Rohingya Issue; How its neighbouring

Countries see this

International Relations in Islamic Perspective
Lecturer: Siti Muslikhati, S.IP., M.Si.

Member of Group:
- 20120510081

Areza Pradana W

- 20120510278

Tiesya Novia Nur Perdana

- 20120510395

Nyssa Nastasia

- 20120510425

Muhammad Rilo Mildi Pambudi

- 20120510473

Meylan Novan Kurnianto

1.

A. Background
Rohingya or Rohingya people are muslim people who live in Rakhine (Arakan)
province in northern Burma (Myanmar), Rohingya people speak Rohingya and have different
skin color with indigeneous majority people in Burma (Myanmar). According to some
scholar, Rohingya has been living in the northern Burma (Myanmar) since hundred years ago.
Despite the fact stated that Rohingya has been existed in Arkan province in the northern
Burma (Myanmar), some argues that they are just a group of migrant from Bangladesh who
came to Burma (Myanmar) during British colonialism.1
Yet the colonialism was over in Burma (Myanmar), but Rohingya people still live under
colonialism. The colonialism that Rohingya faced is colonialism in their own land, which
conducted by its government. The discrimination that Rohingya received was not the first
time in their existence since lived in Arkan province, but it is such a regular practice that their
government do tho them in order to annihilate them as one of indigeneous people of Burma
(Myanmar).2 That action is classified as a human rights violation, and human right violation
is forbidden in any religion in this world and must come to an end.
As they keep receive human rights violation from their government, this paper is aim to
discuss about Rohingya people as a tool of the discussion in which the analysis would go
beyond the case itself. Level of analysis on this paper would be based on the state level of
analysis, in which the state that being analysed are between Bangladesh and Burma
(Myanmar). Then, perspective that being used on this paper is the perspective of the third
party which seen this problem, and that third parties are Malaysia and Indonesia. Moreover,
role of UN and ASEAN would also being analysed. All analysis on this paper would be
conducted by using Islamic perspective, especially in term of foreign policy.
Rohingya people are muslim, in Islamic perspective, every muslims in this world are
brother and sister, in which there is such an obligation for every single muslims in this world
to take caring each other since it has becoming an order from Allah. In this case, Malaysia
and Indonesia are the states who have muslim as it majority, then they both are located in
Southeast Asia together with Burma (Mynamar), it would be interesting to see the case based
on these two states. So in this case, as two stake holders in ASEAN, Indonesia and Malaysia

1 Leider, Jacques (2013). Rohingya: the name, the movement and the quest for
identity (PDF). Myanmar Egress and the Myanmar Peace Center. pp. 204255.
2 Lewa, C. (2009). North Arakan: an open prison for the Rohingya in Burma.
Forced Migration Review, 32, 11-13.

would be parties who give a suggestion to Bangladesh and Myanmar by using Islamic
perspective.
B. The Juridical Basis of the State
The case of Rohingya is mainly about a group of people who has been living in
Arakan province Burma (Myanmar) since hundred years ago, yet in their existence, they
often receive mistreatment from their own government. The discrimination that Rohingya
people receive is actually not a new thing, it has been occured several times and it climax is
when there was a slaughter towards Rohingya people and forced them to seek new shelter
until they need to across the border of Arakan. Many Rohingya fled from Burma (Myanmar)
in order to get a betterment, most of them were fled to several countries in ASEAN, such as
Thailand (Shouthern part), Malaysia, and Indonesia. then, rest of them fled back to the land
of their ancestor in Bangladesh.
Thus, Rohingya people beceme a problem between Bangladesh and Myanmar. Both
are unwilling to admit them as part of their citizen, they came up with several arguments in
order to justify their action in banning Rohingya people to live within their territory.3 Thus,
this paper would like to analyse about the position of state, because the idea of the state is to
protect people. In the era of Prophet Muhammad a state is actually obligated to protects and
serves its citizen no matter what, nevertheless, in the era of Prophet Muhammad the form of a
state was not as firm as today, where today the idea of sovereignty is even louder than sense
of humanity. In the Islamic conception the world was at first created to be inhabited not by
one, but by a variety of peoples.
The term of state was established in Abbasid period, it was at first applied to the new regimes
that opposed the regime of Umayyads. Here, the concepts of authority and government were
necessarily implied. As the Abbasid regime became permanently established, the emphasis
was gradually changed from revolution to organized authority.4 The world before Muhammad
was not conceived of as a unified but as a composite community (apluralistic world), each
people to conform to their own covenant and submit to their own Prophet. Here, on the era of
prophecy, the highest authority is on Allah, but then, because of the number of Islam
embracer at that time was not as many as today, the authority of the non-muslim people is
their own God.
3 Ullah, A. A. (2011). Rohingya Refugees to Bangladesh: Historical Exclusions and
Contemporary Marginalization. Journal of Immigrant & Refugee Studies, 9(2),
139-161.
4 Khadduri, M.(2010).War and Peace in the Law of Islam. The Lawbook Exchange,
Ltd..

