Arskal 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.
Dengan penelitian lapangan di seluruh Aceh, para penulis buku ini berhasil menjelaskan perubahan ... 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
Publication details for: Islam, Law and Equality in Indonesia: An Anthropology of Public Reasonin... more 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.
For some Muslims, to distinguish between law as a branch of religion and law as a secular product... 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
menjelaskan lebih detail tentang arti dalam demokrasi, hak hak manusia dan masyarakat madanxvii, ... more menjelaskan lebih detail tentang arti dalam demokrasi, hak hak manusia dan masyarakat madanxvii, 338 hlm.: ilus.; 26 c
Dengan penelitian lapangan di seluruh Aceh, para penulis buku ini berhasil menjelaskan perubahan ... 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
Publication details for: Islam, Law and Equality in Indonesia: An Anthropology of Public Reasonin... more 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.
For some Muslims, to distinguish between law as a branch of religion and law as a secular product... 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
menjelaskan lebih detail tentang arti dalam demokrasi, hak hak manusia dan masyarakat madanxvii, ... more menjelaskan lebih detail tentang arti dalam demokrasi, hak hak manusia dan masyarakat madanxvii, 338 hlm.: ilus.; 26 c
Publication View. 47723596. The shift in Zakat practice in Indonesia : from piety to an Islamic s... more 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. ...
Publication View. 22107537. Islamising Indonesian laws? : legal and political dissonance in Indon... 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. ...
Dengan penelitian lapangan di seluruh Aceh, para penulis buku ini berhasil menjelaskan perubahan ... 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.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into... 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.
Indonesia has probably the fastest changing legal system in the Muslim world. This book represent... 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
This chapter addresses the completed, as well as the ongoing, processes of the
constitutionalizat... 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.
Indonesia. Democracy and the Promise of Good …, 2007
Publication View. 47723270. Muslim politics in Indonesia's democratisation : the religious ma... 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. ...
The plural legal constellations in Aceh have been present since before Indonesia's independe... 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).
urisdiksi Peradilan Agama atas sengketa-sengketa
hukum ekonomi syariah masih terbilang baru.
Seja... 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.
This article attempts to trace the influence of the colonial legacy in the formation of zakat (al... 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.
Indonesia’s post-Suharto (reigned 1966 to 1998) democratization has paved the way for an increase... 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.
Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between t... 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.
This article seeks to introduce an autoethnography as a method in studying Islamic law. Through a... 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.
An earlier version of this article was presented as part of the requirements for the course &... 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 ...
TARBIYA: Journal of Education in Muslim Society, 2016
This present paper explored historical references of debate trend to be proposed as one of learn... 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 SOC... 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 ...
... Jika di Aceh sejak rnasa pemerintahan Sultan lskandar Muda telah eksis pranata hukurn yang me... 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 ...
... Negara dan Cendekaiwan Muslim Indonesia Orde Baru. In Pembangunan dan Kebangkitan Islam di ... 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. ...
The present book is important as it seeks to provide adequate answers to the above questions. It ... 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.
Michael Feener's close examination of the intellectual development of Islamic law in Indonesia is... 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
Abstract: Publication details for: Islam, Law and Equality in Indonesia: An Anthropology of Publi... 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 ...
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Papers by Arskal Salim
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.
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.
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
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.
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.