2005), (Schröter, 2009), (Smedal, 2011).
Position of LKAAM’s Application in Decision Number 17/P/HUM/2021
According to them, the Minangkabau matrilineal society is more distinct because it adheres to Islam, which applies patrilineal principles in matters of descent. In order to put an end to all the unrest that occurred both within the indigenous people of Minangkabau and to enhance the unity and integrity of the Indonesian nation, the applicant took legal steps through an application for judicial review so that the education system in West Sumatra could it worked. safely and peacefully as it is.
Position of the Case of Respondent 1 Minister of Education and Culture
Position of the Case of Respondent 2 Minister of Home Affairs
Position of the Case of Respondent 3 Minister of Religion
The applicant's position that local authorities and schools should intervene in the manifestation of pupils' beliefs to use religious attributes is incorrect because Article 6 of the Child Protection Act only gives this power to parents/guardians of children. As a result, giving children the right to wear uniforms with specific religious characteristics under the guidance of their parents is part of the child's right to worship, which the state should protect, respect and guarantee. Coercion, on the other hand, or even an appeal from the local government or school is a violation of the child's right to worship.
The recognition of this right, as exercised by defendant III by establishing the SKB, is the application of the principle of the best interests of the child. The purpose of issuing the SKB is to protect non-Muslim Indonesian citizens seeking education without discrimination.
Supreme Judge Legal Considerations
From this explanation it is clear that students have the right to worship, express and think according to their religion, which also means that students have the right to choose whether or not to wear uniforms with specific religious characteristics. This regulation aims to provide legal certainty and benefits and create justice for all Indonesian citizens. Attributes for students, educators and educational staff in the school environment Organized by the Regional Government at the primary and secondary education levels, February 3, 2021.
The High Court judge then ordered the Registrar of the High Court to send a copy of the decision to the state press for inclusion in the State Gazette.
Obligation to Wear Islamic Clothing in the Community
The positive relationship between Muslims and non-Muslims in Minangkabau was also recognized by the Archbishop of North Sumatra, Riau and West Sumatra, Vitus Rubianto Solichin. He explained that while there were tensions between Muslims and non-Muslims in West Sumatra, this did not hinder the development of values of tolerance because the issue was quickly resolved by the relevant parties, including the local government and FKUB. Regarding the dress code, Solichin stated that in West Sumatra, there are Muslim-dominated schools where non-Muslim girls are not required to wear the veil.
As a result, Perda Sharia, based on the fundamental concept, is not a problem because it is consistent with the religious traditions of the community. Regional regulations, especially in West Sumatra and other parts of Indonesia, should not violate Sharia law.
Conclusion
When regional regulations on cleanliness, economic development, food security and other sharia-based regulations are issued, their value becomes universal and there is no need to worry about them as something bad that discriminates against those not governed by Islamic law. This situation necessitates that the minority group develop a tolerant attitude, as demonstrated by the Muslim minority group in the Bali region (Arkadius, personal communication, 2022). LKAAM said that maintaining and preserving this order means that tolerance values are not built to oppress non-Muslims, but to give understanding to minorities to respect the culture of the society in which they live.
Being Woman in the Land of Shari'a: Politics of the Female Body, Piety and Resistance in Langsa, Aceh. Red Roosters and Black Hens: Gender Symbolism, Kinship and Social Practice in the Ngada Highlands. Bijdragen Tot de Taal-, Land- En Volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia.
The Paradox between Political Islam and Islamic Political Parties: The Case of West Sumatera Province. Sharia in Power: Non-Muslims and the Operation of Islamic Politics in the Public Sphere of Aceh, Indonesia.
ISSN: 1412-6109; E-ISSN: 2580-2763
The Formalization of Islamic Attire for Students: Differentiation of Discrimination and Intolerance Paradigms in the Case of
Perkada Sharia in West Sumatra
Jarudin 1* , Hermawati 2 , Walan Yudhiani 2 , Alfi Syukri Rama 2 , Muhammad Adib bin Samsudin 3
Introduction
The formalization of Sharia is one of the ideal aspects of religious and state studies, as the issue of formalization of Islamic Sharia in politics is an interesting topic of study. Theoretical neutrality is understood not only as a state's commitment to guarantee the rights of its citizens, but also as a limitation of these rights. People's adherence to Islamic law must be regulated by legal regulations within the framework of constitutionality (Hidayat, 2012).
In general, controversies arise as a result of difficulties in unifying Muslim opinions and strategies for positioning Islam in the context of the country (Salma et al., 2022). Rejection in society occurs not only in terms of the positivization of Islamic law, but also in the application of Islam, starting with the issue of fighting strategy and progressing to determining the aspects of Sharia that can be accepted or applied as positive law (Ansor, 2015).
Minangkabau and Islam
Third, Perda Sharia is supposed to be more concerned with the positivization process rather than substance formulation. Several studies have concluded that Perda Sharia is strongly influenced by the political agendas of local elites. Reconstruction of fiqh (formalization of Sharia) based on local wisdom exists in West Sumatra province.
Based on the aforementioned background, this article presents a scholarly study of the controversy over regional chief regulation (called Perkada) regarding Islamic dress in West Sumatera between elements of the Minangkabau community and the central government. The formalization of Islamic dress for students: differentiation of discrimination and intolerance paradigms in the case of Perkada Sharia in West Sumatra ║ 85 larger environment through the symbol of Bundo Kanduang (Anwar, 1997).
Results and Discussion
In-depth interviews were conducted with regional policymakers, LKAAM, the Regional Legislative Council (DPRD), the President's staff, teachers, students, the governor, the mayor, academics and other community members as observers. Data analysis was carried out through the stages of data reduction, data display and verification using Sharia, normative legal and sociological approaches. Indonesian nation, the applicant took legal action through a request for judicial review so that the education system in West Sumatra could continue to run safely and peacefully.
The issuance of the SKB aims to protect non-Muslim Indonesian citizens' right to an education free from discrimination. According to the ministers, the principle of the child's best interests must be prioritized in the context of child protection, one of which is listening to and understanding the child's point of view and aspirations. Thirdly, the ministers argued that the Regional Government of West Sumatra violated three other aspects that have the potential to disrupt the stability of the nation and state life.
As a result, based on the fundamental concept, Perda Sharia is not an issue because it is in line with the religious traditions of the community. Regardless of the outcome of this case, LKAAM won legally, but not necessarily politically because the central government labeled the people of West Sumatra as discriminatory and intolerant.
