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Tampilkan postingan dengan label women rights. Tampilkan semua postingan

Budaya Damai “Kyai”, Masih Adakah?

Pembakaran rumah pemimpin Syiah, Kyai Tajul Muluk, di dusun Nangkerenang, Desa Karang Gayam, Kecamatan Omben, Kabupaten Sampang Madura pada 29 Desember 2011 lalu, menjadi penutup catatan buram kebebasan beragama di Indonesia. 353 orang korban kini mengungsi di GOR Sampang. Mereka menolak dipulangkan, sebelum pelaku pembakaran ditangkap oleh pihak yang berwajib. Polisi kehilangan taring. Para LSM satu per satu meninggalkan lapangan. Berharap mengurai kebuntuan di luar Sampang. Para pemimpin agama dari kubu mayoritas tetap meyakini bahwa tindakan penyerangan itu dipicu oleh merebaknya paham sesat. Pimpinan Suni, Kyai Rois (tersangka), belum memberikan tanda-tanda untuk membuka rekonsiliasi. Begitu pula Kyai Tajul (korban), semakin mengeras dengan tuntutan “adili pelaku”. Tidak ada yang mau mengalah. Ya… kita sedang disuguhi tontonan Kyai “makan” (re: bertikai dengan) Kyai.

Kepatuhan pada figur kyai dalam tradisi Madura melebihi kepatuhan terhadap pemimpin Negara. ini karena kyai dipandang sebagai tempat menimba ilmu agama yang akan menyelamatkan umat muslim. Agama diyakini bukan sekedar ritual tapi lebih dalam sebagai way of life orang muslim. Olehkarenanya belajar agama adalah belajar bagaimana hidup sebagai muslim. Dalam prakteknya, kyai bukan saja berperan sebagai pemberi ilmu, tapi juga dipercaya mempunyai kedekatan terhadap Tuhan (re: Allah). Sehingga doa seorang kyai diyakini sangat manjur. Tidak heran peran kyai akhirnya merambah pada wilayah sosial seperti mencarikan jodoh, memberikan nasehat pernikahan, melakukan adzan pada anak baru lahir, mendoakan orang mati, melerai pertikaian dan sebagainya. Peran-peran tesebut diberikan karena dipercaya bahwa kyai memiliki sifat-sifat tauladan untuk menjaga keharmonisan hubungan manusia dengan Tuhannya, manusia dengan manusia dan manusia dengan alam.

Artinya bahwa tauladan kyai bukan saja pada tataran pemahaman agama, tapi juga praktek konkrit dalam prilaku sehari-hari yang mencerminkan nilai-nilai keharmonisan dengan Tuhan, manusia dan alam. Dengan kata lain, kyai diminta menjadi juru damai. Tentunya kedamaian akan dicapai jika bisa menjalankan ketiga harmoni tersebut. Ini artinya, secara tidak sengaja, masyarakat telah menegaskan bahwa kyai itu tauladan perdamaian. Bahkan lebih tajam lagi, kyai itu sebagai representasi budaya damai, karena perannya memberikan tauladan harmoni yang diturunkan ke dalam seluruh aspek kehidupan manusia. 

Pembakaran rumah pemimpin (re: kyai) syiah di Sampang, yang berakhir pada “pengusiran” pengikut syiah dari kampung halamannya, dan menyisakan kepedihan, sakit hati, dendam, dan trauma yang mendalam pada perempuan, anak-anak. Secara budaya, kekerasan yang dipicu oleh perbedaan cara berdakwah ini, kemudian menggunakan kendaraan perbedaan keyakinan, sehingga memicu ketegangan di masyarakat. Hasil laporan temuan lapangan tim investigasi Asian Muslim Action Network (AMAN) Indonesia, menemukan bahwa fasilitas pelayanan gratis yang berikan oleh kyai Tajul, sangat membantu masyarakat. Tapi, di sisi lain menimbulkan kecemburuan pada kyai lainnya. Absennya mekanisme dialog di masyarakat, sering membuat prasangka dan kecemburuan mengkristal dan pecah menjadi kekerasan yang merusak semua tatanan masyarakat. Termasuk tatanan budaya damai kyai.

