Download Free Sample

Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism

The book "Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism" by author Arskal Salim in 2015, discusses and identifies the changing legal system in the Muslim world. The author discusses the legal system in the Muslim world, especially in Indonesia, which shows the ethnographic account and relates to legal pluralism. with the national Supreme Court in Indonesia. Additonally book highlights about the key legal systems impacting the disputes are inherited, like laws pertaining to marriage or the issues faced during divorce cases. Even the legislation introduced around the law-making or facing land disputes. Legal systems impacting the non-Muslims, such as the shari'ah, are being advocated in the religious courts. The book includes some of the Indonesian legal case studies that have faced a post-disaster situation.

In the book, the case revolves around the disastrous situation, during 2004 affecting Aceh legal system. It describes about the law disputes and some of the legal systems being contested around that caused havoc in the 2004 tsunami. It identifies time period, where in Aceh was affected, by the changing national and regional legal structure within the province. The changing laws focus on the diverse patterns as observed with the multiple actors, especially around the different institutions (local, national and international) and even affecting official and unofficial. Post December 2004 earthquake and tsunami that impacted Aceh, how the legislation changed during the judicial, political and social-cultural.

Legal systems associated with land rights, like property rights or having defined power relations, conflict rules, gender problems and relationships, along with facing challenges in the decisions, and following existing norms. Such disputes can happen at various levels with the changing legislation system like affecting negotiation or adjudication, which can happen regardless of whether to settle or not. Most of the legal systems cover and impact the villages and courts. Legislation introduced and followed is made by the provincial government along

The book identifies the plural systems in the legislation, especially applied in the social and political systems experienced in the Aceh contributing to the rapid changes faced in the Aceh’s legal structure. The official system in the position of the Sharia court has strengthened, with the jurisdictions extended and supported by the Sharia penal law, that is being enforced in all systems areas of Aceh. It also does not mean sharia is ‘the only game in town’. By consistently increasing the jurisdictions of the Sharia court, has been shaped up by several legislation, and jurisdiction contesting by the civil judiciary along with traditional adat. Adat is the ‘living law’ that is being practised by the Acehnese community, not advocated and emphasized by the book laws, but still, continues to influence the large legal aspects of people’s lives. The growing KHI includes the official reference ‘law in books’ and continues to influence many legal aspects of people's lives. The use of the KHI includes the official reference when it comes to resolving court disputes, and local religious leaders, but having legal opinions disputes of the traditional Shafi‘i jurisprudence when it comes to family law cases. Most of the penal cases include the non-formal methods along with facing the social sanctions, that are being directed towards the local leaders and affect the formal legislation, procedures and sanctions. In most of the non-formal methods, it is the effective resolutions impacting the disputes.

The official implementation of sharia in Aceh started in 2001 caused a greater impact on the provincial government and reached its in peak 2005/6. Adopting the attitude changes, implementation of the Sharia act in Aceh, which was notably seen around 2007 during the newly appointed governor named Irwandi Yusuf. The leader’s insights of the Islamic groups show growing impacts in Aceh that have a pessimistic group impact of political support and Sharia application.

In 2008, the restructuring was done, as a part of the systematic efforts, that led to havoc experienced by the government in Sharia Aceh. It started in 2008, as a direct control in DSI over the Wilayatul Hisbah transiting in Satuan Polisi Pamong Praja (Municipal Police Unit). But in 2009, Governor Irwandi did not approve two qanuns debating Islamic criminal law and associating it with the death penalty. It was during this time from the period 2007-2012 when Governor Irwandi faced public canning of the number of offenders in Aceh. He even continued sentencing the Mahkamah Syar’iyah. Reportedly, governor Irwadi has not been keen to continue with the practice of public canning in Aceh as it would discourage foreign investment, causing negative impacts on foreign audiences taking an investing interest in Aceh (Salim 2015).

Additionally, the book also supports the legislation of the implementation of qanuns that settle disputes being undertaken at a village level. It shows the growing dispute and issues faced at the village levels have been specifically important at the higher levels. Growing legal pluralism in Aceh has caused disputants or the people impact discover opportunities when it comes to claiming rights and seeking justice in the (sub-) legal systems. This caused the chain of events when it comes to impacting Aceh’s plural legal system that has worked against one another.

Towards the end, author in the book, describes about the changing dynamics, post the dismissal of Irwandi and appointment of Zaini Abdullah in 2012 by holding a governorship position. He was extensively supported by the vice (Muzakkir Manaf), and ex-combatant party (Partai Aceh or PA), who in 2013 gave approval of anun on Islamic penal procedural law (acara jinayat) and supported Sharia in Aceh. It concludes the growing importance of strengthening Islamic legal values true as every appointed leaders advocated the idea of Sharia and legal plularism in Aceh.