Musdah Mulia
A majority of Muslim women in Indonesia do not receive adequate information on family planning, reproductive rights and health, and gender equality, nor the correct information on Islamic teachings regarding women’s position and gender equality. Most women are entrapped in poverty and ignorance, so they have no access to education. Most of them find themselves in a subordinate position, and many even face domestic violence so they are unable to make their own decisions, particularly in married life.
This problem, generally is caused by interpretations of Islamic teachings that are not accommodative towards values of humanity. Such interpretations usually emerge because understanding of the holy texts of ulemas focus more on textual aspects and tend to ignore the contextual aspects; the influence of a feudalistic and patriarchic culture that considers leadership always belong to men; gender biased values that put women in a lower position than men, in family as well as in communal life.
The consequence of such misinterpretations has rendered communities to remain fixated on views that differentiate preference based on gender. Men in every way are always put first compared to women, boys are more important than girls. Decision making at home also places the right in the men’s hands, although it might involve the safety of the women’s lives. As a result, many women do not have the liberty of choosing or rather of taking part in making important decisions regarding their bodies.
Regarding abortion, the result of my research is that the majority of Islamic jurists permitted abortion before the creation of the soul, although there was less unanimity on the exact time of the creation of the soul. The Hanafï school permitted abortion before ensoulment (calculated by some scholars as the end of the fourth month of pregnancy or earlier according to others). They granted women the right to abort even without their husbands’ permission. The Shãfi’ï and Hanbalï schools mostly agreed on permission and differed on the length of time during which it is permitted.
There are at least three barriers in implementing humanist Islamic teachings regarding family planning and abortion: resistance of conservative ulemas; gender-biased Islamic family law; and the problem of patriarchal culture.
The methodology of reinterpretation of Islamic teaching must be based on three principles: the principle of tawhid; the principle of maqashid al-shari’ah; and the principle of fiqh relativity.
My conclusion is that to promote family planning and especially to prevent unsaved abortion, Muslim religious leaders must have the courage to voice Islamic teachings that are more rational, accommodative towards humanitarian values and are able to respond to contemporary issues of modern society, such as family planning and abortion. Islamic organizations must be at the forefront in campaigning for Islamic teachings that are able to raise the pride and dignity of Moslems. And also to liberate Moslems, especially women, from ignorance, poverty, and injustice.
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