Author: Nadirsyah Hosen Publisher: Institute of Southeast Asian Studies ISBN: 9812304029 Category : Law Languages : en Pages : 282
Book Description
This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.
Author: Michael Buehler Publisher: Cambridge University Press ISBN: 1107130220 Category : Law Languages : en Pages : 285
Book Description
An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.
Author: Melissa Crouch Publisher: Cambridge University Press ISBN: 9781108737081 Category : Law Languages : en Pages : 447
Book Description
Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Author: Rainer Grote Publisher: Oxford University Press, USA ISBN: 019975988X Category : History Languages : en Pages : 755
Book Description
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Author: Donald L. Horowitz Publisher: Cambridge University Press ISBN: 1107355249 Category : Political Science Languages : en Pages : 345
Book Description
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author: Tamir Moustafa Publisher: Cambridge University Press ISBN: 1108334075 Category : Law Languages : en Pages :
Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: Syafiq Hasyim Publisher: BRILL ISBN: 900453489X Category : Law Languages : en Pages : 477
Book Description
This book is a succinct and critical account on the shariatisation of Indonesia, the largest Muslim country in the world. It comes with an important conclusion that the change of such a non-theocratic state like Indonesia into a theocratic state is highly possible when its law is penetrated by those who want to change the state system.
Author: Abbas Amanat Publisher: Stanford University Press ISBN: 0804779538 Category : Religion Languages : en Pages : 265
Book Description
This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Author: Nadirsyah Hosen
Author: Michael Buehler
Author: Melissa Crouch
Author: Denny Indrayana
Author: Rainer Grote
Author: Dian A. H. Shah
Author: Donald L. Horowitz
Author: Tamir Moustafa
Author: Syafiq Hasyim
Author: Abbas Amanat