- Arskal Salim is Professor of Politics of Islamic Law at Syarif Hidayatullah State Islamic University (UIN) in Jakarta... moreArskal Salim is Professor of Politics of Islamic Law at Syarif Hidayatullah State Islamic University (UIN) in Jakarta, Indonesia. From 2017 to September 2020, he served as Director of Islamic Higher Education at the Ministry of Religious Affairs of the Republic of Indonesia. He obtained a PhD in Law from Melbourne Law School, Australia, in 2006. His PhD dissertation was published by Hawaii University Press in 2008 with the title: Challenging the Secular State: The Islamization of Laws in Modern Indonesia. Having completed his PhD, he went to Germany for a postdoctoral research fellowship at Max Planck Institute for Social Anthropology from 2006 to 2009. His postdoctoral project then was published in 2015 by Edinburgh University Press with the title: Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism. His jointly authored book entitled "Sharia, Citizenship and Minorities in Aceh" would be forthcoming by Notre Dame University Press.edit
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For some Muslims, to distinguish between law as a branch of religion and law as a secular product of the state is an odd practice. Any law enacted in Muslim countries has to take religious aspects into account. Otherwise, it creates... more
For some Muslims, to distinguish between law as a branch of religion and law as a secular product of the state is an odd practice. Any law enacted in Muslim countries has to take religious aspects into account. Otherwise, it creates resentment and opposition of certain religious leaders. As law and religion mostly appear to be conflicting in the modern world, it is no wonder that many religious leaders sought to resolve disputes between religion and the modern nation-state. A simple way to do so was to subjugate a state to religion, or precisely to religionize (or lslamize) legal political system of a state
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menjelaskan lebih detail tentang arti dalam demokrasi, hak hak manusia dan masyarakat madanxvii, 338 hlm.: ilus.; 26 c
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This paper would like to answer the question of the ways in which post-Suharto legal Islamization has shaped or caused increasing religious intolerance, disrupted Indonesia’s current democratic institutions and threatened its pluralistic... more
This paper would like to answer the question of the ways in which post-Suharto legal Islamization has shaped or caused increasing religious intolerance, disrupted Indonesia’s current democratic institutions and threatened its pluralistic society. This paper will argue that, at a minimum, the post-Suharto Islamization of regional laws affects four areas, namely (1) creating a competition of authority and influence between local governments and Islamic jurists (ʿulamāʾ); (2) sending a wrong message to certain radical groups who in those laws found an excuse to conduct violent acts and discriminate against religious minorities; (3) a shift in public space from a free and heterogeneous area to a restricted and homogenous atmosphere; and (4) the creation of unaccountable local governments through their management of revenues derived from Islamic taxation
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This study examines the notions of identity among the minority groups of Chinese in Banda Aceh, Indonesia. It focuses on what has changed, what has been challenged and what is [still] continued, locating the discussion within a context of... more
This study examines the notions of identity among the minority groups of Chinese in Banda Aceh, Indonesia. It focuses on what has changed, what has been challenged and what is [still] continued, locating the discussion within a context of their social dialectics with the local majority of Muslims due to its time, spatiality and social processes. Admittedly, the history of diasporic Chinese and their social interrelation with the ethnic majority of Acehnese does not occur in static, but in a dynamic way, instead. It was continuously constructed, reconstructed and changed in a specific durability and spatiality within a negotiated space of socio-spatial dialectics between the minority and the local majority groups. Through several observations, and in-depth interviews with people from diasporic Chinese community in Banda Aceh, and with few Acehnese informants, this study discovers that some socio-political situations at macro-national level of the related policies (on minorities), as ...
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... Page 7. ARC Federation Fellowship ... In the view of the proponents of the rajam punishment, this penalty historically refers, and can be traced back, to the era of Sultan Iskandar Muda in 17th century Aceh, the province's... more
... Page 7. ARC Federation Fellowship ... In the view of the proponents of the rajam punishment, this penalty historically refers, and can be traced back, to the era of Sultan Iskandar Muda in 17th century Aceh, the province's so-called 'Golden Age'. ...
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The paper discusses the relationship between shari’a courts and other courts in the framework of dynamic legal pluralism in Indonesia. It explains how the shift in plural legal orders in contemporary Aceh is taking place, in which the... more
The paper discusses the relationship between shari’a courts and other courts in the framework of dynamic legal pluralism in Indonesia. It explains how the shift in plural legal orders in contemporary Aceh is taking place, in which the shari’a court now has an ascent position. The paper argues that this current order has not simply to do with the state’s offer of the formal implementation of the shari’a in Aceh since 2001, but thanks largely to social and political processes that ensued the 2004 Boxing Day tsunami. 1 An earlier draft of this paper was presented at the First International Conference on Aceh and Indian Ocean Studies, Banda Aceh 24–26 February 2007. The author would like to thank Franz von Benda-Beckmann, Birgitt Röttger-Rössler, Jacqueline Knörr, and Michael Feener for giving valuable feedback to the first draft of this paper. 2 Arskal Salim is currently research fellow at the Max Planck Institute for Social Anthropology, Halle/Saale, Germany, e-mail: salim@eth.mpg.de.