Kekerasan dengan dalih apapun, selalu merugikan banyak aspek kehidupan. Kasus Penyerangan perkampungan syiah, bukan saja telah menghancurkan harta benda dan fasilitas publik, tapi juga telah mengoyak tatanan budaya masyarakat Madura. Persaudaraan pecah karena berebut klaim kebenaran. Kepatuhan kepada orang tua runtuh, karena dipaksa harus berpihak pada “yang dianggap benar” atau “yang dianggap sesat”. Hilang sudah, taretan dhibi’ (saudara sendiri) yang menjadi simbol keakraban orang Madura, sekaligus simbol kesolidan orang Madura. Ikatan etnisitas sejak lahir, harus kalah dengan kepentingan nafsu untuk berkuasa dan klaim “paling benar”. Bahkan status ibu tidak cukup kuat dijadikan connector untuk menjahit kembali hubungan ibu dan anak. Kabur sudah nilai harmoni dengan Tuhan, sang pengasih tanpa batas. Sehingga, terkubur sudah harmoni dengan manusia sesama, sehingga merusak harmoni dengan alam.

Kini, di pengungsian GOR Sampang, para ibu sibuk mengusir nyamuk, jangkrik, semut dan segala binatang kecil yang mengganggu tidur anak-anak mereka. Bayi-bayi harus mandi air dingin dan minum susu dengan air dingin di pengungsian. Jatah air bersih juga berkurang. Penyakit kulit, flu, batuk mulai menghinggapi para pengungsi. Teror, intimidasi dari petugas keamanan, karena menganggap pengungsi syiah bandel dan keras kepala. Kebencian semakin massif dikalangan pendukung , lupa bahwa syiah di Sampang juga saudara. Rekonsiliasi seolah buntu, karena ada prasyarat berat harus “bertobat” (masuk suni). Apalagi pengampunan (forgiveness). Kalau sudah begini, masih adakah budaya damai ( kyai) di Sampang? ***

Remodeling the protection of Minority in Indonesia: Case of Shia Sampang

On 5th June 2013, the ministry of coordinator of people welfare held focus group discussion regarding finding best solution for Shia in Sampang. I was invited to be one of speaker in the workshop together with Mas Ihsan  from Paramadina and representative of minister of politics and human rights. The aim of the workshop was to understand the root causes of conflict in Sampang and find the relevant solution which could give win-win solution to both Shia and Sunni. 

It has been nine months, 147 Shia people are staying at indoor stadium called GOR Sampang. they are affected by the attack of intolerant mass on 26th August 2012 which caused many peple injured, 1 person die and hundred men, women and children ought to flee from their village, Nangkernang-Omben-Sampang-East Java. Though government has provided basic support to internal displaced people (IDPs) regarding their food, sanitation, clean water and security. This does not effect to push to resolution phase of conflict. The Sunni group which affiliated to the Bupati (head of district) and Muslim leaders coalition called Basra  are insisting to relocate Shia far out side Sampang. while, shia would like to go home to their home town. But since there is no guarantee from the government and security force, Shia people must wait for sometimes.

According to Mr. Damanhuri from Ministery of Politics and human rights, the local government has spent about  Rp 2.767.257.500 to give IDPs subsidize. The policy of emergency is only for three months period, but now IDPs has been 9 months living there. Assessment and visit from the national government has been taken place but no concrete solution could be executed to end the conflict and displacement. 


Rights based approach is an approach that putting human rights as main instrument to use to enforce law, in which the perpetrator of violation of human rights against Shia minority should be punished in accordance with level of violation. In Case of Shia in Sampang, this approach has frozen the situation, impunity to perpetrator because of mass pressure to ask consensus; when Rois is arrested  then Tajul must be arrested as well. So, this will give balance situation. The result was so disappointed that Rois has sentenced by several months and finally release, while Tajul as leader of shia was sentenced for 4 years because being accused as conducting religious desecration (penodaan agama). While hatred are increasing among sunni and this is threatened shia side. 

