Full Description
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.
Contents
Glossary
Table of Contents
Acknowledgements
Preface
Introduction
Chapter 1: Syari'ah and its Discontents: Laws, Legal Institutions and the State Madhhab in Indonesia
Part I. Sources Of Islamic Regulation
Chapter 2. Dasar Negara? Pancasila and Constitution
Chapter 3. Kompilasi: The Compilation of Islamic Law (KHI)
Chapter 4. Fatawa and the Ulama Council of Indonesia (MUI)
Part II. Non-Judicial Legal Institutions
Chapter 5. The Department of Religious Affairs
Chapter 6. Regulation of Islamic Philanthropic Institutions
1. Zakat Administration
2. Wakaf Administration
Chapter 7. Regulation of Islamic Financial Institutions
1. Islamic Banking
2. Three Banking Contracts
3. Islamic Insurance
Chapter 8. Regulation of Islamic Education
Part III. The Religious Judiciary
Chapter 9. The National Religious Judiciary
Chapter 10. The Aceh Syari'ah Court
Part IV. Judicial Decision Making
Chapter 11. Judicial Decision Making in the Religious Courts
*Case study: divorce
Part V. Contesting Syari'ah and State Responses in Indonesia
Chapter 12. Regional Laws: PERDA, Qanun & Codes
1. Aceh's Qanun
2. The MMI Code
3. PERDA: Other regional laws
Chapter 13. National Laws: Regulating Morality & Belief
1. Anti-Pornography Laws
2. Regulation of Minority Religions
Bibliography
Index
