scholarly journals Islamic Revivalism in Indonesia: The Caliphate, Sharia, NKRI, Democracy, and the Nation-State

2020 ◽  
Vol 5 (2) ◽  
pp. 281
Author(s):  
Fahlesa Munabari ◽  
Nadia Utami Larasati ◽  
Rizky Ihsan ◽  
Lucky Nurhadiyanto
Keyword(s):  
Islamic Law ◽  
Government Policies ◽  
Nation State ◽  
Islamic State ◽  
Indonesian Government ◽  
Islamic Activism ◽  
Islamic Revivalism

This research examines Indonesian Islamic revivalist movements’ perspectives on the concepts of the nation-state and democracy. The Islamic revivalist movements studied in this research include Hizbut Tahrir Indonesia (HTI), Front Pembela Islam (FPI), Majelis Mujahidin Indonesia (MMI), and Forum Umat Islam (FUI). Following the fall of the authoritarian Suharto’s regime in 1998, Indonesia witnessed an escalation of Islamic activism whose goals revolve around the implementation of Sharia (Islamic law) and, to a certain extent, the reestablishment of a caliphate (transnational Islamic state). To this end, revivalist movements have been staging frequent mass protests, mainly addressing Indonesian government policies that are deemed un-Islamic. Some of the protests have ended violently, which implies that their Sharia and Islamic state goals have become a source of conflict in Indonesian society. This research suggests that this violent activism stems from different versions of the concept of the nation-state and democracy, which disagree with broadly accepted definitions. This research was conducted against this backdrop to analyze each movements’ perspectives on the concept of nation-state and democracy and argues that, despite each movement advocating the implementation of Sharia, their understandings of the concepts of the nation-state and democracy differ.

The Evolution of Islamic Law of Nations and the Modern International Order

2000 ◽  
Vol 17 (2) ◽  
pp. 57-80
Author(s):  
Mashood A. Baderin
Keyword(s):  
United Nations ◽  
International Law ◽  
Islamic Law ◽  
International Order ◽  
Theory And Practice ◽  
Universal Declaration ◽  
Nation State ◽  
Islamic State ◽  
Law Of Nations

As traditionally understood, the Islamic State and the Shari’ah havebeen seen inimical to contemporary international law, membership inthe United Nations Organization, and the Universal Declaration ofHuman Rights. Hardline advocates of the Shari’ah argue that the institutionof nation-state and modem internationalism are hostile to theIslamic polity. The position taken here, however, argues quite the opposite.Through looking at the theory and practice of Islamic Law, it isclaimed that the Islamic Law of Nations is evolutionary in character.The participation of Muslim nations in the modem international orderis not antagonistic to the principles of Shari’ah. Islamic law can accommodatethe modern international order on the basis of cooperation andpeaceful coexistence.

scholarly journals Membangun Teori Politik Hukum Islam di Indonesia

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Abdul Halim
Keyword(s):  
Political Theory ◽  
Islamic Law ◽  
The State ◽  
Constitutional Theory ◽  
Nation State ◽  
Positive Contribution ◽  
Islamic State ◽  
Islamic Country ◽  
Source Level

Abstract: Constructing a Political Theory af Islamic Law in Indonesia. This study confirms that the transformation of Islamic law into national law has no correlation with the struggle towards an Islamic country or Islam as the foundation of the state. Islamic law legislation are regulations that have a positive contribution to strengthening the commitment of Muslims towards the Indonesian nation-state. This study refutes the notion that the accommodation of Islamic law within legislation is an agenda aiming towards an Islamic state. The process of accommodation of Islamic law does not need to be feared, because the process is supported by the power of cultural Islam. Besides, Islamic law is at the legal source level so that the accommodation into pre-legislation undergoesstringent testing in order to always be in accordance with Pancasila and the 1945 Constitution.Keywords: politic law, legislation, Islamic law, constitutional theory and the theory of accommodationAbstrak: Membangun Teori Politik Hukum Islam di Indonesia. Studi ini menegaskan bahwa transformasi hukum Islam ke dalam hukum nasional tidak memiliki hubungan dengan perjuangan menuju negara Islam atau Islam sebagai dasar negara. Legislasi hukum Islam menjadi perundang-undangan memiliki kontribusi positif dalam memperkuat komitmen umat Islam terhadap negara kebangsaan Indonesia. Studi ini membantah pendapat yang menyatakan bahwa akomodasi hukum Islam oleh peraturan perundang-undangan merupakan agenda menuju negara Islam. Proses akomodasi hukum Islam tidak perlu dikhawatirkan karena proses itu didorong oleh kekuatan Islam kultural. Selain itu, hukum Islam berada pada tataran sumber hukum sehingga akomodasinya ke dalam perundang-undangan terlebih dahulu mengalami pengujian yang ketat agar selalu sesuai dengan Pancasila dan UUD 1945.Kata Kunci: politik hukum, legislasi, hukum islam, teori konstitusi dan teori akomodasiDOI: 10.15408/ajis.v13i2.938

