Contemporary Islamic Law In Indonesia

Addressing changes in both the national legal system of Indonesia and the regional legal structure in the province of Aceh, this study focuses on the encounter between diverse patterns of legal reasoning and the vast array of issues arising in the wake of

"Once celebrated in the Western media as a shining example of a 'liberal' and 'tolerant' Islam, Indonesia since the end of the Soeharto regime (May 1998) has witnessed a variety of developments that bespeak a conservative turn in the country's Muslim politics. In this timely collection of original essays, Martin van Bruinessen, our most distinguished senior Western scholar of Indonesian Islam, and four leading Indonesian Muslim scholars explore and explain these developments. Each chapter examines recent trends from a strategic institutional perch: the Council of Indonesian Muslim scholars, the reformist Muhammadiyah, South Sulawesi's Committee for the Implementation of Islamic Shari'a, and radical Islamism in Solo. With van Bruinessen's brilliantly synthetic introduction and conclusion, these essays shed a bright light on what Indonesian Muslim politics was and where it seems to be going. The analysis is complex and by no means uniformly dire. For readers interested in Indonesian Muslim politics, and for analysts interested in the dialectical interplay of progressive and conservative Islam, this book is fascinating and essential reading." -Robert Hefner, Director Institute on Culture, Religion, and World Affairs, Boston University

Indonesia has been home to some of the most vibrant and complex developments in modern Islamic thought anywhere in the world. Nevertheless little is known or understood about these developments outside South East Asia. By considering the work of the leading Indonesian thinkers of the twentieth century, Michael Feener, an intellectual authority in the area, offers a cogent critique of this diverse and extensive literature and sheds light on the contemporary debates and the dynamics of Islamic reform. The book highlights the openness to, and creative manipulation of, diverse strands of international thought that have come to define Islamic intellectualism in modern Indonesia. This is an accessible and interpretive overview of the religious and social thought of the world's largest Muslim majority nation. As such it will be read by scholars of Islamic law and society, South East Asian studies and comparative law and jurisprudence.

Discusses the creation a national school of Islamic law in Indonesia. Presents a complex range of references for syariah including the formal structures of a 'new fiqh', philosophies of law, transmissions of syariah through tertiary curricula and the Friday sermon in mosques, a bureaucratic form for conducting the Hajj, and contemporary debates on syariah values as expressions of public morality.

The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.

Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.

This book looks at fatwa in Indonesia during the period following the fall of President Suharto. It is an in-depth exploration of three fatwa-making agencies-Majelis Ulama Indonesia, Lajnah Bahth al-Masail Nahdlatul Ulama, and Majelis Tarjih Muhammadiyah-all of which are highly influential in shaping religious thought and the lives of Muslims in Indonesia. Rather than look at all the fatwa that have emerged in the period, Pradana Boy ZTF focuses on those that have strong repercussions for intra-community relations and the development of Indonesian Muslims more generally, including fatwa pertaining to sectarianism, pluralism, secularism and liberalism.

Indonesian Islam is an important and timely book based on approximately 2,000 fatwâ (pl. fatâwâ)--an opinion on a point of law or dogma given by a person with recognized authority (ijâza)--demonstrating that classical Islamic reasoning is an alternative to state-defined Islam and is capable of dealing with contemporary challenges in ethics and morality in a consistent and rational way. The book provides a comprehensive survey of how modern Indonesian Islamic thinking has responded to changes in social practices since the 1920s, and how authorities have ruled on diverse subjects ranging from football pools to land sales and milk banks. The author examines in detail the development and nuances of Islamic thinking, both by reference to local tradition and comparatively, by reference to the classical Arabian texts, therefore providing an important contribution to deepening popular understanding of Islam in Indonesia. The author's detailed analysis of fatwâ is unprecedented in the study of Indonesian Islam. To date there is no comparable analysis of modern fatwâ available in book form anywhere in the world, making this volume an invaluable resource for anyone who studies Indonesia. Professor Hooker describes the fatwâ as method and doctrine, religious duty, the status and obligation of women, Islam and medical science, offences against religion, and issues specific to Indonesian Islam. Responses to fatwâ cover such contemporary issues as abortion, organ transplants, insurance, and the status of women. For sale in Asia, Australia, and New Zealand by NUS Press (Singapore)