Fiqh Reconsidered: Indigenization and Universalization of Islamic Law in Indonesia

Developments in the Islamic world outside of the MENA region traditionally receive little scientific attention. Contrary to this trend, this article focuses on current debates on and developments in the methodology of Islamic Law in Indonesia that are intertwined with the larger process referred to as ‘indigenization of Islam’ in the Southeast Asian country. The pluralistic nature of law in Indonesia leaves room for a rather theoretical and non-juridical discussion of fiqh and enables a renewed exploration of Islamic Law. While easily perceived as a purely religious endeavor, this process comprises important political, social, and religious components and aims at balancing out religious and legal demands and Indonesian culture. By taking various documents and multiple perspectives on Islamic Law into account, this article illustrates the emergence of a genuinely Indonesian Islam and proves how elements of indigenization, globalization, and universalization characterize the process.

India - Myanmar Relations (1948 - 1992): From “Idealism” to “Realism” in India’s Foreign Policy towards Myanmar

India and Myanmar are two neighboring countries that share the border of nearly 1.500km and have the relationship on history, politics, culture, ethnic... from over 2.000 years to present. India officially established diplomatic relations with Myanmar, just after this Southeast Asian country gained independence (1948). From 1948 to 1992, the bilateral relationship was influenced by India’s foreign policy towards Myanmar, especially the impact of “idealism” and “realism” in India’s policy. “Idealism” succeeded in India’s foreign policy towards Myanmar from 1948 to 1962; however, it was not effective in the period 1962 - 1988, which made India’s position severely decrease, contrary to the rise of China’s position in Myanmar. For this reason, India must innovate the foreign thought, moving from “idealism” to “realism”, which have more pragmatic quality to Myanmar in the years 1988 - 1992 when the international and regional contexts have many changes. On the basis of the reference sources, this research’s aim focuses on analyzing the foreign policy adjustment of India, especially this study will focus on the issue of India - Myanmar relationship (1948 - 1992) was dominated by the “idealism” and “realism” in the planning of foreign policy of India towards Myanmar. The scope of this research is the relationship between India and Myanmar from 1948 to 1992 under the influence of “idealism” and “realism” in India’s foreign policy. From the early 90s of the 20th century, India’s foreign policy towards Myanmar has been more realistic than in the previous period, especially since 1992, when India implemented its new foreign policy, the Look East Policy. Received: 4 February 2021 / Accepted: 9 April 2021 / Published: 10 May 2021

Addressing police corruption in Southeast Asia: Politics, participation, and public management reform

© 2020 National Research University Higher School of Economics. All rights reserved. As people’s interests and concerns on public safety have risen in Southeast Asia, academia has witnessed the growth of public management research on police corruption in the region. Little effort has been made to systematically analyse police corruption studies in Southeast Asia, therefore, we investigate what has been researched on police corruption in Southeast Asia in the field of public management. We present what research focuses there have been regarding anti-corruption measures and how they have changed over the last two decades, and then we offer suggestions for future research on this topic. Our analysis shows that political will was the most studied strategy in managing police corruption in the region, while anti-corruption agencies, police institutional reform and public participation have also been emphasized over time. Each Southeast Asian country places different emphases on these themes depending on the country’s unique context and experiences.

Addressing police corruption in Southeast Asia: Politics, participation, and public management reform

© 2020 National Research University Higher School of Economics. All rights reserved. As people’s interests and concerns on public safety have risen in Southeast Asia, academia has witnessed the growth of public management research on police corruption in the region. Little effort has been made to systematically analyse police corruption studies in Southeast Asia, therefore, we investigate what has been researched on police corruption in Southeast Asia in the field of public management. We present what research focuses there have been regarding anti-corruption measures and how they have changed over the last two decades, and then we offer suggestions for future research on this topic. Our analysis shows that political will was the most studied strategy in managing police corruption in the region, while anti-corruption agencies, police institutional reform and public participation have also been emphasized over time. Each Southeast Asian country places different emphases on these themes depending on the country’s unique context and experiences.

Brunei’s Sharia Penal Code Order: Punitive Turn or the Art of Non-Punishment?

In his essay, Dominik M. Müller takes an historical approach. He traces Brunei’s new Islamic criminal code back to the country’s independence in 1984, and even further, to the so-called Anglo-Mohammadan law established by the British protectorate earlier in the twentieth century, and to the Hukum Kanun Brunei before that—some version of which may have stretched all the way back to Islam’s arrival to Borneo in the fifteenth century. Müller is the first to assess the Code based on the evidence, albeit from Phase One. From 2014 to 2019, Phase One saw some application of the new Islamic Code to misdemeanors, but the degree paled in comparison with applications of the existing state Code. Looking at a twelve-month period from 2015 to 2016, Müller counts a total of 247 prosecutions under the new Code, all including fines (with the corporal punishments of the new code from Phases Two and Three not yet in effect). He puzzles over the expressions of surprise among the international media outlets at the new Code, given the long history that preceded as well as the legislative history that followed the phased introduction of the new law announced in 2013, and the minor penalties since. Müller then contrasts the international criticism with the local response: feeling under attack, an educated elite and other social media influencers in Brunei closed ranks in support of the new Code under the banner #BruneiUnited. For Müller, while none of these developments should have surprised the world, the fact that they did likely follows from the fact that Brunei is both historically relatively insular and the “academically most understudied Southeast Asian country.” If true, his observation underscores the extent to which more research is required.