PERDAGANGAN ETHEREUM DI INDODAX EXCHANGE DALAM PERSFEKTIF SYARIAH

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhamad Khoirul Umam
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Islamic Law ◽  
Indonesian Government ◽  
Advantages And Disadvantages ◽  
Digital Asset ◽  
Research Questions ◽  
Financial Transactions

In view of Islamic law Ethereum as a digital asset that is traded in cyberspace.The value of cryptocurrency surges and fluctuates, it is influenced by buying and selling demand. Indodax exchange is an official digital asset site in Indonesia that trades more than 40 digital currencies.The purpose of this study is to analyze whether cryptocurrency is worthy of value as money having a certain value, and also seen from the Indonesian government through Bank Indonesia has issued regulation No. 16/8/PBI/2014, which explicitly prohibits the use of bitcoin, Ethereum and altcoin for use in financial transactions in cash. So that raises research questions how the cryptocurrency law in the form of coin ethereum in Islamic law. The results of this study explain ethereum has advantages and disadvantages. Among its advantages is that users can use exchanges or transactions without a third service (bank), and can be traded at merchandise stores.However, ethereum losses are more frequent, such as fluctuating values each time, not listed as commodities, not watched by the Financial Services Authority (OJK), they present elements of gharar (uncertainty) and maysir (gambling) or (betting), which are used for money laundering and purchase of illegal drugs.Keywords: Cryptocurrency, Ethereum, Digital asset

Islamic Law and the Environment in Indonesia

2015 ◽  
Vol 19 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Anna M. Gade
Keyword(s):  
Islamic Law ◽  
Local Level ◽  
Environmental Crisis ◽  
Environmental Harm ◽  
Nation State ◽  
Critical Gap ◽  
Legal Opinions ◽  
Environmental Messages

Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect norms of Islamic law to mobilize religious response to environmental crisis. It surveys attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and activities, including those protected by Islamic law, require a healthy biosphere. Many Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion, and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question) from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and NGOs) that they increasingly incorporate.

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

Re-enacting the international order, or: why the Syrian state did not disappear

2021 ◽  
pp. 1-20
Author(s):  
Janis Grzybowski
Keyword(s):  
Civil War ◽  
International Order ◽  
The State ◽  
Nation State ◽  
Islamic State ◽  
Syrian Civil War ◽  
New States ◽  
Regime Support ◽  
Rare Opportunity ◽  
State Form

Abstract At the height of the Syrian civil war, many observers argued that the Syrian state was collapsing, fragmenting, or dissolving. Yet, it never actually vanished. Revisiting the rising challenges to the Syrian state since 2011 – from internal collapse through external fragmentation to its looming dissolution by the ‘Islamic State’ – provides a rare opportunity to investigate the re-enactment of both statehood and international order in crisis. Indeed, what distinguishes the challenges posed to Syria, and Iraq, from others in the region and beyond is that their potential dissolution was regarded as a threat not merely to a – despised – dictatorial regime, or a particular state, but to the state-based international order itself. Regimes fall and states ‘collapse’ internally or are replaced by new states, but the international order is fundamentally questioned only where the territorially delineated state form is contested by an alternative. The article argues that the Syrian state survived not simply due to its legal sovereignty or foreign regime support, but also because states that backed the rebellion, fearing the vanishing of the Syrian nation-state in a transnational jihadist ‘caliphate’, came to prefer its persistence under Assad. The re-enactment of states and of the international order are thus ultimately linked.

scholarly journals Representasi LGBT dalam Perspektif Ideologi Khilafah: Kajian Transitivitas dalam Buletin Kaffah

2019 ◽  
Vol 25 (2) ◽  
pp. 343-358
Author(s):  
Dede Fatinova ◽  
Yasir Mubarok ◽  
Ratna Juwitasari Emha
Keyword(s):  
Social Problem ◽  
Islamic Law ◽  
Social Issues ◽  
Descriptive Analysis ◽  
Controversial Issue ◽  
Theory Approach ◽  
Political Issues ◽  
Indonesian Government ◽  
Radical Ideology ◽  
New Form