Noisy approach has been also taken up to solve this problem using media. The civil society had approached to some popular media such as MNC, Media group, Berita Satu, etc to ask them to report situation beyond conflict and attack. The CSO provided some issues regarding impact of conflict to livelihood of people, agriculture, health and education, that media could expose to get people empathy and force the national authority to take serious action in solving the conflict. But, seems the more we produced political statement and public action on the public, the more "sunni" people in Sampang put pressure to shia. On 7 May 2013, thousand of sunni people coming from Sampang surrounding came to the office of head of district and urged the head of Sampang district to produce legal document to relocate shia. 

We may think other solution in between relocation and reintegration. Relocation solution for shia may cause new problem and more complex. Government should think over about acceptance of new neighborhood, security guarantee, livelihood of IDPs, sustainability, but this will produce discourse on win and lose. The majority will win and feel that  they are right. And impunity will strengthen. On shia minority side, relocation will create feeling of rejection as citizenship, distrust to state because what stated on the 1945 constitution of Indonesia has different story with the implementation of constitution. 

Reintegration of course the best solution to take up. The big impact on picking up reintegration solution to Indonesia is the enforcement of human rights in this country becoming stronger. The violent majority will learn big lesson that they could not take violent action against anyone in regards to religious practices. But reintegration might cause "anger" among the majority because numbering does not say anything. Therefore, through reintegration is chosen as the best solution, there is important to make sure that all interest of groups must be accommodated. This is what Ihsan from Paramadina called as Interest Based Approach in solving the conflict. 

To conclude, government must really take a serious action in creating mediation team which comprise of people who has clear perspective and not minority bias. This is important to have strong position over human rights but at the same time appreciating local wisdom which is sensitive to minority and gender, to be capacity that can be used to conflict resolution. The other important part is to map connectors and dividers of the reintegration resolution, to understand clearly their political, economical and cultural interest over the situation, so this can produce better elements of negotiation in the future. Inculding, we should also be objective in looking at the political agenda of Tajul Muluk, Rois, Basra, Bupati Sampang, NU as muslim institution, investor, or others. So, human rights will be our faith in judging the situation, but negotiation and getting consensus is important. Because there is no absolute freedom. Living in pluralistic society like Indonesia, teaching us to respect others and manage the differences by considering not only human rights principles but also our local wisdom. ***



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Access to Justice for Muslim Women in Conflict Affected Area: Is “Shariah Law” Effective?

“The women victims are forced to marry the perpetrators to suppress the shame. Sometimes, the rapes or sexual harassments are videotaped and then publicized. If the perpetrators are military officers, the cases have to be tried in Court Martial and the victims are not allowed to bring the cases directly to the Court as being the plaintiff”….(quoted from presentation of Angkhana Nilapaijeet in Bali, 2-3 May 2013)

The quotation above is one of other cases of Muslim women from conflict affected area in Southeast Asia, which had been shared during Expert Group Meeting in Bali held by The Asian Muslim Action Network (AMAN Indonesia) with the support of UN Women. Attended by 28 Muslim women from Thailand, Cambodia, Burma, Philippines and Indonesia, the Expert Group Meeting (EGM) was interested to find an intersection between women human rights instrument such as Convention on Elimination of All form of Discrimination and Violence Against Women (CEDAW), UN Resolution 1325 regarding women, peace, and security and Muslim Family Law to advocate access to justice.  This article is intended to answer whether Shariah Law is effective to respond access to justice for Muslim women in conflict affected area in Southeast Asia.

Though almost all countries, 187 out of 193 countries have ratified CEDAW, on the contrary the number of cases of violence against women are prevalence. UN Women reports that in Vietnam 95 of cases of domestic violence (DV) and in Indonesia 96 percent are perpetrated by husbands against their wives. In Thailand, 44 percent of women victim of DV reported that they have suffered sexual and physical abuse while in their current or former relationship. It is also shocking in Malaysia, 57 percent of DV survivor have suffered from their husband, ex husband, live-in partner or boyfriend in the first year of relation.

