As I watch the new Netflix documentary, Crip Camp: A Disability Revolution produced by former President Barrack Obama and Michelle Obama, I realize thatthere is an urgent need for grassroot activism to support disability religious rights to pave the way towards greater equality. The movie highlights disabled summer campers who fight for the realization disability rights in 1970s, at the time when they were largely ignored by the state.
And does Indonesia need A Disability Revolution?
According to a study by Monash University, it is estimated that the disability prevalence rate in Indonesia is between 4% and 11%. There are several causes of disability, ranging from malnutrition, diseases, ageing population, natural disaster, and accident. Unfortunately, due to social stigma in the society against people with disability, the disability statistical figures may be underreported.
The Indonesian government has been actively involved in international convention by ratifying United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007 and issued the law no. 8 of 2016 on rights of persons with disabilities to comply with human rights standards. But, at the same time the law faces some stagnate situation regarding improved well-beings of people with disabilities because disability prejudices are still at the heart of this tension.
For example, disabled children are less likely to attend formal education because of lacking inclusive schools. In public places, ramps and accessible information are not easily available. Zooming into the workforce, Indonesian 2010 census reported that only 26,4% people with severe disabilities were employed in formal sectors. This resulted in high rate of self-employment among people with severe disabilities. Many people with mental disability, such as bipolar disorder, have to conceal their condition for the fear of losing jobs.
A research found that discriminations against people with disabilities in developing countries, including Indonesia, caused a loss of up to 7% of Gross Domestic Product(imagine : what if a genius with severe disability like the late Professor Stephen Hawking had never been employed at university?).
Women with disabilities even suffered more from double prejudices, by their gender and their disabilities. What makes thing more difficult for disabled citizens is that, despite of some disabilities laws and ministerial decrees, they were poorly enforced. This explains the urgency of ending this discrimination from a social-economic developmental perspective.
As the largest Muslim majority country in the world, Fiqh (Islamic jurisdiction) for person with disability remains important to safeguard equal religious rights. As a non-disabled Muslim woman, being able to perform Islamic prayer (shalat) properly help me increase my mental wellbeing during this unprecedented time.
Unfortunately, there are still some Muslims who believe that disabilities are by-products of witchcrafts (sihr) or demons (syaitan) which can be healed only by involving spirits and enchanting some quranic verses. Further, in Islamic law per se, there is no specific term which can encompass all disabilities.
“Fiqh for person with disability is very important because the society has yet to accommodate special needs for people with disabilities in performing religious rituals. For example, how does Islam regulate the wudlu(ablution) taken by a man/woman without arms? Considering that Islamic law obligates that someone must wash one’s arm up to elbow during wudlu. And will the wheelchair be considered as najis(impure) inside the mosque?” said Mr. Bahrul Fuad, a disabled person and board member of AIDRAN (Australia-Indonesia Disability Research and Advocacy Network).
Mr. Ahmad Ma’ruf, the Disability Program Team Leader of Muhammadiyah, the second largest and most influential Islamic organization in Indonesia after Nadlatul Ulama (NU), even posed critical questions:“What if persons with hearing impairment wish to get married and say ijabqabul (Islamic marriage vows), will they use sign language? Because religious court has yet to regulate the sign language issue. And who has the authority to validate the sign language as “legally correct” in Islamic marriage? What if a man with wheelchair wishes to be an imam (leader of a congregational prayer)? Is he allowed to do that, given the fact that many people still interpret explicitly the regulation that makmum (member of a congregational prayer) must follow movements of imam? What if there is no accessible ablution facility in a mosque? Should a person with disability performs tayamum (dried ablution)?”
To address this issue, NUand Muhammadiyah issued Fiqh for person with disability and raise awareness of the public concerning equality for disabled communities. NU even collaborated with the Ministry of Religious Affairs to disseminate the Fiqhto mosques nationwide.
Fiqh for person with disability will fulfil civil rights of disabled community comprehensively, ranging from ubudiyah(religious rituals),muamalah(interpersonal relation), to sahusiah(public policy). This Fiqh will also protect rights of disabled women, as the most marginalized group.
To ensure the smooth implementation of the Fiqh, the government, civil societies, disabled people organizations, religious leaders, and experts of Islamic law should collaborate for accountable monitoring and evaluation. Regular capacity buildings for judges, teachers, and village officials should also be organized.
Finally, political buy-in through Perda(regional regulation)and guidelines should be issued to strengthen government officials’ commitment to enforce the Fiqh. For example, the Special Province of Aceh under Syariah law have regularly issued qanun(regional regulations subjected to Islamic stipulations).
Historically speaking, during the Umayyad Caliph era in the 700s, the Caliph Al-Waleed ibn ‘Abdul Malik accommodated health treatment needs for his population with disabilities through the provision of health care clinics within all his jurisdictional provinces. This idea was emulated by Caliph Umar Bin Abdul Aziz who hired support services workers for people with disabilities. This initiative resulted in social and legal impacts worldwide, in which a broad array of laws on disabilities were enacted.
In making public policy for citizens with disabilities, the government of Indonesia should not paint disabilities situation with a broad brush. Rather, Fiqhfor persons with disabilities must be taken into consideration seriously. Otherwise, there will be far-reaching consequences on well-beings of people with disabilities in the long run.
This Fiqhis a beacon of hope for future generations, to leave no one behind.
As put forward by a member of Crip Camp: “If you don’t demand what you believe for yourself, you’re not gonna get it”.