PART 1 PAPERS ZÜRICH FROM THE CONFERENCE Guest Editor: Fauzia Shariff DYNAMIC LEGAL PLURALISM IN INDONESIA: CONTESTED LEGAL ORDERS IN CONTEMPORARY ACEH1 Introduction The issue of pluralism, legal and otherwise, is not new in Aceh. John... more
PART 1 PAPERS ZÜRICH FROM THE CONFERENCE Guest Editor: Fauzia Shariff DYNAMIC LEGAL PLURALISM IN INDONESIA: CONTESTED LEGAL ORDERS IN CONTEMPORARY ACEH1 Introduction The issue of pluralism, legal and otherwise, is not new in Aceh. John Bowen (2003) has discussed local struggles to reconcile different sets of social norms and 1 Earlier drafts of this article derived from both the Max Planck Institute Working Paper and a paper presented at the International Conference on Research in Islamic Laws, Kuala Lumpur, Malaysia ...
... Contributors xi Arskal Salim is a lecturer in Islamic Legal Politics at the Department of Islamic Political Studies, Faculty of Shari'a of the State ... xlv Glossary hajj halal haram hibah... more
... Contributors xi Arskal Salim is a lecturer in Islamic Legal Politics at the Department of Islamic Political Studies, Faculty of Shari'a of the State ... xlv Glossary hajj halal haram hibah hisab HMI hukum nasional HUSAMI IAIN ICMI IDB Idul Fitri ifta ijtihad ijtihad jama'i Inpres istigfar ...
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Publication View. 47723596. The shift in Zakat practice in Indonesia : from piety to an Islamic socio-political-economic system (2008). Salim, Arskal. Publication details. Download, http://edoc.mpg.de/406094. Publisher, Silkworm Books. ...
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Publication View. 22107537. Islamising Indonesian laws? : legal and political dissonance in Indonesian shari'a, 1945-2005 (2006). Salim, Arskal. Publication details. Download, http://edoc.mpg.de/294889. Publisher, The University of... more
Publication View. 22107537. Islamising Indonesian laws? : legal and political dissonance in Indonesian shari'a, 1945-2005 (2006). Salim, Arskal. Publication details. Download, http://edoc.mpg.de/294889. Publisher, The University of Melbourne. ...
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x, 139 hal.; 21 cm
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Dengan penelitian lapangan di seluruh Aceh, para penulis buku ini berhasil menjelaskan perubahan paling mutakhir tentang peranan dan kegiatan tokoh-tokoh agama dari teungku dayah ke aktivis FPI. Buku ini menyoroti pula masalah jender dan... more
Dengan penelitian lapangan di seluruh Aceh, para penulis buku ini berhasil menjelaskan perubahan paling mutakhir tentang peranan dan kegiatan tokoh-tokoh agama dari teungku dayah ke aktivis FPI. Buku ini menyoroti pula masalah jender dan kekuatan hukum di Aceh. Kaya analisis dan fakta yang menarik dan penting.
This volume contains eight chapters written by Acehnese scholars. All chapters are based on six months research fieldwork funded by Aceh Research Training Institute (ARTI); an initiative of a consortium of Australian universities in providing support in the post disaster recovery process to rebuild research capacity of a new generation of Acehnese living in a significantly changed society and to provide them with critical skills needed to produce excellent scholarly works. Professor Emeritus Harold Crouch of Australian National University comments on the book saying it is a clear sign of the return of scholarly local atmosphere in Aceh after the tsunami.
The book covers various local issues of religious practices, shari`a law and institutions, Islamic movements, and gender equality. Some case studies from different parts of Aceh are presented and linked to existing relevant literatures and major theoretical frameworks in social sciences, including anthropology, history, human rights, gender and Islamic studies. As commended by John Bowen, Professor of Anthropology from Washington University in St Louis, the volume is rich of analysis and full with important and interesting facts.
The book contributes to current understandings of changes which took place, or remain ongoing, in Aceh. As its subtitle informs, the volume is intended to be ‘insider accounts’ on religious, social legal and political changes that take place in Aceh in the past few years. Seen in light of Habermas’s work (Theory of Communicative Action, 1984), this book has been a field of interaction of Acehese scholars with many researchers from outside Aceh who have made this region for decades as a site of exciting scholarly works on diverse fields and topics.
This volume contains eight chapters written by Acehnese scholars. All chapters are based on six months research fieldwork funded by Aceh Research Training Institute (ARTI); an initiative of a consortium of Australian universities in providing support in the post disaster recovery process to rebuild research capacity of a new generation of Acehnese living in a significantly changed society and to provide them with critical skills needed to produce excellent scholarly works. Professor Emeritus Harold Crouch of Australian National University comments on the book saying it is a clear sign of the return of scholarly local atmosphere in Aceh after the tsunami.
The book covers various local issues of religious practices, shari`a law and institutions, Islamic movements, and gender equality. Some case studies from different parts of Aceh are presented and linked to existing relevant literatures and major theoretical frameworks in social sciences, including anthropology, history, human rights, gender and Islamic studies. As commended by John Bowen, Professor of Anthropology from Washington University in St Louis, the volume is rich of analysis and full with important and interesting facts.