In simple words, CEDAW is threatened by cultural norm which is discriminative to women that has blocked access to justice of victim and survivor of violence against women. As instrument of human rights, states obligation and demands such as complaint, redress, and remedies for violations of women’s rights are explicitly stated on CEDAW. Therefore, to guarantee effective and gender responsive justice, that potentially prolong discrimination against women, which inhibit women’s capacities and capabilities, restraining their legitimate demands to voice, choice and safety, should be strongly taken consideration by the justice sector.
To optimal CEDAW, in the context of conflict and war, the UN Security Council Resolution 1325 regarding women, peace and security is addressed. This resolution is to ensure women’s involvement in all phases of conflict prevention, protection, participation in decision making process, including relief program during conflict, recovery and rehabilitation. Shadiah Marhaban from Indonesia suggested creating a women forum coexisting with peace forum to increase possibility to have more women representative in the peace agreement. Her personal experience as the only woman included in the Helsinki peace agreement gave strong lesson on how important women to have strategic role in preparation of peace talk.   


In relation to impact conflict to women, Andy from National Women Commission (KOMNAS Perempuan) reported that women suffer from physical violence, intimidation, sexual violence, in all of conflict area in Indonesia during attack. Moreover, in relation to deployment of security force in Timor Leste, Papua, Aceh and 1965 era, women suffered from sexual slavery, sexual exploitation, forced contraception and abortion. In camps, harmful tradition practices such as blind Chinese marriage, domestic violence, deprived living condition, and treats and acts of rape, invasion of privacy are very common. In Aceh, women should face complicated situation when Shariah Law is implementing as alternative government, which deliberately domesticate women from access to social, culture and economy. Though, Shadia Marhaban clarified that Aceh Free Movement had never campaigned to have Shariah Law in Aceh. But the fact that Shariah Law has formulated into qonun (local regulation) need to criticize.

In Southern Thailand, Anchana Hameemah highlighted that detainees and their families have no guarantee of their life from state in regards to safety life after release from the prison. Victim of sexual violence suffers from double burden. In one side, they are situated to not speak out because rape is considered as “taboo” to talk because in patriarchal society it erodes the honor of family and society. It is reported by Angkhana Nilapaijeet, activist of human rights that women victim of rape are often forced to marry the perpetrator to avoid “moral panic”. It is considered as the best resolution for both families. In Burma, Muslim women event cannot go to public to share their feeling about the stateless status and the unsecure situation they are facing.
Event the situation become worse, when element of religion is attacked to give legitimation to domesticate women from public for security reason and “moral” protection. Pateemoh from Patani, witnessed from her field work that some Ulama (religious leader) in the village A regulates how women and men should and should not do. Women must wear hijab (head scarf) with long slaves, if not they will cut their hair. Women could not present to public with no reason.

Now, the situation is more complicated when religious element with bias interpretation is used to restrain access to justice for victim and survival of violence against women, block women’s participation in decision making process and neglect economy, social and cultural rights of women. This is one of the reasons why we need to pay serious attention on the Muslim family law. Prof. Musdah Mulia believes that family law is the essence of Shariah. It means that during the prophet life, the family law had been a matter of surpassing the importance of Islam, which must be treated more thoroughly and given greater detail in Muslim countries than any other subject. On the other hand, it is also tricky area where reinterpretation of Islamic jurisprudence is challenged by the realities of contemporary life.

Similarly, Alpha Pontal from Musawah, an International Muslim women network, pointed out from her presentation that equality in society can only be achieved when equality in the family is attained. As the smallest unit in the community, family is central to our lives, where everyone hope safety and happy space, equally empowering to all. Unfortunately, within family, we face a lot of cases of exploitation and discrimination against women are rampant, forced marriage, domestic violence, trafficking in women and children using the modus operandi of marriage, high number of children marriage, unregistered marriage, and widespread practice of polygamy. To eliminate all form of violence against women, Prof. Musdah promotes the new paradigm of Marriage Law, which women’s rights-approach is used as basis of consideration to determine argumentation. With women’s friendly interpretation, we should incorporate holistic approach in understanding definition of marriage, guardian in marriage, witness in marriage, Minimum age of marriage, dower of marriage (mahr), marriage registration, nusyuz(disobedience),  rights and responsibilities of spouses, earning livelihood, polygamy, inter-religion marriage, iddah (the waiting period), ihdad (the mourning period),marriage contract, and extra marital children.