The state system at time was focus on how unified people and asked them to embrace Islam
to receive bless from Allah, now then, the condition has shifted into drastic condition where
the state become the highest of authority as well as God. The idea of state has shifted since
the era of renaissance, where the pope and church took control everything, put themselves as
the highest authority so then people must obey whatever the pope or the chuch said. As it
menationed that renaissance has huge influence on the idea of the state in nowadays, where
the influenced mostly came from Aristotle and Tomas Hobbes.5
According to the idea of Islamic state, there are two possibility to analyse how a state was
formed. Fisrt, state could be formed based on a single-contrac theory, this theory stated that
the people gather together to form a society, which later it could as a state. According to alFarabi and Hobbes, the isolated individuals agreed on a universal contract of sub-mission to a
ruler who is vested at once with exclusive power. Then second, state could be possibly
formed based on double or two-contract theory, this theory assumes that once a society is
formed by one contract, a king is enthroned by another contract to rule in accordance with
certain conditions and limitations on his authority.6
Thus,the case of Rohingya would be solved if this issue is going back to Burmas side
(Mynamar), why? Because Rohingya people is actually part of Burmas citizen (Myanmar) in
which they have same rights and obligation like other ethnics in Burma (Myanmar). then,
Rohingya people is clearly under the Burmas (Mynmar) juridiction, in which the government
of Burma (Myanmar) have to be able to pull its ego in deal with Rohingya people. The fact,
world is diverse, and no can even deny it, the pluralistic is must be welcome by acceptance,
not rejection or demolition. Burmas (Myanmar) government needs to realize that the state
was formed because of the common agreement among its citizen, where here Rohingya
people were involved, so it has been Burmas (Myanmar) government to taking care of them
and give them rights as a citizen. Moreover, Myanmar should stop forcing Bangladesh to
accept Rohingya people as part of Bangladesh, Bnagladesh has their own sovereignty, and
Rohingya people are not under Bangladesh juridiction.
C. Muslim in Darul Kufr Territory (Case : Rohingya Ethnic in
Myanmar)
5 Otto von Gierke. (1934). Calls the Single-Contract Gesellschaftsvertrag (pacte
dassociation); Natural Law and The Theory of Society. Cambridge. Vol, 1, pp.48,
1078.
6 Khadduri, M. (1956). Islam and the modern law of nations. American Journal of
International Law, 358-372.

