Islam, Law and the State in Southeast Asia Volume 1 Indonesia

by Lindsey, Tim; Steiner, Kerstin

• ISBN13: 9781848850651
• ISBN10: 1848850654
• Format: Hardcover
• Copyright: 2012-11-27
• Publisher: I. B. Tauris

Summary

A thorough and detailed survey of Islam and the law in Indonesia today is long overdue. This volume offers an expert and systematic update of the interaction of Islam and positive law (substantive regulations and institutions) in contemporary Indonesia, where Islamic law has developed within a state-approved and secularising bureaucratic structure that valorized local traditions over the scriptures of Islam. Successive governments have sought to integrate Islam into the framework of a secular national ideology, albeit in contested form, with constant ideological debates over relevance and content. The result is an increasingly complex mixture of local traditions and norms and state secularism, with growing social and political pressure for an orthodoxy modeled more closely on Arab cultures. Based on extensive fieldwork, this volume gives a detailed account of current debates, legal institutions and substantive laws, explicitly asking whether a uniquely Indonesian approach to Shari'ah can be identified, as many local Muslim leaders have long argued is the case.

Author Biography

Tim Lindsey is Director of the Asian Law Centre and Co-Director of the Centre for Islamic Law and Society at the University of Melbourne.

Kerstin Steiner is Research Fellow at the Asian Law Centre, University of Melbourne.

Table of Contents

Glossary * Acknowledgements * Preface * Introduction * Syari'ah and its Discontents: Laws, Legal Institutions and the State Madhhab in Indonesia * Sources Of Islamic Regulation * Dasar Negara? Pancasila and Constitution * Kompilasi: The Compilation of Islamic Law (KHI) * Fatawa and the Ulama Council of Indonesia (MUI) * Non-Judicial Legal Institutions * The Department of Religious Affairs * Regulation of Islamic Philanthropic Institutions * Regulation of Islamic Financial Institutions * Regulation of Islamic Education * The Religious Judiciary * The National Religious Judiciary * The Aceh Syari'ah Court * Judicial Decision Making * Judicial Decision Making in the Religious Courts * Contesting Syari'ah and State Responses in Indonesia * Regional Laws: PERDA, Qanun & Codes * National Laws: Regulating Morality & Belief * Bibliography * Index