The book contributes to current understandings of changes which took place, or remain ongoing, in Aceh. As its subtitle informs, the volume is intended to be ‘insider accounts’ on religious, social legal and political changes that take place in Aceh in the past few years. Seen in light of Habermas’s work (Theory of Communicative Action, 1984), this book has been a field of interaction of Acehese scholars with many researchers from outside Aceh who have made this region for decades as a site of exciting scholarly works on diverse fields and topics.
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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... more
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.
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.
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Indonesia has probably the fastest changing legal system in the Muslim world. This book represents the first ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh. It addresses changes in both the... more
Indonesia has probably the fastest changing legal system in the Muslim world. This book represents the first ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh. It addresses changes in both the national legal system and the regional legal structure in the province.
Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.
It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Key Features:
- Covers legal disputes surrounding inheritance, marriage and divorce, legislation and law-making, land dispute, non-Muslims and shari'ah, and religious courts
- Includes compelling legal case studies from the post-disaster situation
- Presents law as a site of contestation reflecting the unique set of conflicts arising after the 2004 tsunami
Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.
It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Key Features:
- Covers legal disputes surrounding inheritance, marriage and divorce, legislation and law-making, land dispute, non-Muslims and shari'ah, and religious courts
- Includes compelling legal case studies from the post-disaster situation
- Presents law as a site of contestation reflecting the unique set of conflicts arising after the 2004 tsunami
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This chapter addresses the completed, as well as the ongoing, processes of the constitutionalization of Shari’a in three Muslim countries: Indonesia, Tunisia and Egypt. The constitutional revision in Indonesia was completed in 2002. The... more
This chapter addresses the completed, as well as the ongoing, processes of the
constitutionalization of Shari’a in three Muslim countries: Indonesia, Tunisia and
Egypt. The constitutional revision in Indonesia was completed in 2002. The same
process took place in Egypt 10 years later, in 2012, and that in Tunisia was expected
to end in late 2013. These three countries are selected because they have undergone
constitutional revisions which have received intense international media coverage,
especially concerning the constitutional position of Shari’a . The chapter explains
efforts by Islamic political parties in those countries to have Shari’a constitutionally
acknowledged or to give it a more powerful constitutional status, and argues that
failure to enshrine Shari’a in the constitutions of these Muslim countries results not
only from unresolved defi ciencies within their Islamic parties, but also, to a large
extent, from strong resistance from other elements of their societies. The chapter
especially looks at the on-going processes of constitutional revision in Tunisia and
Egypt. In addition, the concept of ‘legal pluralism’ will be employed as an analytical
tool to examine the extent to which the offi cial acknowledgment of Shari’a in their
constitutions allows legal pluralism within each of the Muslim societies discussed
here. Finally, the chapter will offer some comparative remarks.
constitutionalization of Shari’a in three Muslim countries: Indonesia, Tunisia and
Egypt. The constitutional revision in Indonesia was completed in 2002. The same
process took place in Egypt 10 years later, in 2012, and that in Tunisia was expected
to end in late 2013. These three countries are selected because they have undergone
constitutional revisions which have received intense international media coverage,
especially concerning the constitutional position of Shari’a . The chapter explains
efforts by Islamic political parties in those countries to have Shari’a constitutionally
acknowledged or to give it a more powerful constitutional status, and argues that
failure to enshrine Shari’a in the constitutions of these Muslim countries results not
only from unresolved defi ciencies within their Islamic parties, but also, to a large
extent, from strong resistance from other elements of their societies. The chapter
especially looks at the on-going processes of constitutional revision in Tunisia and
Egypt. In addition, the concept of ‘legal pluralism’ will be employed as an analytical
tool to examine the extent to which the offi cial acknowledgment of Shari’a in their
constitutions allows legal pluralism within each of the Muslim societies discussed
here. Finally, the chapter will offer some comparative remarks.
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Publication View. 47723270. Muslim politics in Indonesia's democratisation : the religious majority and the rights of minorities in the post-new order era (2007). Salim, Arskal. Publication details. Download,... more
Publication View. 47723270. Muslim politics in Indonesia's democratisation : the religious majority and the rights of minorities in the post-new order era (2007). Salim, Arskal. Publication details. Download, http://edoc.mpg.de/331323. Publisher, ISEAS. ...
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This chapter addresses the way in which Shari’a was introduced into the constitutions of three contemporary Muslim countries: Indonesia, Tunisia and Egypt. It explains efforts by Islamic political parties in these countries to have... more
This chapter addresses the way in which Shari’a was introduced into the constitutions of three contemporary Muslim countries: Indonesia, Tunisia and Egypt. It explains efforts by Islamic political parties in these countries to have Shari’a constitutionally acknowledged or to give it more powerful constitutional status. Constitutional revision in Indonesia was completed in 2002. The same process took place in Egypt 10 years later, in 2012, and in Tunisia the revision process was expected to end in late 2013. This chapter, in addition to offering historical and political perspectives, employs legal pluralism as an analytical tool in examining the extent to which including Shari’a in the constitution allows legal pluralism within each of these three Muslim societies.