Is “Shariah Law” Effective for Access to Justice? 

Shariah and shariah law has different understanding. Shariah is understood as the moral code and religious law of Islam (not legal system). It deals with many topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. There are two sources of Shariah; Al-Quran and hadist (the prophet tradition). While, Shariah Law, in this article define as legal system of Shariah, which mostly discuss about jurisprudence (fiqh) wherein (male bias) cultural element strongly influence to interpretation. Is “Shariah Law” effective  for Access to Justice of Muslim women in conflict affected area?  

It is difficult to answer “yes” or “no” on this case. But let me explain to you some of argumentations that we may take as consideration. Firstly, distortion of Shariah is rampant when it transform into legal system, because the detail interpretation in which cultural aspect and political interest are often bias. In addition, translating Shariah into legal system has tendency to understand the essence of Shariah in symbolic way. It means the understanding of human being is scoped by interest of culture, social, economy and politics, which unfortunately give more privileges to men and vulnerable to create discrimination and violence. Moreover, the legal framework is inflexible to accommodate each case with specific approach, because the formulation should be applicable to one category, no matter motivation and stimulus are diverse.

Secondly, the Prophet never interpreted Shariah into legal system during his life time, because the law and interpretation is in the hand of prophet, who was well-known as great leader. During the prophet life, each case was treated special and responded differently in accordance to case stimulus. One of popular hadist is often quoted regarding a sex worker who got forgiveness from the prophet because she gave a dying dog water to drink by using her shoe.

Once, the rajam interprets into legal system, the explanation and indicator must reflect the common practice in Muslim society, including the text tradition. The interpretation of legal system must be textual, clear and exact, unless the judge has broader perspective to analyze beyond the case. So, he or she might be able to take other facts as consideration while interpreting the article on the legal system. The legal system is constraint as limit as human capacity. 

Thirdly, the absent of discourse on sexual violence or rape in Islamic text can be one of big barriers for Muslim women to enjoy their ECOSOC and political rights. From the workshop, Yuni Chudaifah from KOMNAS perempuan elaborated the crucial concept of zina (fornication), which often misused in Muslim society. When all form of extra marital sex is simply understood as zina, then rape is hardly recognized and people may simply resolve the case by marrying victim to perpetrator. If this codifies into legal system, both victim and perpetrator must be punished, which is not fair. 

In responding access to justice of Muslim women in conflict affected area, the legal system of Shariah may not be effective, because there is strong tendency to interpret it in male-bias argumentation.  Moreover, the transformation of Shariah into legal system is tricky, slippery, and attempted to use for political interest.

Recommendation 

In community level, communities should build on existing indigenous knowledge and practices that already promote women’s access to ECOSOC rights. Address negative community attitudes (and their consequences) towards victims and survivors of sexual violence by: encouraging discussion with religious authorities on the differences between rape and zina (fornication), and advocacy not to marry off rape survivors with the rapes, and for women’s access to safe abortion services. 

In national level, government should provide harmonization of law and coordination between different government agencies and levels of government. This will ensure that discriminatory local laws do not contradict national laws which generally speaking are less discriminatory. 

In regional level, engage with ASEAN’s mechanisms including AICHR, ACWC, the ASEAN Secretariat to provide them with information and encouragement to promote ECOSOC rights for women in Muslim conflict areas. Finally, in international level, The UN (particularly the Human Rights Council and CEDAW Committee) must make strong recommendations and monitor their implementation by state parties, including submitting reports to the UN human rights mechanisms, submitting cross-reviews. Civil society should also submit reports to the Independent Permanent Human Rights Commission (IPHRC) of the Organisation of Islamic Conference (OIC).
***
You may read this writing to amanindonesia.org or in POTRET magazine with bahasa version. 