The condition of muslim in non-muslim teritorry ( Darul Kufr ) which

like happened on Rohingya actually it also happened the Prophet
Muhammads period when muslim people was under Qurayshs pressured
in Mecca. Quraysh people acknowledge that Mecca was their teritorry at
the time so that they insulted the muslim people. Then the Prophet
Muhammad SAW asked the muslim to move to Habsys teritorry
(nowadays Habsys teritorry is part of Ethiopias state). This condition
today is not different withwhat happen with the Rohingya people in
Myanmar. Myanmars population
Buddhist.

consist of 90 percent Theravada

The minority populations by government prohibit to build

building even they are pressured to convert to the majority faith. Actually
Myanmars constitution provides for limited religious freedom, but
government actively restrict it .Rohingya is Muslim people and they are
also the minority populations in Myanmar. At least 240 Rohingya people
were killed in 2013 when there was clash with the Buddhist mobs.7
If we see this condition in Islamic perspective in how the way they
treat non-muslims people in their territory actually what non-muslim do to
muslims in their teritorry is very different what in Islam perspective. In
Islam perspective, Islam taught us to regards the humanity values.
Including in International Relations, Islam see International Relations as
the human relations. This like what has written in QS Al Hujarat : 13 :
O mankind, We created you from a male and a female and made you a
nation - peoples and tribes, so that you can know each other. Verily the
noblest among you in Allah's sight is the most pious among you. Surely
Allah is Knower, Knowing.
And also in QS Annisa : 1
O mankind, fear to your God, who has created you from a self, and from
him, Allah created his wife, and from both, Allah breed men and women.

http://asepbelief.blogspot.com/2013/05/hijrah-ke-habsyi.html

And fear Allah, with the (use) his name, you ask each other mutually, and
(guard) silaturrahim relationship. Verily, Allah always watches over you.
That is why Islam actually taught us to be kind to other people, even nonmuslim people. Actually when there are non-muslims in muslim teritorry,
Islam divided them into 3 kind of non-muslim (dimmy):
1 . Non- Muslim Dzimmy, is non-muslim who pay the jizya (tribute)
collected each year in return they are permitted to live in the land of
the Muslims. This non-muslims should not be killed while they are
still

obey

2. Non-Muslim

the

rules

imposed

on

them.

Mu'ahad, is non-muslim who was an agreement

between them and the Muslims for not fighting within the agreed
time. This kind of non-muslim also should not be killed as long as
they

carry

out

the

agreement

that

has

been

made.

3. Non-Muslim musta'man, is non-muslim who received security

guarantees from the Muslims or the majority of the Muslims. This
non-muslim should not be killed and should be protected
4. Non-Muslim Harby, is non-muslim who against and restrict
Islam/muslim. Muslim can fight or start war with them.
By knowing the division of the non-muslim in muslim teritorry
above, we know that actually Islam taught us to treat good all human
even they have different realigous with us as long as they regards us, we
will also regard them. We also should treat them like we do to other race,
there is no discrimination Islam. This very different with what happend in
Myanmar who minority muslims, Rohingya in there are not treated like
human being by the government.
Not all of the non-muslim state treat muslim like what happen with
Rohingya people in Myanmar. Because as we knew even in the Prophet
Muhammad SAWs period there was still non-muslim kingdom which treat
the muslim wisely and treat them without any discrimination.

D. Malaysia and Indonesia as the third party in this case

Malaysia can be considered as Darul Islam because as Abu zahra says :
A country ruled by the power of the Muslims. Strength and defense in the hands of
the Muslims (Abu Zahra)
Article 3 of the Constitution of Malaysia states that Islam is the religion of the
federation, and that only Islam can be preached to Muslims. This means that power is in the
hands of the Muslims as the current Prime Minister of Malaysia, Dato' Sri Haji Mohammad
Najib bin Tun Haji Abdul Razak is a Muslim.
Region whose inhabitants are free to implement Islamic law (Khadduri)
Malaysia has developed both a general civil code, which is applied universally, and
Islamic law, which is applied only to Muslims in personal and family matters. Islamic law are
freely applied in some states of Malaysia such as in the Northern region of Malaysia
(Kelantan, Terangganu, Kedah, and Perlis).
Indonesia is an archipelagic country with the largest number of Islam followers in the
World. Out of 237.641.326 of the total population in Indonesia in the year 2010, 207.176.162
of the inhabitants are predominantly Muslims. The Muslim dominance in Indonesia is also
reflected in the composition of the members of the House of representatives in the Republic
of Indonesia (DPR RI). This makes Indonesia Darul Islam according to Abu Zahra. Indonesia
is ruled by Muslim majority and the Population is also Muslim majority.
E. Response of Indonesian Public Sphere towards this Case
Bringing the fact that Indonesia is a country with the biggest Muslim population in the
world, it is only natural that most of the population of Indonesia feel sympathatic towards
the Ethnic Rohingya who are also Muslims. A sense of sympathy for fellow Muslims are
then articulated by implementing various demonstrations and actions of solidarity action in
almost all provinces in Indonesia with the demands of a nearly same goals, and that is to
pressure the Government to take immediate and effective measures to resolve the conflict and
to protect the ethnic Muslim Rohingya.
Hizb ut-Tahrir Indonesia, one of the Islamic organization with the largest number of
people, besides organizing rallies in several parts of Indonesia, they also, publish 4 points