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The constitutional revision processes in the aftermath of the collapse of the authoritarian regimes is very important to ensure the successful scenario of the shiftfrom the authoritarian regime to the democratic system. It is surely true... more
The constitutional revision processes in the aftermath of the collapse of the authoritarian regimes is very important to ensure the successful scenario of the shiftfrom the authoritarian regime to the democratic system. It is surely true that havingtoppled down a despotic ruler; a democratic state will not automatically be its outcome.If a clear demarcation between authoritarian regime and democratic rule is going to be made, a successfully constitutional reform is necessary.In many non-Muslim states, constitutional reform focuses on two basic tructuralissues: (1) the limitation of the state in the form of a set of rights and freedoms of thecitizens, and (2) the separation of powers within the state. By contrast, in most Muslimcountries, two quite different issues largely attract political attention throughout debates on constitutional reform: (1) the religious rights of Muslim citizens to freelyapply shari`a, and (2) the obligation of the government to arrange properly for theimple...
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The purpose of this chapter is to provide readers with an understanding of the process by which women were incorporated into the Indonesian legal system. It is noteworthy to say that the incorporation process has been long and, at times,... more
The purpose of this chapter is to provide readers with an understanding of the process by which women were incorporated into the Indonesian legal system. It is noteworthy to say that the incorporation process has been long and, at times, uneasy. The engagement of women in Indonesia’s Islamic judicial system started six decades ago with a small number, and then increased over time to include several important roles and positions in the religious court system. Based on empirical data collected from three religious courts of first instance and on judgment analysis, this chapter assesses the factors that have an impact on the way male and female judges display gender sensitivity in their dealings with female litigants. An important conclusion is that female judges do not always make a difference.
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This chapter addresses the way in which Shari’a was introduced into the constitutions of three contemporary Muslim countries: Indonesia, Tunisia and Egypt. It explains efforts by Islamic political parties in these countries to have... more
This chapter addresses the way in which Shari’a was introduced into the constitutions of three contemporary Muslim countries: Indonesia, Tunisia and Egypt. It explains efforts by Islamic political parties in these countries to have Shari’a constitutionally acknowledged or to give it more powerful constitutional status. Constitutional revision in Indonesia was completed in 2002. The same process took place in Egypt 10 years later, in 2012, and in Tunisia the revision process was expected to end in late 2013. This chapter, in addition to offering historical and political perspectives, employs legal pluralism as an analytical tool in examining the extent to which including Shari’a in the constitution allows legal pluralism within each of these three Muslim societies.
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This paper would like to investigate how and the extent to which Islam plays a role in land dispute settlements. As many Muslims believe, Islam is an all-encompassing teaching which regulates different aspects of social life, including... more
This paper would like to investigate how and the extent to which Islam plays a role in land dispute settlements. As many Muslims believe, Islam is an all-encompassing teaching which regulates different aspects of social life, including matters related to land. This paper seeks to look at whether Islam in its various forms, such as the practice of musyawarah (consultation and consensus), has been a norm or a mechanism to resolve land disputes within a Muslim community. As Muslims constitutes a majority population in Aceh and the application of sharia has been ratified in this province since 2001, it is taken for granted that Islamic sharia would have a role in many kinds of social and legal issues, including in resolving disputes on land. A study that sought to explore the extent to which a norm or a mechanism derived from Islam has played a role in the settlement process of land disputes in Aceh is therefore important; not only to verify the claim of an-all encompassing religion in ...
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The plural legal constellations in Aceh have been present since before Indonesia's independence. During the Aceh's sultanates, Islamic sharia and adat co-existed and they were hardly distinguished. In fact, there was a widely... more
The plural legal constellations in Aceh have been present since before Indonesia's independence. During the Aceh's sultanates, Islamic sharia and adat co-existed and they were hardly distinguished. In fact, there was a widely shared framework suggesting the harmony between Islamic sharia and adat: hukom ngon adat, lagee zat ngon sifeut [the relationship between sharia and adat is similar to the link between the substance of something and its characteristic](Munir 2003).
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urisdiksi Peradilan Agama atas sengketa-sengketa hukum ekonomi syariah masih terbilang baru. Sejak disahkannya Undang-Undang nomor 3 tahun 2006 tentang Perubahan atas Undang- Undang Peradilan Agama nomor 7 tahun 1989, kekuasaan Peradilan... more
urisdiksi Peradilan Agama atas sengketa-sengketa
hukum ekonomi syariah masih terbilang baru.
Sejak disahkannya Undang-Undang nomor 3
tahun 2006 tentang Perubahan atas Undang-
Undang Peradilan Agama nomor 7 tahun 1989, kekuasaan
Peradilan Agama di seluruh wilayah Indonesia bertambah
luas termasuk mencakup perselisihan ekonomi syariah.
Dalam kurun waktu sepuluh tahun terakhir ini, jumlah
sengketa dalam masalah ekonomi syariah yang didaftarkan
ke Pengadilan Agama masih merupakan bagian terkecil
dibandingkan dengan perkara-perkara perdata atau hukum
keluarga yang merupakan yurisdiksi utama Peradilan
Agama sejak beberapa dekade lalu.Perkara sengketa
ekonomi syariahmulai muncul dan bergerak meningkat secara perlahan menyusul hadirnya perangkat-perangkat
hukum lainnya termasuk referensi hukum (Kompilasi
Hukum Ekonomi Syariah dan Fatwa Dewan Syariah
Nasional). Bukan itu saja, ambiguitas yurisdiksi Peradilan
Agama atas masalah ini di masa awal pasca legislasi UU
3/2006, pelan-pelan mulai teruraikan dengan berbagai
prakarsa kebijakan politik hukum dan juga realitas
masyarakat Muslim pencari keadilan dalam bidang hukum
ekonomi syariah.
hukum ekonomi syariah masih terbilang baru.