Access to Justice for Muslim Women Living in Conflict Affected Area in Southeast Asia

On 2nd-3rd May 2013, The Asian Muslim Action Network (AMAN) is going to hold two days workshop in Bali by inviting Muslim women living in conflict affected areas in Southeast Asia. The workshop is aimed to facilitate sharing and learning experience among Muslim women from conflict zone to discuss about access to justice. In answering problem access to justice, the workshop will linkage framework human rights, which instruments of human rights such as Covenant on Elimination all form of discrimination against women (CEDAW) and UN Security Council Resolution (UNSCR) of framework of Muslim family law. What are the linkages of human rights framework and Muslim family law in the context of conflict? 

I am not going to answer this question this time, but i would like to give my opinion on the linkages of human rights and Muslim family law. Firstly, the linkage between CEDAW and UNSCR. CEDAW has emphasized on elimination of all forms of violence against women, including in the situation of conflict, while UNSCR 1325 on women, peace and security, resolution 1820 and 1888 emphasizes on sexual violence in conflict situation, and resolution 1889 focuses on women in peacebuilding and peacekeeping mission. Though each resolution has different focus, but each of them has strong focus on involving women in conflict transformation, in specific to pay attention to survivor of sexual violence. Therefore CEDAW and UNSCR are strong tool to fulfill access to justice. 

What about Muslim family law? In many context of muslim society, family law is considered the core teaching  on relation between men and women. To deconstruct gender relation in society, we have to deconstruct family law. What does it mean? it is about reinterpretation of islamic teaching on looking at equal relation between women and men in our society. In debating family law, we are questioning concept of witness during marriage, dowry, legal status of marriage, inheritage, the rights to divorce, the rights to child custody, the rights to receive income from ex-husband, etc. Other issues such as public participation among widow and the rights to get job for widow are still debating and somehow hinder muslim women to get access to justice. Is the situation remain similar for muslim women living in conflict affected area? 

The result of 2 days workshop will reveal this issues and see in specific context of Indonesia, Phillipines, Thailand, Cambodia and Burma, the family law hinder or support muslim women to get access to justice in situation of conflict or post conflict area. I would be glad to share to all of you through this blog. *** 

You may contact me to remind me if i am late to upload the result of workshop dwiruby@yahoo.com 

Where should minority children be involved in the battle of freedom for religions?

Three months ago, I had change to meet some women from GKI Yasmin in Bogor to know their progress as well as to seek possibility to have joint program. My visiting was so fruitful because it was attended by core team of women of GKI Yasmin, where most of them are so powerful and ready to move forwards to help other minority women. Wow..how this fantastic to hear about fresh energy, who are ready to assist other women minority to take up and fight for justice. 

There was one interesting story from our discussion that i would like to pick and highlight in this writing, was about the position of children. "Are your children aware of this case?" I asked Ibu Ning, the leader, about the situation of children in responding the discrimination against faith minority. " I even dont think about it," said Bu Ning. 

According to Bu Ning, there is almost no space for children or youth belonging to GKI Yasmin shared about their feeling during the church facing confrontation from unknowed mass that cause sealing of church. Since 2006, the follower of GKI Yasmin has been fighting to get their rights. Though they won in the state court, and The President has been urged the major city to take follow up action to open the seal from the church, but nothing happen. Last Christmas, the rejection was still strong. 

Go back to the situation of GKI Yasmin's children, it is obvious that children or youth are not involved much in the situation. Moreover, the parents tend to avoid children from the discourse of rejection of church. In fact, children and youth are often witnessing the clash between violent mass and their parents almost every Sunday. Children and youth are actively involving in the rally and regular worship in front of the President Palace. 

They have leant something, but they may not be able to express their desparation, confusion, doubt, hatred to "Islam" because this group which obviously have been making distraction during Sunday worship using "Islamic symbol". I am afraid that children are having negative thinking about Islam and generalize that all muslim are bad. They may also hold hatred to all muslim and closed their friendship to Muslim children. 