Ideologi khilafah merupakan sebuah ideologi yang kerap kali diinterpretasikan sebagai ideologi yang cukup radikal. Umumnya ideologi khilafah menyoroti isu-isu politik yang bertentangan dengan syariat Islam. Namun, kali ini ideologi khilafah juga menyoroti isu sosial, yaitu LGBT. LGBT merupakan isu yang kontroversial secara global. Sementara ideologi khilafah merupakan sebuah paham yang konsepnya bertentangan dengan negara Indonesia.  Penyebaran ideologi khilafah sudah dilarang oleh pemerintah Indonesia. Namun eksistensinya masih hadir dalam rupa yang baru, yaitu pada sebuah buletin bernama KAFFAH. Kajian ini akan mengungkapkan bagaimana LGBT direpresentasikan dalam perspektif ideologi khilafah. Data dalam penelitian ini berasal dari artikel tentang LGBT pada media Kaffah, edisi 025 yang dirilis pada 26 Januari 2018. Selanjutnya data dikaji secara kualitatif dengan metode analisis deskriptif. Penelitian ini menggunakan pendekatan teori Transitivitas sebagai teori yang menyatakan bahwa bahasa merupakan representasi dari pengalaman manusia. Transitivitas ini berfokus pada tiga komponen, yaitu proses, partisipan, dan sirkumtan. Berdasarkan uraian Transitivitas, diketahui bahwa dalam perspektif ideologi khilafah, LGBT bukan hanya direpresentasikan sebagai masalah sosial, tapi juga sebagai implikasi dari tidak adanya Undang-undang yang bersumber dari hukum Islam yang secara eksplisit dapat menjerat LGBT. The khilafah ideology is an ideology that is often interpreted as a fairly radical ideology. Generally, the ideology of the khilafah highlights political issues that are contrary to Islamic law. However, the Khilafah ideology also highlights social issues, namely LGBT. LGBT is a controversial issue globally. While the khilafah ideology is a concept that is contrary to the Indonesian state. The Indonesian government has banned the spread of the khilafah ideology. But its existence is still present in a new form such as a bulletin called KAFFAH. This study aims to describe how LGBT is represented in the perspective of khilafah. The data of this study is a KAFFAH bulletin article, 025 editions, which released on January 26, 2018. Furthermore, the data were analyzed qualitatively by descriptive analysis methods. This study uses the Transitivity theory approach as a theory which states that language is a representation of human experience. The Transitivity focuses on three components; process, participants, and circumstance. Based on the description of Transitivity, LGBT is not only represented as a social problem but also as an implication of the absence of laws that originate from Islamic law which can explicitly ensnare LGBT.

scholarly journals DEMOCRATIC POLITICAL SYSTEM IN THE PERSPECTIVE OF MAQASID SHARIA : STUDY ANALYSIS OF YUSUF AL-QARADAWI’S THOUGHT

2020 ◽  
Vol 5 (1) ◽  
pp. 55
Author(s):  
Athoilah Islamy ◽  
Sansan Ziaul Haq
Keyword(s):  
Political System ◽  
Islamic Law ◽  
Primary Source ◽  
Political Life ◽  
Islamic State ◽  
Epistemological Foundation ◽  
Democratic System ◽  
Holistic Vision ◽  
The Relationship ◽  
Democratic Political System

Abstract: one of the big issue that is still debatable about the relationship between Islam and politics is how legitimate the democratic political system is in the paradigm of Islamic law. This study will explain the alternative paradigm in evaluating the democratic system based on the paradigm of Islamic law from a prominent Muslim intellectual named Yusuf al-Qaradawi. This research is a qualitative research in the form of literature review. The primary source used is a variety of literature that explains Yusuf al-Qaradawi's thoughts about democracy in Islam. The method used is the method of interpreting the thoughts of the figures with the maqasid al-shari‘ah approach. There are two big conclusions of this research. First, Yusuf al-Qaradawi's view of democracy can be said to be grounded in its epistemological foundation in understanding the concept of an Islamic state. For al-Qaradawi, an Islamic state is a system of government that provides policy improvisation space in the benefit of social, economic and political life based on the objectives of Islamic law (maqasid shari'ah). Second, Yusuf al-Qaradawi's view, the democratic system can be compatible with Islam if the principles in the democratic system are in accordance with various values which are the spirit of the objectives of Islamic law (maqasid shari'ah), such as the value of justice, equality of rights, freedom, etc. so. To realize this, the democratic system must carry a holistic vision and mission, which includes worldly and ukhrawi benefits as well as individual and social benefits.       Keywords: Validity, democracy, Yusuf al-Qaradawi, maqasid shari’ah; 

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals PUBLIC SERVICE MOTIVATION ON THE STATE CIVIL APPARATUS: “Local Government Policies Strategy in Administration Reform”

2021 ◽  
Author(s):  
M Chairul Basrun Umanailo
Keyword(s):  
Local Government ◽  
Crisis Management ◽  
State Government ◽  
Public Service ◽  
Public Services ◽  
Government Policies ◽  
Indonesian Government ◽  
Government Bureaucracy ◽  
Bureaucratic Reform ◽  
Political Groups

It is time for state servants to provide services to society in a professional, honest, fair and equitable manner in carrying out state, government and development tasks. This study aims to realize the attitude of state servants who must be neutral from the influence of all political groups and parties and not be discriminatory in providing services to the community. In the legal and governmental aspects, bureaucratic reform is a very strong issue to be realized. The methodology used in this research is descriptive qualitative with an effort to explain the phenomena in the field related to the Indonesian government bureaucracy which is suspected to have contributed greatly to the occurrence of various public service crisis management. The findings of this study indicate that there is a bureaucratic culture that is thick with bureaucratic politicization and the lack of transparency in public services. The mainactor public services has not prioritized fair service to the community. Therefore, bureaucratic reform is expected to be corrective measures against the Government's political policies so that bureaucratic neutrality occurs.

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