Sejak disahkannya Undang-Undang nomor 3
tahun 2006 tentang Perubahan atas Undang-
Undang Peradilan Agama nomor 7 tahun 1989, kekuasaan
Peradilan Agama di seluruh wilayah Indonesia bertambah
luas termasuk mencakup perselisihan ekonomi syariah.
Dalam kurun waktu sepuluh tahun terakhir ini, jumlah
sengketa dalam masalah ekonomi syariah yang didaftarkan
ke Pengadilan Agama masih merupakan bagian terkecil
dibandingkan dengan perkara-perkara perdata atau hukum
keluarga yang merupakan yurisdiksi utama Peradilan
Agama sejak beberapa dekade lalu.Perkara sengketa
ekonomi syariahmulai muncul dan bergerak meningkat secara perlahan menyusul hadirnya perangkat-perangkat
hukum lainnya termasuk referensi hukum (Kompilasi
Hukum Ekonomi Syariah dan Fatwa Dewan Syariah
Nasional). Bukan itu saja, ambiguitas yurisdiksi Peradilan
Agama atas masalah ini di masa awal pasca legislasi UU
3/2006, pelan-pelan mulai teruraikan dengan berbagai
prakarsa kebijakan politik hukum dan juga realitas
masyarakat Muslim pencari keadilan dalam bidang hukum
ekonomi syariah.
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This article attempts to trace the influence of the colonial legacy in the formation of zakat (alms) policy in modern Indonesia. The article argues that the influence of the Dutch Islamic policy has gradually diminished as the process of... more
This article attempts to trace the influence of the colonial legacy in the formation of zakat (alms) policy in modern Indonesia. The article argues that the influence of the Dutch Islamic policy has gradually diminished as the process of Islamization of Indonesia has deepened. As early as the 19th century, Snouck Hurgronje played a key role in developing the Dutch zakat policy, which focused on the colonial government preventing the payment of zakat from being compulsory. During the first two decades after Indonesia's independence in 1945, the zakat policy as derived from colonial times continued without much change. However, by the late 1960s, the New Order regime was leaning to familiarize and manipulate the institution of zakat. In contrast to an assessment made by some scholars that President Soeharto's policy on Islam was consistent with Snouck Hurgronje's advice on Islamic affairs, this paper contends that Soeharto was not a skilled disciple of Snouck Hurgronje at all. While Snouck Hurgronje attempted to prevent the colonial apparatus from being involved in encouraging Muslims to pay zakat, Soeharto, on the contrary, engaged himself in the task of zakat collection and thus made himself religiously responsible for organizing it properly. Indeed, the level of Muslim devotion regarding their zakat obligation increased overall during the time of the New Order era, indicating an opposite effect to that advocated by Snouck Hurgronje. I.
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Indonesia’s post-Suharto (reigned 1966 to 1998) democratization has paved the way for an increased interest in religious-inspired regulations in numerous provinc-es and districts all over the country. This implementation of religious law... more
Indonesia’s post-Suharto (reigned 1966 to 1998) democratization has paved the way for an increased interest in religious-inspired regulations in numerous provinc-es and districts all over the country. This implementation of religious law at the regional level can be identified as the localization of šarīʿa (Islamic rules). The localization of šarīʿa occurs where the state grants degrees of autonomy to par-ticular communities or regions where Islamic leaders and groups struggle to implement šarīʿa locally in a limited territory. The localization of šarīʿa has become a new strategy of the proponents of šarīʿa in Indonesia especially be-cause their attempts to insert a clause on šarīʿa into the amended Indonesian constitution have failed and projects of applying šarīʿa as part of the national legislation have only achieved a limited success.
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Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach... more
Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach by considering the unbalanced relationship between adat and Islamic law and thus argues that both have been unequally coexisting and asymmetrically contesting with one another. Based on a lengthy ethnographic fieldwork and recurring visits to Aceh, this study discusses the ways in which adat of Aceh has been reinvigorated along with the official implementation of Islamic law in the past two decades. It includes efforts: 1) to establish adat bureaucracy 2) to restore a cultural sovereignty of adat, 3) to retrieve adat rights to natural resources, and 4) to reinforce adat mechanism of dispute settlement. Despite all these efforts, however, adat appears to be subordinate and secondary.
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This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a uni que and subjective experience, which would not only contribute to the understanding of social... more
This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a uni que and subjective experience, which would not only contribute to the understanding of social phenomenon but also reflect on possible different situations upon knowing the reality. It not only makes a sequence of events and their interpretation, but it also asks readers to emotionally 'relive' the events with the writer of autoethnography. This article uncovers processes and dynamics of my own thought in approaching and comprehending law in Islam including topics such as usul fiqh and legal pluralism. It discloses the development of my research interest and scope, both nationally and internationally in the past three decades. The article argues that knowledge is not necessarily produced by research work. In fact, personal narratives are considered scientific in that they could contribute knowledge to what we know about the world in which we live. And, last but not least, personal stories are valuable if they could: 1) provide a legitimate claim or justification, 2) offer something new to learn, and 3) help other people cope with or better understand world issues.