We, adult people must pay attention of this since early stage. Children of minority need a space where they can express their feeling and voice. The adult must hear their thought over the case and dig up possible solution from the persepctive of children and youth, so perhaps some innovative solution can be formulated. Children from minority need to be met with children from majority. Hence, they can get different persepctive of diverse muslim and still find friendship to other muslim who believe on tolerance and non violence action. So, open space for children and youth, let them be free to speak up. ***

I Say "Merry Christmas" Because You are Human Being

I am glad that finally the leader of Nadhlatul Ulama (NU), one of biggest Muslim mass organization, Said Aqil Siradj remarks that "saying happy Christmas" would not fade away the faith of NU's member. In the big dillema situation of minority in Indonesia, especially case of worship place establishment, the strong political statement from the leader of NU is urgent to clarify how Muslim should take position in building tolerance with non Muslim.  One of good example is by saying Merry Christmas to our neighbors, friends and family members who believe on Christian teaching. Moreover, statement from Said Aqil has clearly clarified NU's position in responding to intolerance wave spreading by narrow minded Muslim groups.  

I agree with Said Aqil's statement on Ratyat Merdeka Online ( http://www.rmol.co) published on 21 December 2012 responding Indonesian Ulama Council (MUI) to prohibit Muslim Say Marry Christmas, highlighted that this issue should not be addressed because it is normal way to show our tolerance to our sisters and brothers from Christian group. Moreover, there is no single text from the Qur'an or Hadith supporting prohibition of  Christmas greeting. But why do some Muslim strongly prohibit this practice?  The only reason is perhaps, they are afraid of faith conversion. Because they believe that Jesus is not Isa Almasih. When Muslim says happy Christmas, this can be considered as believing on Jesus teaching or Christian teaching.  Moreover, it is also to simply when you think that after saying happy Christmas then you suddenly change your faith. I believe that there is no study about it, unless conversion to Christianity must be based on fundamental reason, rather than just simply saying "happy Christmas". Or other reason can be "yes man" culture among follower of the group, often not questioning any decision made by the leader, who may have political agenda by publishing intolerance statement against minority. 
 I strongly believe that as human being, we should respect to other human being. How to respect? Simple thing we can do is to say Merry Christmas to our Christian friends, neighbors, and family members. I would like to tell story to all of you, readers of this blog about this small practice that my family try to maintain. I live in small town house in South Tangerang called Puri Andora, with 27 others family, 4 of them are Christian families. Because they are minority, it is often that Christmas is just celebrated  solely by their own family. So, I put Christmas as a chance to connect more closely to my Christian neighbor. So, on 25 December i knocked their door and handed a card  and small gift to them and was saying "Selamat Natal" (Merry Christmas . I put my best smile to them and be kind to be their neighbor. They replied with big smile and friendly looks. I showed "shocking eyes" but at the same time "happy eyes" and smiling face after that. By doing that, I felt that I am more Islamic. Do I want to change my faith? NOT AT ALL. 

Why do i do it? Because Christian people are human being. JUST LIKE ME. YOU TOO. So, we love them not because they are belonging to Christian, Buddhism, Catholic, Hinduism, Confusionism or other traditional faiths, BUT I LOVE THEM BECAUSE THEY ARE HUMAN BEING. 

To close my  short reflection of Christmas, i quoted a poem written by Kyai Mustofa Bisri entitled "Aku Menyayangimu karena kau manusia". The poem has been translated into a song directed by Iwan Fals. I hope you, the readers of this blog could also enjoy and reflect the meaning. 

Aku menyayangimu karena kau manusia (I love you because you are human being)
Tapi kalau kau sewenang-wenang kepada manusia (But, if you act arbritrarily to people)
Aku akan menentangmu karena aku manusia (I will react because I am human being)

Aku menyayangimu karena kamu manusia (I love you because you are human being)
Tapi kalau kau memerangi manusia (But when you fight against human)

Aku akan mengutukmu karena aku manusia (I will condemn you because i am human being)

Aku menyayangimu karena kamu manusia (I love you because you are human being)
Tapi kalau kau menghancurkan kemanusiaan (But, when you demolish humanity)
Aku akan melawanmu karena aku manusia (I will fights against you because I am human being)

Aku akan tetap menyayangimu, Karena kau tetap manusia, Karena aku manusia
 (I will always love you, because you reminds as human being, because i am also human being)

*** 
Dedicated to all my sisters and brothers who believe to Islam, peaceful way and condemn any kind of violence against humanity. Love your non Muslim neighbor, friends, family because they are human being as yours.