Buehler, Michael and Dani Muhtada. 2016. Democratization and the Diffusion of Shari’a Law: Comparative Insights from Indonesia, Southeast Asia Research, Vol. 24, No. 2, (261-282). (original) (raw)
Related papers
Taking the discussion in the existing literature on the adoption of shari’a laws in democratising Muslim-majority countries as a starting point, we posit that there are two broad motivations for democratically-elected politicians to adopt shari’a laws and regulations: ideological conviction on the one hand and response to the expressed or perceived preference of constituents on the other hand. The ‘demand side’ can be further divided into the preferences of individual voters, and the interests of groups which act as power brokers, influencing the voting choices of individual citizens. These groups may be economic, religious, or other actors. These motivations are not mutually exclusive; the passage of a given shari’a regulation may fulfil two or all three of them simultaneously. However, we posit that the interaction between the place, timing, and content of shari’a laws passed in a nation as a whole will vary in various predictable ways, according to the dominant motivations. The dominant motivation may also affect the vigour with which the law is implemented.
Fitted Sharia in Democratizing Indonesia
JOURNAL OF INDONESIAN ISLAM, 2018
This article argues that the so-called shariainspired regulations have been locally fitted through democratic processes that engaged together the elected legislative body and the executive office as well as various social groups. It bases on a qualitative fieldwork in Cianjur, a district in West Java Indonesia. There are three underpinning factors to the fitted sharia. First, it is possible because the discursive elements of sharia that enabled the Islamists to find a local and perhaps diluted, and more moderate formulation of sharia. Second, social diversity with no single group predominating required compromise and political alliance within and between the Islamist and non-Islamist groups. Third, the so-called sharia has number of secular functions related to politics, economy, and local custom that eventually brought the contesting groups to compromise. Thus, the resurgence of the sharia-inspired regulation is driven by various factors ranging from religiosity and piety to the practical and pragmatic reasons.
The State Legal Policies on Sharia Application in Changing Pattern of Indonesia’s Islamic Movements
Al Hurriyah : Jurnal Hukum Islam
Legal politics are inextricably linked to power politics. Political dynamics in Indonesia are always colored by the dynamics of Islamic politics, as most Indonesians' political aspirations are influenced by Islamic views. This paper examines the evolution of Islamic law in the modern Indonesian democratic system, particularly after the reform era. Indonesia's democratisation gave rise to freedom of expression and opinion. Even today, Islamic conservatism is growing in Indonesia, but this does not mean that radical Islamist groups are gaining strength. Many political organisations, including Islamic parties and other Islamic movements, have liberated themselves and broadened their organisational philosophies in order to address broader issues and concerns. While maintaining their Islamic identity, some Islamic groups are turning towards the secularization of their goals and objectives as a means of adapting to the changing political environment. Political analysts refer to th...
The Mechanisms of Policy Diffusion: A Comparative Study of Shari'a Regulations in Indonesia
This study investigated how shari’a regulations diffused across different jurisdictions in Indonesia. The focus of this study was on the process of the diffusion, looking at three different aspects of diffusion: factors, actors, and mechanisms. It addressed these questions: What types of actors were involved in the process of the diffusion? How did the dynamics of the interaction between actors lead to the introduction of shari’a regulations? What mechanisms were in place in order to facilitate the diffusion of shari’a regulations? To answer these questions, this study employed a comparative approach, by exploring the process of shari’a regulation diffusion in two selected districts: Padang and Kuningan. Analyzing the contents of two kinds of shari’a regulations (zakat and the Islamic knowledge regulations), this study indicated two points: First, the two categories of shari’a regulations demonstrated the different patterns of diffusion. These different patterns of diffusion were shaped by legal and socio-historical contexts. Second, the content analysis also showed some duplication of provisions among similar shari’a regulations in different jurisdictions. Using the process tracing method, this study investigated the process of diffusion. Three findings were highlighted. First, the diffusion of shari’a regulations in both districts was influenced by similar external and internal factors. However, the influence of internal factors in Padang, West Sumatra, seemed to be stronger than the influence of these factors in Kuningan, West Java, due to the involvement of cultural factor. Second, this study showed that go-between actors i.e., the local MUIs and its networks) played a very crucial role in the diffusion of shari’a regulations. They brought the ideas of Islamic shari’a, initiated the causes of local shari’a regulations, and mobilized all of their resources to reach their goals. Third, the spread of shari’a regulations occurred under one of these mechanisms: learning, emulation, and socialization. This study indicated that the three diffusion mechanisms were possible because of two necessary conditions: a) the direct or indirect influence of external factors; and b) the present of strong local Islamic groups or clerics, who initiated the causes of local shari’a regulations and mobilized all possible resources in order to achieve their goals. However, these two conditions were not sufficient without two other conditions: a) the political support of the district heads and or the local legislatures; and b) the absence of a strong resistance from interest groups.
