Challenging the Secular State: The Islamization of Law in Modern Indonesia » (New)

"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.

Introduction 1 I Shari'a and the Nation-State
1 The Notion of Shari'a 11
2 Is There Unity of Islam and the State? 16
3 Dissonant Implementation of Shari'a 24
4 Between Nation and Millet 33 II Islamization and Nationalism
5 Islamization in Indonesia 45
6 Different Conceptions of Nationalism 51
7 Formation of the Indonesian State 59
8 Reproducing the Millet System 70 III The Constitutionalization of Shari'a
9 Constitutional Dissonance 79
10 Bringing Back the 'Seven Words' 85
11 The Failure of Amendment 94
12 Limiting Human Rights 108 IV The Nationalization of Shari'a
13 The Institutionalization of Zakat 115
14 Managing the Collection of Zakat 120
15 Legislating Zakat Payment 127
16 Overlapping Zakat and Taxation 133 V The Localization of Shari'a in Aceh
17 Formalizing Shari'a Locally Through Ulama 143
18 Ulama and Qanun Lawmaking 154
19 After the Tsunami 163 Conclusion 169 Notes 179 Glossary 221 References 227 Index 249