that demand the Government of Indonesia to take action. 8 Meanwhile, Said Aqeel Siroj as
the Chairman Nahdlatul Ulama (another big islamic Organization in indonesia, urge the
Government to give support to the Muslim Rohingya in Myanmar and immediately cast a
letter of protest to the Government of Myanmar regarding the conflict. Indonesia Ulama
Council (MUI) regard the president of Myanmar remarks on Myanmar regarding the Ethnic
Rohingya citizenship status as not proper, and urged the Government of Indonesia to take
strategic steps to stop the violation against the Muslim Rohingya.
F. Response of Indonesian Government towards this Case
Due to the pressure given by the public sphere of the Indonesian cirizen to the Government
of Indonesia to take a firm stance regarding the conflict involving Ethnic Rohingya citizen in
the Rakhine State of Myanmar. These pressure eventually lead to a decision. The speeches
made through several major national media by President Susilo Bambang Yudhoyono (SBY)
can be considered as the official answer made by the Government of Indonesia.
One day before the speech, the President SBY has also sent a letter written directly to
the President of Myanmar,Thein Sein. In the letter to the Government of Myanmar, SBY
expresses Indonesias hope to end this problem in the best way possible. The Government of
Indonesia also gave further assistance in which it is known as the capacity building, including
sharing and exchanging views as well as training for the civil society in Myanmar, which
includes; Human Rights National Commission (KOMNAS HAM), Commission of general
election (KPU), Presidential Advisers and NGO in Myanmar in the continuation process of
political transformation in the framework of democratization and reconciliation.
Indonesia also raised the discourse concerning the ethnic rohingya through the
multilateral framework. This can be seen in the efforts of Marty Natalegawa (former Minister
of Foreign Affairs) which encourages OIC to set the agenda and concrete steps to resolve the
problem in General, and take constructive actions to the Ethnic Rohingya in particular during
the meeting of the 4th Extraordinary Summit OIC in Mecca in August 2012. In this context,
related to the agreement generated in bilateral diplomacy between the Foreign Ministry of
Myanmar and the Foreign Ministry of Indonesia, OIC is requested to review the condition of
the Ethnic Rohingya directly. Marty Natalegawa asked the OIC to make a visit to Myanmar,

8 Statement of Hizb ut-Tahrir Indonesia: Rally to Express Solidarity for Rohingya

Muslims, 10 Oktober 2012

particularly in the Rakhine State in order to understand the actual situation, and in particular
the needs of humanitarian assistance needed by Ethnic Muslim Rohingya.
G. Response of Malaysia towards this case
The former Prime Minister of Malaysia Mahathir Mohamad asked the leader of his
country to help Myanmar's leaders to create harmony in the Arakan Rohingya, shelter, and
accept

