Suchergebnisse

This article reveals new thinking about the meaning of shari'a (roughly translated as Islamic law) in the everyday lives of Muslims. Proposals to ban shari'a, adopted across the United States and overseas, beg the question, "what is shari'a?" Varied individual Mulsim responses to that question appear in this article. Research is based on two years of fieldwork and more than 100 semi-structured interviews conducted by a University of California-based research team. Themes of daily guidance, family, social justice, equality and inequality, Islamic living, excessively legalistic codes, and more emerge from the narratives of identity and of learning religious values and unlearning media-driven stereotypes.

The transformation of Sharia into a legal code in different Muslim countries is not an easy process. Let alone in Indonesia, this transformation has included dialogues, conflicts and tensions between multiple groups. In the last two decades, along with the growing up of democratic life, this tension has given rise to the emergence of so-called 'progressive' and 'conservative' movements. Debates among them continue to rage even more intensely. On the other hand, as this article has argued, the development of Islamic family law in Indonesia has demonstrated the increase in the use of modern approaches to Islamic jurisprudence. Nevertheless, the State authority seems to have a decisive power to intervene the content and to determine the result of the debate. Accordingly, I would like to value all these political and legal processes as an inseparable part of the larger process of a public sphere in the Indonesian reformasi era.

This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. Since the end of Soeharto's New Order government in 1998, Indonesia, the largest Muslim country in the world, has amended the 1945 Constitution four times. Soeharto's departure also opened the way for several Muslim groups and political parties to propose the introduction of shari'a into the Constitution. This book poses the crucial question implicit in the amendments to the 1945 Constitution

After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have shari'a (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of shari'a nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of shari'a from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.

This book focuses on constitutional reform in Indonesia (1999–2002) from the perspective of shari'a. Since the end of Soeharto's New Order government in 1998, Indonesia, the largest Muslim country in the world, has amended the 1945 Constitution four times. Soeharto's departure also opened the way for several Muslim groups and political parties to propose the introduction of shari'a into the Constitution. This book poses the crucial question implicit in the amendments to the 1945 Constitution: can shari'a and democratic constitutionalism be fused without compromising on human rights, the rule of law, and religious liberty? The contributions of Islamic political parties in Indonesia to the process and the outcome of the amendments, by adopting a substantive shari'a approach, reflect the ability to deal with a modern Constitution without abandoning the principles and the objectives of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success

Shari'a and politics in modern Indonesia -- Contents -- Acknowledgements -- Contributors -- Glossary -- 1. Introduction: the state and Shari'a in the perspective of Indonesian legal politics by Arskal Salim and Azyumardi Azra -- 2. Law and politics in post-independence Indonesia: a case study of religious and Adat courts by Ratno Llukito -- 3. The state and Shari'a in Indonesia by M. B. Hooker -- 4. The state's legal policy and the development of Islamic law in Indonesia's new order by Nur Ahmad Fadhil Lubis -- 5. The Indonesian marriage law of 1974: an institutionalization of the Shari'a for social changes by Azyumardi Azra -- 6. Indonesia's 1989 religious judicature act: islamization of Indonesia or indonesianization of Islam? by Mark Cammack -- 7. The political backdrop of the enactment of the compilation of Islamic laws in Indonesia by Ahmad imam Mawardi -- 8. Islamizing capitalism: on the founding of Indonesia's first Islamic bank by Robert W. Hefner -- 9. Fatwa and politics in Indonesia by Nadirsyah Hosen -- 10. Zakat administration in politics of Indonesian new order by Arskal Salim -- 11. Islamic values, law and expectations in contemporary Indonesia by Howard Federspiel -- 12. Epilogue: Shari'a in Indonesia's current transition: an update by Arskal Salim -- Appendices -- Appendix I: The law of the republic of Indonesia number 1 of the year 1974 on marriage -- Appendix II: The law of the republic of Indonesia number 7 of the year 1989 on the religious judicature -- Appendix III: The presidential instruction of the republic of Indonesia number 1 of the year 1991 on the compilation of Islamic laws -- Appendix IV: Government regulation no. 28 of the year 1977 on waqf of lands with the right of ownership -- Bibliography -- Index.