Shari'a & Constitutional Reform in IndonesiaInstitute of Southeast Asian Studies, 2007 - 271 pages 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. |
Contents
1 | |
2 SHARIA AND CONSTITUTIONALISM | 28 |
An Overview | 59 |
4 HUMAN RIGHTS PROVISIONS | 108 |
5 RULE OF LAW | 139 |
6 ARTICLE 29 ON RELIGION | 188 |
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1945 Constitution Abdurrahman Wahid According Ahmad Allah argued Article 29 basic belief caliph Chapter concept constitutional reform constitutionalism context debate democracy democratic dhimmi discussed edited Egypt election established fiqh formal shari’a freedom Golkar guarantee Habibie Hadith human rights human rights provisions ijtihad implementation Indonesian Constitution Indonesian Muslims Institute of Southeast International interpretation Iran Islamic law Islamic political parties Islamic shari’a issues Jakarta Charter judiciary Kompas Konstitusi leaders legislative Masyumi Medina military modern Muhammad Muhammadiyah Muslim Muslim scholars Nadirsyah Hosen Nahdlatul Ulama Negara Hukum non-Muslims Pancasila Parliament People’s position president presidential principles Prophet proposal provides Qur’an rechtsstaat Reform in Indonesia regulations rejected religion religious role rule of law Saudi Arabia second amendment secular shura society Soeharto Soeharto government Soekarno Southeast Asian Studies sovereignty substantive shari’a approach takes the view tradition UDHR Umar University Press vote Wahid women