HAM-Syariah: Jembatan Terbayang

Mendialogkan HAM Syariah: Pembelajaran HAM di Kampus Islam

ISBN 978-602-97734-7-7
Penulis: M. Latif Fauzi, Imam Samroni, Yusdani, Muntoha, Edi Safitri
Yogyakarta, 2011

Penerbit:
Pusat Studi Islam Universitas Islam Indonesia

Percetakan:
Kaukaba Dipantara

Cetakan Pertama: Mei 2011

Summary

This research examines Islamic higher institutions’ policies on human rights and syariah learning. The research is carried out based on FGD’s recommendations (on October 24th, 2009) and Human Rights Training for Lecturers (on April 15th-17th, 2010).

The research evaluates the feasibility of human rights and syariah learning as an independent subject in Islamic Higher Institutions (PTAIs). It refers to aspects of acceptability, accountability and sustainability. The acceptability aspect results from a series of study that involves five PTAIs. The feasibility, the accountability, the input quality, the process and the output are warranted by the selection of the study method and made accountable through the elaboration of the design, the materials and the method of human rights and syariah learning. The results of the study would guarantee the sustainability of the implementation of the programme output, which is human rights and syariah learning as an independent subject in PTAIs.

The five PTAIs consist of (1) Ahmad Dahlan University, the Faculty of Islamic Studies (FAI UAD), (2) Cokroaminoto University Yogyakarta, the Department of Syariah of the Faculty of Islamic Studies (FAI UCY), (3) Indonesian Islamic University, the Department of Islamic Law of the Faculty of Islamic Studies (FIAI UII), (4) Sunan Kalijaga State Islamic University (UIN Sunan Kalijaga), the Faculty of Syariah and Law, and (5) Muhammadiyah University Yogyakarta, the Faculty of Islamic Studies (FAI UMY).

Three methods used in collecting the aforementioned data can be explained as the following:
1.    Investigation of documents on the design and the management of the learning of Study of Islam, Pancasila, and Civic Education in the Islamic higher institutions.

2.    Interview to understand how the PTAI stakeholders understand and have attitude towards human rights and syariah learning as a subject in the PTAIs. The stakeholders consist of: (a) deans/heads of study programmes, (b) lecturers, and (c) students.
For the resource peoples of the groups (a) and (b), the interviews are aimed at exploring the information on to what extent the relationship between human rights and syariah is considered to be the most important issue at policy, curriculum, learning source and media levels.
For the resource peoples of the group (c), the interviews are aimed at finding out students’ opinion on the relationship between human rights and syariah as well as human rights discourse in subjects they are studying.

3.    FGD (Focused Group Discussion) is aimed at exploring and further understanding the data obtained from the interviews. The FGD is very important in avoiding researchers’ misinterpretation while analyzing the existence of human rights and syariah learning in the PTAIs.
The research focuses on three following areas in order to map opinions of the PTAIs’ stakeholders on the relationship between human rights and syariah, including opinion on the Universal Declaration of Human Rights, the compatibility of human rights with Islam, and human rights issues which are considered to be in contradiction to Islam.

Documents and policies analysis are undertaken to examine the existing curricula of the PTAIs, while SWOT (strengths, weaknesses, opportunities, and threats) analysis is made to find out the possibility of implementing human rights and syariah as an independent subject in the PTAIs. The SWOT analysis is relied upon (1) the data and the information resulting from the documents investigation and analysis and (2) the result of the interviews with the stakeholders and the resulting minutes of the FGD.

The SWOT analysis is made to examine the internal strengths and weaknesses and the external opportunities and threats. The understanding of the stakeholders of the external factors (i.e., the threats and the opportunities) combined with that of the internal factors (i.e., the strengths and the weaknesses), would help establishing the feasibility of human rights and the syariah learning in the PTAIs. It is expected that the external and internal examinations could serve as a decision-making basis for the stakeholders to formulate strategic planning of human rights and syariah learning.

The research finds the following conclusions:
1.    The five PTAIs understand and accept the urgency of human rights and Syariah learning.

2.    The five PTAIs understand and accept the concept of human rights as that in the Universal Declaration of Human Rights, except certain articles; the article 16 on freedom to marry and the article 18 on freedom of religion and belief. In the case of Sunan Kalijaga State Islamic University, the articles are regarded in terms of dynamics of thought rather than as a kind of black-or-white one.