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An earlier version of this article was presented as part of the requirements for the course 'Islam, Law and Politics in Asia'at the Faculty of Law of the University of Melbourne. The author would... more
An earlier version of this article was presented as part of the requirements for the course 'Islam, Law and Politics in Asia'at the Faculty of Law of the University of Melbourne. The author would like to thank Associate Professor Tim Lindsey of the Asian Law Centre, University of Melbourne, and an anonymous reviewer from Indonesia and Malay World for providing valuable comments on the draft. I am also grateful to Rowan Gould who assisted in the proofreading of this article. Any errors found therein, however, are entirely the ...
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This present paper explored historical references of debate trend to be proposed as one of learning-teaching method. By analyzing the strengths and limitations of debate, the author found that any existing debate format is imperfect and... more
This present paper explored historical references of debate trend to be proposed as one of learning-teaching method. By analyzing the strengths and limitations of debate, the author found that any existing debate format is imperfect and it is educators’ task to seek out how in utilizing debate as a learning teaching method. Some works on debate assessment method were described. In real implementation, on author's experience to use debate as learning-teaching method, showed that it was difficult to mark students either as individual or team. Therefore, their preparation and the performance in-class debate should be considered. Abstrak Artikel ini mengeksplorasi referensi sejarah dari tren debat yang akan diusulkan sebagai salah satu metode belajar mengajar. Dengan menganalisis kekuatan dan keterbatasan perdebatan, penulis menemukan bahwa format debat yang ada tidak sempurna dan itu adalah tugas pendidik untuk mencari tahu bagaimana memanfaatkan debat sebagai metode pengajaran p...
... 2 See Aqib Suminto, POLITIK ISLAM HINDIA BELANDA (LP3ES, 1985). ... OF ZAKAT; THE ISLAMIC SOCIAL WELFARE SYSTEM (al-Jadidah Printing Press, 1960); Abdul Rehman Ansari, ZAKAAT, THE RELIGIOUS TAX OF ISLAM (Premier Press, 1973); Mahmoud... more
... 2 See Aqib Suminto, POLITIK ISLAM HINDIA BELANDA (LP3ES, 1985). ... OF ZAKAT; THE ISLAMIC SOCIAL WELFARE SYSTEM (al-Jadidah Printing Press, 1960); Abdul Rehman Ansari, ZAKAAT, THE RELIGIOUS TAX OF ISLAM (Premier Press, 1973); Mahmoud Abu-Saud ...
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... Jika di Aceh sejak rnasa pemerintahan Sultan lskandar Muda telah eksis pranata hukurn yang menangani perkara-perkara keislaman, rnaka ... resiprokal yang terjadi antara tradisi lokal yang dipenetrasi dan hukum lslam sebagai... more
... Jika di Aceh sejak rnasa pemerintahan Sultan lskandar Muda telah eksis pranata hukurn yang menangani perkara-perkara keislaman, rnaka ... resiprokal yang terjadi antara tradisi lokal yang dipenetrasi dan hukum lslam sebagai penetrator, yang kemu-dian secara otoregulatif ...
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This article aims at examining the recent (re)construction of citizenship in Aceh, which is based on sharia as well as on ethno-religious nationalism, and the impact of this (re)construction on minority rights in the province. Because... more
This article aims at examining the recent (re)construction of citizenship in Aceh, which is based on sharia as well as on ethno-religious nationalism, and the impact of this (re)construction on minority rights in the province. Because sharia has become a cultural, social, political and legal fact in Aceh, the province has gradually created its own notion of civic belonging, which departs from national citizenship, defined by religion and protected by religious ethno-nationalism. It is argued that such religious ethno-nationalism has created what we call dormant citizenship, in which citizens of Aceh are divided on the basis of religious affiliation into ‘ummatic citizens’, who are considered as the ‘hosts’ of the sharia land with their full rights, and non-ummatic citizens, who are considered as ‘guests’ with only partial rights provided by the ‘hosts’. We shall also argue that dormant citizenship is a synthesis between four political traditions: Islamic, ethnic, Indonesian, and Wes...
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The plural legal constellations in Aceh have been present since before Indonesia’s independence. During the Aceh’s sultanates, Islamic shari`a and adat co-existed and they were hardly distinguished. In fact, there was a widely shared... more
The plural legal constellations in Aceh have been present since before Indonesia’s independence. During the Aceh’s sultanates, Islamic shari`a and adat co-existed and they were hardly distinguished. In fact, there was a widely shared framework suggesting the harmony between Islamic shari`a and adat: hukom ngon adat, lagee zat ngon sifeut [the relationship between shari`a and adat is similar to the link between the substance of something and its characteristic] (Munir 2003). The presence of the colonial legal regime at the turn of the twentieth century in Aceh, however, made demarcation between Islamic shari`a and adat much more observable. The way the Dutch appreciated adat institutions and adat leaders, while in the same time attempted to appropriate Islamic shari`a and Muslim leaders, mostly due to political reasons, had fundamentally split the close relationship, at least in theory, they both had before. Additionally, the fierce tension between the ulebalang (local aristocrats) a...
