Book: Shari’a and Politics in Modern Indonesia

This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.

After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (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 sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.

The political atmosphere in the post-New Order era is evidently marked with the euphoria of democracy or political liberalization. One of its manifestations, as William R. Liddle ever predicted, is that in a more open political climate the expression of more formalistic Islam (the scripturalists) would appear, since “they would have many more political resources, in mass acceptance of their ideas, organization, allies, media, and access to politicians”.

There are at least four features of such appearance in the current scene. First is the establishment of numerous Islamic political parties that mostly adopt Islam as their basis replacing Pancasila, which the Soeharto regime forcefully implemented to be the sole basis of any organization. Two parties, the United Development Party (PPP) and the Crescent Star Party (PBB), insist that Article 29 of the 1945 Constitution be amended to reinsert the famous “seven words” (dengan kewajiban melaksanakan syariat Islam bagi pemelukmja [with the obligation to carry out shari’a for its adherents]). With these words, it will officially provide shari’a with the constitutional status within the Indonesian national legal system. This proposal to reintroduce the clause, which will require Indonesian Muslims to apply shari’a, has been unsuccessful in three consecutive annual sessions of the Majelis Permusyawaratan Rakyat (MPR) in 2000, 2001, and 2002. In the 2002 annual session, the MPR has decided not to amend Article 29 of the 1945 Constitution. However, Islamic parties continue to advocate the formal application of shari’a.

Table of Contents:

1. Introduction: The State and Sharia in the Perspective of Indonesian Legal Politics, by Arskal Salim, Azyumardi Azra
2. Law and Politics in Post-Independence Indonesia: A Case Study of Religious and Adat Courts, by Ratno Lukito
3. The State and Sharia in Indonesia, by M Barry Hooker
4. The States Legal Policy and the Development of Islamic Law in Indonesians New Order, by Nur Ahmad Fadhil Lubis
5. The Indonesian Marriage Law: An Institutionalization of the Sharia for Social Changes, by Azyumardi Azra
6. Indonesians 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 Indonesians First Islamic Bank, by Robert W Hefner
9. Fatwa and Politics in Indonesia, by Nadirsyah Hosen
10. Zakat Administration in Politics of the New Order, by Arskal Salim
11. Islamic Values, Law and Expectations in Contemporary Indonesia, by Howard M Federspiel
12. Epilogue: Sharia in Indonesians Current Transition An Update, by Arskal Salim

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

Bibliographic Information

Title: Shari’a and Politics in Modern Indonesia

Editors: Arskal Salim, Azyumardi Azra

Publisher: Institute of Southeast Asian Studies

Language: English

Length: 363 pages

ISBN: 978-981-230-188-8

Pub. Date: November 30, 2010