The Invention of Islamic Law: A History of Western Studies of Islamic Normativity and Their Spread in the Orient

Buskens, Léon; Dupret, Baudouin

doi:10.1163/9789004282537_004

Cited by 7 publications

(5 citation statements)

References 2 publications

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“…Thus, the role of Islamic law in Indonesia's nation-building has been significant. It has played a critical role in shaping Indonesia's legal system, politics, and economy (Bowen, 2003;Buskens & Dupret, 2015;Butt & Lindsey, 2018;Federspiel, 2003;Feener, 2007;Feener & Cammack, 2007;Hooker, 2003). While Islamic law has promoted specific values, such as gender equality and good governance, it has also led to tensions between different religions.…”

Section: A the Role Of Islamic Law In Indonesia's Nation-buildingmentioning

confidence: 99%

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Wang

2023

EJSOCIAL

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This article analyses the dynamic and diverse role that Islamic law plays in the process of nation-building that is currently taking place in Indonesia. It is discussed in great depth how significant Islamic law is to Indonesian society, beginning with its origins in pre-colonial periods and continuing up to the present day. It covers the political, economic, and social consequences that have developed as a direct consequence of Indonesia's adoption of Islamic law as its official legal system. These ramifications have arisen as a direct consequence of Indonesia's adoption of Islamic law as its official legal system. These consequences have been experienced by people in every region of the country. In this article, the challenges that arise when attempting to apply Islamic law in a nation as diverse and democratic as Indonesia are acknowledged and discussed. Among these are mending the breach between religious conservatism and secularism and creating a happy medium between the ideals of Islamic law and human rights. Despite these challenges, the article emphasizes how important it is for Indonesia's many different religious and cultural communities to maintain open lines of communication and work together. This article demonstrates how important it is to build a society in which the rights of each citizen are respected and safeguarded. In light of respect for the varied history of Indonesia, the author finishes the piece with a call for national solidarity to achieve peace and prosperity in Indonesia.

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Section: A the Role Of Islamic Law In Indonesia's Nation-buildingmentioning

confidence: 99%

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Wang

2023

EJSOCIAL

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“…45 The government has taken measures to ensure that people of all faiths have a safe place to worship and practice their traditions without fear of persecution. 46 People of all faiths and no faiths are free to practice their faiths 47 without fear of persecution or prejudice, thanks to laws 48 and policies designed to safeguard vulnerable populations. 49 This method not only encourages people to get along and value one another, but it also promotes social peace and stability.…”

Section: E the Future Of Islam And The Constitution In Indonesiamentioning

confidence: 99%

Political Islam and Constitutional Change in Contemporary Indonesia

Mukrimin

2023

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This article examines how Islam and Indonesia's constitution interact. It shows Islam's complicated relationship with politics. It intends to analyze and investigate how religious beliefs and values influence political discourse and decision-making in various circumstances. It is hoped to shed new light on this critical and often controversial topic and help us comprehend the forces that influence our world by exploring Islam in modern political debates and conversations. Therefore, this article discusses the challenges between religious freedom and democracy in Indonesia. It also presents a detailed and analytical examination of the complicated and multi-faceted question of the future of Islam and constitutionalism in Indonesia, a country with a rich history and diverse culture. The finding of this study shows that political Islam and constitutional ideas affect Indonesia's political and social situation. Then this article seeks to illuminate Indonesia's future difficulties, possibilities, and outcomes through critical study.

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“…22 Hurgronje and Vollenhoven pioneered the receptie theory that adat law has a higher position than religious law. 23 Even though the opinion is contrary to the concept of Islamic law and cannot be applied, it aims to show how adat cultures are not contaminating with modern ideas.…”

Section: The Characteristics Of Adat Law In Indonesia: a Historical O...mentioning

confidence: 99%

Adat Law and Legal Pluralism in Indonesia: Toward A New Perspective?

Hamida

2022

IJLS

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Adat law is part of Indonesia's legal system with unwritten characteristics. To some extent, it embeds with religious values. As a country with pluralist societies, adat law plays an important role in Indonesia that increasingly adds the critical discourse of legal pluralism since it originates from indigenous values based on habits to execute from the older generation. This study aimed to analyze the contextual development of adat law in Indonesia through a historical perspective and its applicability to its emerging positivization in the form of state law. It emphasized the recent development of transforming adat law into state regulation through by-laws with the following prospects and challenges. This study used socio-legal method research, a cross-disciplinary approach in nature through the form of analysis to the normative and contextual issues of adat law. This paper concluded that constituting the state regulation contains the boundaries to implement adat law as the right of adat community, adat court, and the adoption of the adat values. The positivization has developed by adopting adat law to by-laws at the regional level of governments. By-law is assumed to have law enforcement that binds the community because it comes from the habits of the community. Therefore, it indicates a new paradigm in recognizing and protecting adat law, not through by-laws, in which both adat and state laws are different and could not be a unity law. KEYWORDS: Adat Law, State Law, Legal Pluralism, Indonesian Law.

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The Invention of Islamic Law: A History of Western Studies of Islamic Normativity and Their Spread in the Orient

Cited by 7 publications

References 2 publications

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Political Islam and Constitutional Change in Contemporary Indonesia

Adat Law and Legal Pluralism in Indonesia: Toward A New Perspective?

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