Indonesian student challenges law on Eid determination at Constitutional Court

A law student at Muhammadiyah University of Yogyakarta is challenging a regulation that determines the start of Shawwal, the Islamic month that marks the end of Ramadan and the beginning of Eid al-Fitr. Ahmad Fathu Shabri filed a judicial review at the Constitutional Court against Article 52A of Law Number 3 of 2006 concerning Religious Courts.

Shabri argues that the law creates legal uncertainty by having the government only determine the start of Shawwal through a sidang isbat, or determination meeting, held the day before Eid. He also contends that the article implicitly legitimizes only the moon-sighting method (rukyat) for determining the start of the Islamic lunar calendar, effectively marginalizing the calculation method (hisab) used by many Muslims.

"This law also structurally labels our method (hisab) as invalid and unofficial in the eyes of the state," Shabri stated during a preliminary hearing. He believes this provision contradicts Article 29(2) and Article 28E(1) of the 1945 Constitution, which guarantee freedom of religion and belief.

Shabri claims he has suffered direct constitutional harm. As a follower of the hisab method, which often determines the start of Shawwal earlier than the government, he faces obstacles in his religious and social life. He has difficulty organizing Eid prayers earlier because local authorities and communities typically await the government's official determination before providing facilities. Shabri also argues that the phrase "kesaksian" (testimony) in Article 52A excludes judicial recognition of astronomical calculations, violating Article 28I(2) of the Constitution by making the sidang isbat the sole basis for national holidays.