International Journal of Social Science and Religion (IJSSR)
Islamism is an ideology and a movement that seeks to build an Islamic order in the form of an Islamic state and the enforcement of sharia law. However, in Indonesia during the democratization period in the early 2000s, many Islamic organizations, including Islamic parties and Islamic movements, liberated themselves from hiding and even opened their organizational philosophies to accommodate wider issues and concerns. While retaining their Islamic identity, some Islamic groups are turning towards the secularization of their goals and objectives as a means of adapting to the changing political environment. Political analysts refer to this development as post-Islamism. This change in attitude is to some extent due to the fact that Islamic legal institutions have become more prominent since the reform era. While retaining their Islamic identity, Islamic groups are turning towards the secularization of their goals and objectives as a means of adapting to the new political environment and...
After Shari‘ah: Islamism and Electoral Dynamics at Local Level in Indonesia
global journal al thaqafah
In recent years, scholars have considered that in addition to the ideological factor, the implementation of shari’ah in Indonesia is caused by voter mobilization. In other words, shari’ah regulatory policy at local level is influenced by the interests of local politicians to influence voter preferences in seeking votes and winning elections. This article reviews some of the theses by analyzing Islamism and electoral dynamics in two regions which implement many shari’ah regulations. This article deals with the latest trends “after shari’ah” (as being or has been applied), looking for similarities and differences, as it predicts the future by correlating local shari’ah and electoral issues in Aceh and South Sulawesi. The article found that there is a tendency for local politicians to no longer use shari’ah issues as the primary means of mobilization to influence voters. It is also found that the Islamic shari’ah no longer affected voter preferences at grassroots level in both Aceh and...
The Political Economy of Sharia and the Future Trajectory of Democracy in Indonesia
2019
• Under the first Jokowi administration (2014-2019), "sharia economy" gained increased support from the state. Arguably, this will be more evident in Jokowi's second term, as the new vice-president Amin Ma'ruf, has been an ardent advocate of the sharia economy over the last three decades. • While the notion of sharia economy is dynamic and evolving, it has gained greater traction because the liberal and capitalistic nature of the present economic system is not acceptable to Islamists. • The advocacy of sharia economy is partly driven by the desire for more economic and social justice for Muslims, but it also reflects the Islamists` growing political assertiveness. Sharia economy can create social segregation and discrimination against religious minority groups in Indonesia. Halal economy is one example. • The state's support for sharia economy demonstrates the new tendency of Islamisation in Indonesia to extend beyond cultural Islamisation to structural Islamisation.
Abstract There are some questions on the relationship between Islam and state that can be traced from the early age of Islam. How do the Muslims follow Rasulullah’s example? What messages can be taken from Rasulullah’s “involvement” in the affairs of state? How is the relationship between religion and state? Do the Islamic countries exist? If yes, what criteria or indicators can be used to determine them? Is it right that the Islamic countries must be named caliphate (khilafah)? Why do the Islamic countries now have different forms of state or governmental systems? Where is the position of sharia (religious law) in Muslims’ social life? Where is the position of sharia in state and political life? How are the opportunities and challenges for the sharia of Islam in democratic countries like Indonesia? These are question that will be answered in this article. Key words : Islamic state, caliphate, democracy , Indonesia
Jurnal Indo-Islamika, 2012
This paper looks at the roots as \Veil as the sources of those dissonances. It observes a number of conditions that make the ar!iculation of religious la\v dissonant. It argues that more direct dissonance is discernible bet\veen the aspiration for the fonnal 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 al\o\ved :,i1ari'a to be incorporated in many \vays into its legal system, nationally and regionally, it concludes that the state continues to control and restrict this dispersion and that sbilli'a remains tightly confined in Indonesia