By: Faqih Abdul Kodir*
Kongres Ulama Perempuan Indonesia (KUPI) or Indonesian Women Ulama Conggres in 2017 in Pesantren Kebon Jambu, Cirebon, had issued the fatwa related to the sexual violence. It said firmly in the fatwa, that all forms of sexual violence are haram (prohibited), both it is done inside or outside marriage. The fatwa is taken based on the reality in the society, then referred to the Quran, Hadith, aqwal (statements) or the views of the ulama (Islamic scholars) and articles in the constitutions and laws of the Republic of Indonesia.
The sexual violence that had been experienced by women are facts and needs serious handling from several parties. KUPI had recommended to the various stakeholders to overcome such sexual violence crisis, both the civil society as well as the government in accordance with Anti Violence principle in Islam. Especially, the government and the House of Parliaments are expected to issue Rancangan Undang-undang Penghapusan Kekerasan Seksual (RUU Pungkas) or the draft of Law of Elimination of sexual violence as the fulfilment of the civil rights and their protection from sexual violence.
Anti Sexual Violence Principle
All kind of sexual violence will bring negative impact to the victims, both physically and psychologically, in their social life. Therefore, it can be categorized as harm and the wrong thing which is prohibited by Islam and must be fought. The prophet’s signs on the resistance of evils are divided into three things, those are through actions (bi-yad), statement (bil-lisan), and the heart feeling (bil-qalb). The evils (including the sexual violence) were also divided into three catagories. Namely the verbal, and non-verbal or actions, and psychological violence.
Then talking about the zina (adultery) actions can happen through the heart feeling, eyes sight, hand, feet, and genital actions; so the same category also applied to the forms of sexual violence that happen. From somebody’s perspective or point of view, then there way to regard each other, and of course all of the actions of the part of the body. The forms of sexual violence can be more, in accordance with the relations, social, and technological development.
Whatever the kind of actions, sexual violence is a harm that had been firmly prohibited by Prophet Muhammad saw in other hadith texts. Among them as narrated by Abu Hurairah and written in in Sahih Muslim., as the following:
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللهُ عَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «اَلْمُسْلِمُ أَخُو الْمُسْلِمِ، لَا يَظْلِمُهُ وَلَا يَخْذُلُهُ وَلَا يَحْقِرُهُ، اَلتَّقْوَى هَا هُنَا». وَيُشِيرُ إِلَى صَدْرِهِ ثَلَاثَ مَرَّاتٍ: «بِحَسْبِ امْرِئٍ مِنَ الشَّرِّ أَنْ يَحْقِرَ أَخَاهُ الْمُسْلِمَ، كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ دَمُهُ وَمَالُهُ وَعِرْضُهُ». رواه مسلم.
Abu Hurairah ra said that Prophet Muhammad PBUH said: “Fellow Muslims are brothers, they should not oppress, sneer, or demean each other. The real piety is here,” he pointed to his chest and said it three times. (The Prophet continued): “A person is bad enough when he has insulted his fellow Muslim brothers. Every Muslim is haram and is defiled by his soul, wealth, and honor” (Saheeh Muslim, Kitab al-Birr wa ash-Shilah wa al-Adab, no. Hadith: 6706).
The sexual violence is part part of the violation of the human dignity (‘irdhun) which was prohibited by the Prophet PBUH. The kind of violence or evil , as quipped by the Prophet PBUH in the hadith text, started from the perception of disgrace to other people. So that, when somebody disgrace other people, it will make easy for him to perpetuate violence, including sexual violence. Therefore, Prophet PBUH affirmed that somebody will become bad and evil, when he started to disgrace other people.
عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللهُ عَنْهُما قَالَ قَالَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «لَا ضَرَرَ وَلَا ضِرَارَ». (سنن ابن ماجه).
From Sahabat Ibn Abbas ra said: Rasulullah SAW. said, “It is not permissible to injure yourself or injure others” (Sunan Ibn Majah, Kitab al-Ahkam, no. Hadith: 2431).
The hadith text is very popular among the ulama, so that a fiqh rule (principle) was formed from the hadith, namely adh-dhararu yuzal, that means anything that destroys, violates, and is dangerous must be eliminated. The principle can be applied in all life dimensions in Islam, both ritual worship (ibadah) and social relations (mu’amalah). Ibadah (ritual worship), if proven to be harmful, ao it can be canceled, delayed, or done in the lighter way and technique. The adverse or harmful transaction can also be canceled. According to the Islamic jurist, it is also sentenced as haram (prohibited) when it brings badness or harm to somebody.
With the spirit of the two hadith text as mentioned above, and of course there must be another text which is in accordance with perspective that see principally sexual violence is a bad thing and also a harm that is prohibited (haram) by Islam. Therefore, we must make serious efforts to prevent those things from happening in our society. The efforts of sexual violence elimination is a collective works off all component of the society and people in this nation, structurally through the laws, as well as culturally through the public education.