3.    Though all the PTAIs use human rights as a perspective in some subjects, the perspective is still at philosophical level and partial in nature. Meaning that it has not dealt with the instrumentation of the human rights. In other words, it has not referred to the formulation of the human rights as contained in the Universal Declaration of Human Rights.

4.    The internal strengths and weaknesses and the external opportunities and environmental threats of human rights and syariah learning in the five PTAIs demonstrates problems for each of the five PTAIs.
a.    Ahmad Dahlan University: an excessively long and winding bureaucratic mechanism at the decision-making of curriculum.
b.    Cokroaminoto University Yogyakarta: The presence of strong discourses among lecturers on the importance of human rights and syariah learning and the opportunities for reformulating the existing curriculum by including human rights and syariah as an independent subject at the university level. The stakeholders at both faculty and study programme levels are highly supportive. Thus, there is a very good opportunity for the implementation of human rights and syariah curriculum in the form of an independent subject.
c.       Indonesian Islamic University: It has already had a subject “Islamic law and human rights” (2 credit points).
d.    Sunan Kalijaga State Islamic University: It has published a scholarly work entitled “The Integration of Human Rights in the Curriculum of the Faculty of Syariah.”
e.       Muhammadiyah University Yogyakarta: It has already had Civic Education (Pendidikan Kewarganegaraan [PKN]) that upheld human rights. The subject is considered to be sufficient to introduce human rights to students since it contains certain chapters that specially address issues on human rights.

5.    The secondary data resulting from the documents investigation in the PTAIs that are based upon the culture of pesantren demonstrates the availability of learning sources and good understanding of existing lecturers of human rights. Relied upon the researchers’ discussion, such condition is an indicator of their acceptability and feasibility. Such PTAIs are more moderate and did not any longer concern West-East contradiction. Additionally, they have become more accustomed with dialogue in elaborating their main Islamic literatures such as yellow books (kitab kuning). The researchers assume that the implementation of the subject of human rights and syariah is acceptable.

The research recommends the followings:
1.    Pragmatic steps are highly required to implement “human rights and syariah” as an independent subject in the PTAIs as the ultimate goal of the programme. The pragmatic steps include planning, implementing, monitoring and evaluating and also accountability of each of the steps in an observable and measurable form.

2.    Institutional empowerment of the PTAIs is highly required in preparing the implementation of “human rights and syariah” learning as an independent subject with a number of programme services and activities. Based on the results of the study, it is recommended that the training on human rights and syariah for lecturers of the subject is a primary priority.

3.    It is necessary to publish books and other learning materials on human rights and syariah. In addition, another learning source, directory of human rights and syariah, is also important.

4.    It is necessary to facilitate the establishment of a network for lecturers of the subject “human rights and syariah” in the PTAIs by first coordinating with Kopertis Wilayah III Yogyakarta (the Local Coordinator III of PTAIs). The establishment of the network is aimed at providing them with a means of information for sharing on management, method and technology and evaluation of the learning performance of human rights and syariah.

5.    Based on the results of the study and the secondary data, the Faculty of Islamic Studies at Cokroaminoto University Yogyakarta (FAI UCY) and PTAIs that are based on the pesantren culture are feasible to be involved in the follow-up programme, pilot project. This can be explained as the followings:
a.    The acceptability level of the two is relatively higher than that of others. The acceptability aspect is considered to be the primary one because the success in the implementation of the independent subject “human rights and syariah” depends on the acceptability of all of the members of academic society, including the lecturers and the students who explicitly support its implementation.
b.    The collaborative element of the two is mutual in nature. The Cokroaminoto University Yogyakarta (UCY) represents the PTAI that affiliates with Syarikat Islam, an Islamic mass organization, while PTAIs that are based on the pesantren culture represents the tradition of Nahdlatul Ulama’. By this way, it is expected that the implementation model of the subject “human rights and syariah” would result from such collaboration.
c.          “Human rights and syariah” represents a relatively new subject that has not been feasible to implement at national level. Therefore, it is necessary to generally prove the positive impact of its implementation at the PTAIs. Additionally, the national implementation of the subject requires the fulfillment of some prerequisite criteria. Pilot project model is a rational decision to optimize learning results.
Intensive dialogue, good commitment and transparency among the existing stakeholders are highly required in appreciating “Human Rights and Syariah” as an independent subject in the Islamic higher schools as well as an ultimate goal of the programme.

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