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Title: Shari’a and Politcs in Modern Indonesia
Editor: Dr. Arsekal Salim and Prof. Dr. Azyumardi Azra
Publisher: Institute of South East Asia, Singapore 2003
Pages: 362
It is a Pandora’s Box when it comes to the application of Islamic Shari’a law and Pancasila – like dismissing the debate of “seven words” in “Djakarta Charter”, -- it has opened up in a such a way, like when Soeharto officially stood for ICMI (Indonesian Muslim Academic/Intellectual Union) which was then headed by B.J Habibie.
The syari’atisation strategy in Indonesian politics changed when demands shifted from constitutional (kulliyah) to artificial (furuiyyah) demands. As RUU and other regulations which indicatethe adaptationof syari’a law, began to appear everywhere. Starting with RUU banking that was authorized in 1998. This paved the way for establishment of Bank Muamalat Indonesia (BMI) in 1990 by Soeharto, which was followed by the opening of counter Syari’a in government owned public banks (pg.154-158). Specifically, Law No. 10/1998; Zakat Law No. 38/1999; Pilgrimage Law No. 17/1999.
It is not only those who control conservative Islamic idealism, who are involved in creating these syari’a laws. In fact it began with a group of Soeharto’s loyal followers, political tramps, investors, capitalists and bankers who were all following the competition. With many moral claims, all the artificialelements of Syari’a law have suddenly become popular political commodities that are dominating Indonesian political discourse.
The political commodification of artificial elements of Syari’a law continues today, particularly in areas which are applying the Regional Autonomy Law No. 22/1999 and No. 25/1999 concerning central-regional balance of finance (distribution of money/funds), as well as the Special Autonomy Law for Aceh No. 44/1999. There are several emerging examples of regional policies of this kind, as well as Bupati decrees such as, Jum’ah Prayer, Ramadhan Month,Obligation to read the Qur’an and (give)Zakat.
The increasingly noisy voices and fatwa(’s) from Majelis Ulama Indonesia (MUI) in central areas and in other areas concerned with this matter, are accompanied by the political tramps and owners of capital who are trying to close the gap, so they can establish power platforms in the area. This phenomenon is what is meant by creeping syari’atisation Indonesian style.
This book does not pretend to provide detailed explanation about groups or people who are closely associated with the emerging syari’a legislation. Rather it focuses more on the chronological history and process of saryi’atisation in Indonesia, beginning with the “seven words” debate in “Djakarter Charter” and continues up until the present struggle of regional autonomy.
Apart from Azyumardi Azra and Arsekal Salim, others have contributed articles to this book. Among others, there is Ratno Lukito who focuses on the legal struggles post independence; M.B Hooker is concerned with the State’s struggle and the application of Syari’a law in Indonesia; Nur Ahmed Fadhil Lubis, focuses on State policy concerning the development of Islamic law; R.W. Hefner covers the Islamisation of capitalism in Indonesia. Howard Federspiel writes about Islamic values, the Law and Expectations in Indonesia.
By Ahmad Suaedy, Executife Director of the WAHID Institute. |