the existence

of the minorities. "I

think

the leaders

of Malaysia

have

to

speak personally with their Myanmar counterparts and I'm sure it will change their stance and
accept the default (human rights) practiced in other countries," said Mahathir. Mahathir has
written a letter to Myanmar's democracy icon Aung San Suu Kyi to ask her to intervene in the
matter. The Malaysian Government deserves commendation for its decision to accept 40
asylum seekers who were rescued at sea, the Refugee Council of Australia (RCOA) said .
RCOA CEO Paul Power said Malaysias intervention was in stark contrast to the meanspirited behaviour of Singapore which last week refused entry to the Vietnamese-registered
cargo ship that had rescued the asylum seekers, believed to be Rohingya people fleeing
persecution in Burmas Rakhine state. In light of the difficulties faced by many people
seeking refuge in the Asia-Pacific region, we are encouraged by Malaysias actions, Mr
Power said. UNHCR has described the Malaysian decision to allow the asylum seekers to
disembark as a vital and a genuine humanitarian gesture and we agree. A step such as
this by Malaysia is exactly what is required to shift the political focus in the region, from a
focus on criminalising the movement of people who are fleeing in fear to one in which
protection is provided to people who clearly need it. 9
H. Conclusion
This rohingya case, give you an example how state should understand and protect your own
people. However, Myanmar goes astray by let the other people killed the other ethnic because
they have different belief. Islam already taught us how state should respect the right of their
people and freedom that they should have. This rascist case already happened long time ago
in the era of our prophet, where muslim always get that pressure from kafir. Rohingya people
itself, originally from Myanmar. But they fleet to another country to seeking a protection
from other country.
9 http://www.refugeecouncil.org.au/n/mr/121220_MalaysiaRohingya.pdf

Well, the only country that can handle or become the third party to solve this case only darul
islam. Which is, where the country basically strong in islamic law and have a lot of muslim
people inside of it. Malaysia and Indonesia as Darul Islam in this case, where, that they have
already been explain before, how both of this country are very strong about islam and also
have a lot of muslim as the majority in this country following in the history that they are the
prospect place to develop islam in asia.
Both country leader already try to approach to handle this chaotic situation that faced by
rohingya people. SBY already offer to thein sein to be the third party to solve and promise to
give humanitarian assistance. And, the prime minister of Malaysia also do the same thing
with indonesia and give protection for rohingya people that fleet from Myanmar.
Well, even muslim people can treat non-muslim people nicely, it doesnt mean that, they will
treat you back like that. Even muslim have their own law how to treat non-muslim people,
they explain it clearly and fair enough, but somehow, the world is cruel.
Noteworthy, based on the reality of Rohingyan phenomenon, it can be concluded that
the root of conflict was lied back on the heterogenous population of Burmese thus, created
sort of etnical issue as well as the involvement of religious spirit that worsen off the conflict.
This phenomenon, as describe what was foreseen by Samuel P. Huntington in advance, that
the world in the future will be characterized by the clash of civilization or culture war than
war of ideology as it once was. Hence this condition also refelecting and was re-occuring
what was happened during the Prophet Muhammad era, when the moslem ummah in Darul
Kufr received injusticeness, prejudice and discrimination from the society, and when
religious issue become important and crucial to determine ones survival which also basically
violating the belif and teching in Islamic perspective.
Furthermore we re-affirm, none should be more responsible than the government of
Myanmar, as if referring to the previous explanation citing confidence in the time of Prophet
Muhammad that country is the holder of the ultimate responsibility to ensure and protect the
lives and rights of its people. Therefore, most of the world community, especially as a fellow
member of the ASEAN regional body tries its best to dampen this issue of humanitarian
abuses. Indonesia and Malaysia in the instance, in responding to this issue was actively
respond and condemn such actions of Myanmar government given against the Rohingyan
people, and then urged them to undertake further action as well as the Gave further assistance
in the which it is known as the capacity building, Including sharing and exchanging views as
well as training for the civil society in Myanmar. In the end we concluded all the rejection
and misery experienced by the Rohingya people will again give turmoil in observance of

international law and humanitarian law thus gives a possibility of a crtical setting for
Myanmar in the future if not immediately resolve this internal problem.