[copas dosen] Manakah yang lebih tidak beradab; hukum cambuk atau perselingkuhan?

Bermula ketika saya ikut-ikutan mem-vote pertanyaan seperti judul di atas, saya mendapat tag dari dosen saya mengenai artikel menarik yang berkaitan dengan salam satu media cetak terkemuka di Indonesia.

Berhubung saya ndak sempat nerjemahin, minta bantuan Tante Google aja yee... Berikut copasannya:

-----------------------------------------------------

This thing about misconceptions of Islamic values (an article review)

Another misconception of Islam is found after reading this article, entitled Brutal Justice in Indonesia:

 

 A woman flinches as she is about to be repeatedly caned for having an extramarital affair. Irdayanti Mukhtar, 34, received nine lashes by Sharia Police for having a relationship with another man, even though she is said to be in the process of divorcing her husband.

The harsh punishment was meted out in front of a crowd of 200 people outside the Al Munawwarah Mosque in Jantho, Indonesia. The jeering crowd recorded the brutal beating on their mobile phones and camcorders and shouted for more beatings in the strict Muslim city.

Mukhtar had been sentenced to the punishment the previous day by a Sharia court where prosecutors said that she was guilty of being in 'close proximity' to another man. Under Sharia law the offence carries a maximum beating of nine strokes with a cane or a minimum of three.

Neighbours had seen Mukhtar with the man and had barged in on her while the couple were in her bedroom, although it is unclear what they were actually doing. The mob then dragged them to the local police station to be charged.

It is believed Sharia Police are also investigating a claim that Mukhtar was molested by the crowd before they took her to be charged.

Shortly after the caning on Friday Mukhtar passed out and had to be taken to hospital for treatment. She was one of four people, including the man she was caught with, to be caned for extramarital affairs.

 

taken from: Hitipew, J. 2011.  Brutal Justice in Indonesia.  retrieved from http://english.kompas.com/read/2011/04/10/05260065/Brutal.Justice.in.Indonesia

 

 

There are at least three major flaws regarding this article. 

1.  The confusion of defining extramarital affair.  According to Islamic values, when a couple undergoes a process of divorce, they both are still considered as husband and wife.  The aim of a divorce court in Islam is to try to reunite the conflicting couples thus giving them time (process) to reconcile.  So when they are in the process it is considered as adultery unless they are OFFICIALLY divorced.

 

2.  The twist of logic.  The core problem here is not about the caning (or whipping) of the woman.  The core problem is actually the ADULTERY that the woman commit while she is still in the process of getting a divorce.  NOT the caning (whipping) the woman is getting which was exposed in the article.  There would not be a whipping if there was no adultery, correct???? If the whipping is considered brutal, then what about the ADULTERY? Does it imply that the ADULTERY is less brutal than the whipping?

 

Now, I ask each and everyone of you who reads this note: how do you feel when you are a victim of adultery? how do you feel if you have been cheated by somebody? Just because we cannot see the brutality of adultery with our naked eyes (compared to whipping which results in passing out, bleeding, even dying), it doesn't mean that adultery is not brutal.  Another question: would you rather experience adultery or would you rather experience a whipping? (don't answer with: 'neither' because although that's a brilliant answer, it doesn't describe the brutality of adultery).  In an Indonesian anecdote: daripada sakit hati lebih baik sakit gigi iniiiii (nyanyi mode: ON).... padahal loro untu perih e minta ampyuuuun.... Seriously, I've myself witnessed an adultery which can actually kill the victim (the partner) slowly because the partner was deeply hurt and most of all, embarrased being cheated on.  What about the children? well, adultery won't 'literally' kill them, I guess, hehehe...

 

Another question: what are the impacts on adultery crimes and what are the impacts on whipping or caning?  Committing adultery, especially when you have children, has a very big negative impact to the victims such as the partner and children, while caning harms solely the suspect (this time i answer my question myself, hehehe).

 

3.  the definition of JUSTICE, one of the words in the title.  What does JUSTICE mean?  Here's one definition of justice:

 

Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics (Konow, 2003).

Konow, James. 2003. "Which Is the Fairest One of All? A Positive Analysis of Justice Theories." Journal of Economic Literature 41, no. 4: page 1188

 

An ethics of marriage is breeched by adultery which was justified by caning the suspect.  We discussed about the brutality between adultery and whipping, earlier.  So, what does "BRUTAL JUSTICE" written on the title mean? By the way, it is concentrating on the whipping of the woman, without analyzing the whole picture of cause and effect case.

 

Sometimes these misconceptions of Islamic values occur. Well, reaching the end of my note, I am so speechless as to write the conclusion to this note. Anybody can help me?

_________________________________

taken from: http://www.facebook.com/notes/wipsar-siwi-dona-ikasari/this-thing-about-misconceptions-of-islamic-values-an-article-review/10150148343882909

_________________________________

Saya hanya men-share apa2 yang sudah diutarakan dosen saya. Saya sudah menyarankan beliau agar mengirimkannya ke media yg bersangkutan sebagai tanggapan pembaca. Beberapa saat kemudian saya memperoleh jawaban sebagai berikut:

"just sekedar curhat. saya sign in ke media yang memuat artikel yang saya review tersebut dan saya juga membuat komentar disana, and guess what???? komentar saya dihapus, hehehe..."

"ada yang bisa membantu saya? saya benar benar heran mengapa komentar saya dihapus, hwiks.... saya komentar 3 kali, yang 2 muncul tapi sesaat kemudian langsung dihapus."

Saya pikir agak aneh juga mengapa sebuah media yang cukup besar begitu menghapus tanggapan pembaca? Saya kira kan tak ada salahnya toh hanya sekedar pendapat (walau dalam hal ini saya lebih suka menyebutnya sebagai pemberitahuan kebenaran)...

Jadi saya minta izin beliau untuk bisa ikut share di sini, paling tidak pembaca bisa memperoleh informasi dari dua sudut berbeda, ya kan?