Shari'a & Constitutional Reform in Indonesia

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Author :
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812304029
Total Pages : 271 pages
Book Rating : 4.8/5 (123 download)

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Book Synopsis Shari'a & Constitutional Reform in Indonesia by : Nadirsyah Hosen

Download or read book Shari'a & Constitutional Reform in Indonesia written by Nadirsyah Hosen and published by Institute of Southeast Asian Studies. This book was released on 2007 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.

Challenging the Secular State

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Publisher : University of Hawaii Press
ISBN 13 : 0824861795
Total Pages : 273 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Challenging the Secular State by : Arskal Salim

Download or read book Challenging the Secular State written by Arskal Salim and published by University of Hawaii Press. This book was released on 2008-09-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Shari'a and Politics in Modern Indonesia

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Author :
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812301879
Total Pages : 363 pages
Book Rating : 4.8/5 (123 download)

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Book Synopsis Shari'a and Politics in Modern Indonesia by : Arskal Salim

Download or read book Shari'a and Politics in Modern Indonesia written by Arskal Salim and published by Institute of Southeast Asian Studies. This book was released on 2003 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.

Constitutions, Religion and Politics in Asia

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Publisher : Cambridge University Press
ISBN 13 : 1107183340
Total Pages : 307 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutions, Religion and Politics in Asia by : Dian A. H. Shah

Download or read book Constitutions, Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Indonesia

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Publisher :
ISBN 13 :
Total Pages : 454 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Indonesia by : Timothy Lindsey

Download or read book Indonesia written by Timothy Lindsey and published by . This book was released on 1999 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia: Law and Society is a comprehensive survey of the choices facing the world's fourth-largest country at the end of the twentieth century. It focuses on current issues including human rights, political reform, labour law, women's rights, sexuality, traditional customary land rights, judicial corruption and the status of East Timor, as well as the re-emergence of Islam: issues that have been debated since independence in 1945.Recognising that Indonesia's future is now tied to the global economy, this book also examines changing commercial culture and contract models, dispute resolution, intellectual property protection, press freedom, banking, the legal profession and the role of the economic crisis in social change.This is a book designed to give both a detailed insight into the legal and social controversies of contemporary Indonesia and to provide a general introduction to its complex legal system. Current issues are considered on the context of colonial and pre-colonial influences as well as the very different regimes of Presidents Soekarno, Soeharto and Habibie. Always the emphasis is on reformasi and prospects for the future.

The Politics of Shari'a Law

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Publisher : Cambridge University Press
ISBN 13 : 1107130220
Total Pages : 285 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Politics of Shari'a Law by : Michael Buehler

Download or read book The Politics of Shari'a Law written by Michael Buehler and published by Cambridge University Press. This book was released on 2016-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.

The Politics of Court Reform

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Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Politics of Court Reform by : Melissa Crouch

Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Law and Legal Institutions of Asia

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Publisher : Cambridge University Press
ISBN 13 : 1139495836
Total Pages : 429 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law and Legal Institutions of Asia by : E. Ann Black

Download or read book Law and Legal Institutions of Asia written by E. Ann Black and published by Cambridge University Press. This book was released on 2011-03-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Religion, Law and Intolerance in Indonesia

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Author :
Publisher : Routledge
ISBN 13 : 1317327799
Total Pages : 430 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Religion, Law and Intolerance in Indonesia by : Tim Lindsey

Download or read book Religion, Law and Intolerance in Indonesia written by Tim Lindsey and published by Routledge. This book was released on 2016-05-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.

The Oxford Handbook of Islamic Law

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Publisher : Oxford University Press
ISBN 13 : 0191668265
Total Pages : 1000 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon

Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

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Publisher : Oxford University Press
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutionalism in Islamic Countries: Between Upheaval and Continuity by : Tilmann Röder (J.)

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Tilmann Röder (J.) and published by Oxford University Press. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."

Constitutional Change and Democracy in Indonesia

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Publisher : Cambridge University Press
ISBN 13 : 1107027276
Total Pages : 345 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutional Change and Democracy in Indonesia by : Donald L. Horowitz

Download or read book Constitutional Change and Democracy in Indonesia written by Donald L. Horowitz and published by Cambridge University Press. This book was released on 2013-03-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.

Indonesian Constitutional Reform, 1999-2002

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Publisher : Penerbit Buku Kompas
ISBN 13 : 9789797093945
Total Pages : 496 pages
Book Rating : 4.0/5 (939 download)

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Book Synopsis Indonesian Constitutional Reform, 1999-2002 by : Denny Indrayana

Download or read book Indonesian Constitutional Reform, 1999-2002 written by Denny Indrayana and published by Penerbit Buku Kompas. This book was released on 2008 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Law in Modern Courts

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Publisher : Aspen Publishing
ISBN 13 : 1454898445
Total Pages : 929 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Islamic Law in Modern Courts by : Haider Ala Hamoudi

Download or read book Islamic Law in Modern Courts written by Haider Ala Hamoudi and published by Aspen Publishing. This book was released on 2018-02-28 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.

Religion and Regulation in Indonesia

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Author :
Publisher : Springer
ISBN 13 : 9811028273
Total Pages : 263 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Religion and Regulation in Indonesia by : Ismatu Ropi

Download or read book Religion and Regulation in Indonesia written by Ismatu Ropi and published by Springer. This book was released on 2017-01-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the relation between state and religion in Indonesia, considering both the philosophical underpinning of government intervention on religious life but also cases and regulations related to religious affairs in Indonesia. Examining state regulation of religious affairs, it focuses on understanding its origin, history and consequences on citizens’ religious life in modern Indonesia, arguing that while Indonesian constitutions have preserved religious freedom, they have also tended to construct wide-ranging discretionary powers in the government to control religious life and oversee religious freedom. Over more than four decades, Indonesian governments have constructed a variety of policies on religion based on constitutional legacies interpreted in the light of the norms and values of the existing religious majority group. A cutting edge examination of the tension between religious order and harmony on one hand, and protecting religious freedom for all on the other, this book offers a cutting edge study of how the history of regulating religion has been about the constant negotiation for the boundaries of authority between the state and the religious majority group.

Courts and Diversity

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Publisher : BRILL
ISBN 13 : 9004691693
Total Pages : 311 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Courts and Diversity by : Bertus de Villiers

Download or read book Courts and Diversity written by Bertus de Villiers and published by BRILL. This book was released on 2024-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

Constitutionalism in Asia in the Early Twenty-First Century

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107043417
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutionalism in Asia in the Early Twenty-First Century by : Hongyi Chen

Download or read book Constitutionalism in Asia in the Early Twenty-First Century written by Hongyi Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.