... reksa dana syariah, obligasi syariali, sekuritas syariali, pembiayaan syariah, pegadaian syariali dana pension lembaga keuangan syariah dan bisnis syariah. ... Persepsinya mengenaihukum-hukum agama yang berlaku dipandang sudah... more
... reksa dana syariah, obligasi syariali, sekuritas syariali, pembiayaan syariah, pegadaian syariali dana pension lembaga keuangan syariah dan bisnis syariah. ... Persepsinya mengenaihukum-hukum agama yang berlaku dipandang sudah terwakili oleh persepsi komunitasnya. ...
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Introduction Discussions of shari a and politics have often proposed that the former is manipulated by the latter. It has been argued that Muslim rulers have employed shari a as a symbol to acquire political legitimacy from their Muslim... more
Introduction Discussions of shari a and politics have often proposed that the former is manipulated by the latter. It has been argued that Muslim rulers have employed shari a as a symbol to acquire political legitimacy from their Muslim citizens and political influence with other Muslim countries (Schumann, 1999). In addition, it has been argued that the codification of shari a by Muslim regimes is intended in the interests of legal unification in order to produce political stability (Mawardi, 2003). All of this suggests that the implementation of shari a by a Muslim state is more of a political issue than a religious one. With regard to the state’s interests which commonly underlie the implementation of shari a, this sort of argument is generally acceptable. Yet how do we account for the current rising demand for the implementation of shari a among Muslim groups? Are they politically motivated as well? Bassam Tibi (2001:147,166) has argued that this demand is:
Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach... more
Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach by considering the unbalanced relationship between adat and Islamic law and thus argues that both have been unequally coexisting and asymmetrically contesting with one another. Based on a lengthy ethnographic fieldwork and recurring visits to Aceh, this study discusses the ways in which adat of Aceh has been reinvigorated along with the official implementation of Islamic law in the past two decades. It includes efforts: 1) to establish adat bureaucracy, 2) to restore a cultural sovereignty of adat, 3) to retrieve adat rights to natural resources, and 4) to reinforce adat mechanism of dispute settlement. Despite all these efforts, however, adat appears to be subordinate and secondary.
Compared to other Muslim countries, Indonesia has been the forefront, if not the frontrunner, in welcoming women to occupy a position as judges at the Islamic court. Despite few Indonesian women were already sitting at Islamic courtrooms... more
Compared to other Muslim countries, Indonesia has been the forefront, if not the frontrunner, in welcoming women to occupy a position as judges at the Islamic court. Despite few Indonesian women were already sitting at Islamic courtrooms and hearing cases on family law issues as early as in 1960s, it was only in 1989 that Indonesia fully accommodated female judges at the religious courts. From this onwards, female judges were recruited more than ever and began accessing a number of rights and positions like their male counterparts. This paper discusses female judge and women litigants at Islamic courts of Indonesia. This paper not only discusses the way in which women were recruited to be judges at the Indonesian Islamic courts, but also explores some factors leading Indonesian women to engage in the judicial practice. In addition, this paper looks at the way in which female judges exercise their authority to protect rights of disadvantaged women litigants. This paper argues that de...
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... Jika di Aceh sejak rnasa pemerintahan Sultan lskandar Muda telah eksis pranata hukurn yang menangani perkara-perkara keislaman, rnaka ... resiprokal yang terjadi antara tradisi lokal yang dipenetrasi dan hukum lslam sebagai... more
... Jika di Aceh sejak rnasa pemerintahan Sultan lskandar Muda telah eksis pranata hukurn yang menangani perkara-perkara keislaman, rnaka ... resiprokal yang terjadi antara tradisi lokal yang dipenetrasi dan hukum lslam sebagai penetrator, yang kemu-dian secara otoregulatif ...
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This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a unique and subjective experience, which would not only contribute to the understanding of social... more
This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a unique and subjective experience, which would not only contribute to the understanding of social phenomenon but also reflect on possible different situations upon knowing the reality. It not only makes a sequence of events and their interpretation, but it also asks readers to emotionally ‘relive’ the events with the writer of autoethnography. This article uncovers processes and dynamics of my own thought in approaching and comprehending law in Islam including topics such as usul fiqh and legal pluralism. It discloses the development of my research interest and scope, both nationally and internationally in the past three decades. The article argues that knowledge is not necessarily produced by research work. In fact, personal narratives are considered scientific in that they could contribute knowledge to what we know about the world in which we l...
Research Interests:
Attempts at the implementation of shari’a in Indonesia have always been marked by a tension between political aspirations of the proponents and the opponents of shari’a and by resistance from the secular state. The tension had led to the... more
Attempts at the implementation of shari’a in Indonesia have always been marked by a tension between political aspirations of the proponents and the opponents of shari’a and by resistance from the secular state. The tension had led to the profound and ongoing legal political dissonance in the formal application of shari’a rules in the country. A continuum between conflicts in meanings and direct contradictions in terms has resulted in a debate of which and whose shari’a to be implemented. This paper looks at the roots as well as the sources of those dissonances. It observes a number of conditions that make the articulation of religious law dissonant. It argues that more direct dissonance is discernible between the aspiration for the formal implementation of shari’a and constitutional rights of religious freedom. Arguing that despite shari’a has been able to seep into scattered legal aspects within Indonesian state and society and that the state has allowed shari’a to be incorporated ...
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Indonesia’s post-Soeharto democratisation paved the way for increased interest in religiously inspired regulations in a number of provinces and districts throughout the country. The implementation of religious law at the regional levels... more
Indonesia’s post-Soeharto democratisation paved the way for increased interest in religiously inspired regulations in a number of provinces and districts throughout the country. The implementation of religious law at the regional levels can be seen as a localisation of shari’a (Islamic law). This occurs because the state has granted a degree of autonomy to particular communities or regions and local Islamic leaders and groups use this to attempt to implement shari’a within a limited territory. This is a new strategy for the proponents of shari’a, motivated by the failure of their attempts to insert a clause enforcing shari’a into the Indonesian Constitution, and because efforts to pass national legislation to apply shari’a have achieved only limited success. This chapter seeks primarily to investigate the extent to which the enactment of religious regulations has been compliant with principles of good governance, and to what degree they have constrained the protection of pluralism and tolerance in Indonesia. It therefore seeks to answer the question of how post-Soeharto legal Islamisation has shaped or caused increasing religious intolerance, disrupted Indonesia’s current democratic institutions, and threatened its social pluralism. In it, I will argue that there are, at a minimum, four major issues arising, namely: (1) competing authorities and influences between local governments and Muslim religious scholars (ulama); (2) wrong messages sent to certain radical groups, who find excuses to conduct violent acts and discriminate against religious minorities; (3) a shift in public space from a free-heterogeneous area to a restricted and homogenous atmosphere; and (4) the lack of accountability of local governments when it comes to the management of revenues derived from Islamic taxation
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... Negara dan Cendekaiwan Muslim Indonesia Orde Baru. In Pembangunan dan Kebangkitan Islam di Asia Tenggara, ed. Saiful Muzani. Jakarta: LP3ES, 1993. ... Honolulu: University of Hawaii Press, 2004. Azra, Azyumardi, and Saiful Umam, et... more
... Negara dan Cendekaiwan Muslim Indonesia Orde Baru. In Pembangunan dan Kebangkitan Islam di Asia Tenggara, ed. Saiful Muzani. Jakarta: LP3ES, 1993. ... Honolulu: University of Hawaii Press, 2004. Azra, Azyumardi, and Saiful Umam, et al. ...
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The present book is important as it seeks to provide adequate answers to the above questions. It is a highly recommended reading, due among many reasons to the qualifications of the editors. The editors of the book, John Bowen and Arskal... more
The present book is important as it seeks to provide adequate answers to the above questions. It is a highly recommended reading, due among many reasons to the qualifications of the editors. The editors of the book, John Bowen and Arskal Salim, are prominent scholars in the field. Bowen has spent more than four decades studying how (Islamic) law is implemented at a societal level. His seminal work Islam, Law, and Equality in Indonesia: An Anthropology of Public Reasoning has been a key model for further anthropological studies of Islamic law in the Muslim world. Salim is a legal anthropologist by training, and his work is important to understand the relationship between different legal orders in contemporary Aceh.
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Michael Feener's close examination of the intellectual development of Islamic law in Indonesia is an important work that adds to a growing body of literature covering various aspects of Indonesian Islam. ese include works on Muslim... more
Michael Feener's close examination of the intellectual development of Islamic law in Indonesia is an important work that adds to a growing body of literature covering various aspects of Indonesian Islam. ese include works on Muslim organizations and movements, 1 Islamic education and Muslim students, 2 Qurʾānic exegesis, 3 Islamic theology, 4 and on Muslim Sufism. 5 By offering insights into areas not taken into account by earlier works on Islamic law in modern Indonesia, 6 Feener fills in some important gaps. As he states in his preface, the seven chapters of this book examine "the ways in which Indonesian Muslim scholars and activists have formulated new conceptions and interpretations of Islamic law through creative readings and syntheses of diverse materials, including Islamic scriptural sources, classical Muslim jurisprudential texts, and modern Middle Eastern and 'Western' academic writings read in light of rapidly evolving social, economic and political contexts" (p. xx). Drawing on Roff, 7 Feener points out that three key phenomena have influenced Muslim legal thought in modern Indonesia: voluntary associations, print culture and
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Abstract: Publication details for: Islam, Law and Equality in Indonesia: An Anthropology of Public Reasoning. By John Bowen, Cambridge: Cambridge University Press, 2003. Pages: i-xviii + 289. ISBN: 0-521-82482-6 (hbk); 0-521-53189-6... more
Abstract: Publication details for: Islam, Law and Equality in Indonesia: An Anthropology of Public Reasoning. By John Bowen, Cambridge: Cambridge University Press, 2003. Pages: i-xviii + 289. ISBN: 0-521-82482-6 (hbk); 0-521-53189-6 (pbk). Price: UK 18.99/50. ... To cite this article: Salim, Arskal. Islamic Law and the Issue of Gender Equality in Indonesia [Book Review] [online]. Australian Journal of Asian Law, Vol. 7, No. 2, Sept 2005: [187]-197. Availability: <http://search.informit.com.au/documentSummary;dn=508306863136861;res ...