10. Sharia and national law in Indonesia

Abstract

This chapter adresses the relationship between sharia and national law in Indonesia.The historical sections 10.1-10.4examine the (pre)colonial pluralities of law, and subsequently relate how Indonesia has accommodated sharia in its laws, administration, and court system, from independence in 1945 until today.The sections 10.5-10.8pay attention to the law presently in force.While the constitution does not mention Islam explicitly, the government is keen to coordinate religious affairs and prevent excesses.The Ministry of Religion plays an important role in this respect.Religious Courts, as branches of the national judiciary, mainly hear marital disputes, but have recently been given jurisdiction in economic matters as well.The Marriage Act of 1974 is the main sharia-based law; in its provisions Indonesia has kept a significant distance from the patriarchal norms of classical sharia.In 1991, an official Compilation of Islamic Law, drafted by scholars and judges, was promulgated.It contains three chapterson marriage, inheritance, and religious endowmentswhich, beside the law, should serve as main reference for the Religious Courts.In the province of Aceh, with its special autonomy, sharia-based law also extends to certain criminal offences.Table of contents 10.1 The period until 1920.Sharia and scholars between three fires The Dutch East India Company The colonial state and sharia Legislative policies, adat law and sharia in the late colonial state 10.2The period from 1920 until 1965.The rise of nationalism, independence, and Sukarno's rule The end of colonialism and the birth pangs of independence Islamist rebellions, Islamic politics, administration, and law in the young republic 10.3The period from 1965 until 1985.The heyday of Suharto's New Order Political control, bureaucratisation and two major laws The Council of Indonesian Religious Scholars (MUI) 10.4The period from 1985 until the present.The late New Order, the Reformasi, and recent developments Suharto's pro-Islam policies and mounting criticism The fall of Suharto, winds of constitutional change, and the Islamic axis Decentralisation and local sharia-based regulations Dynamics of Islam and politics from Abdurrahman Wahid to Megawati The presidency of SBY (Susilo Bambang Yudhoyono) 10.5 Constitutional law Religious Courts The Ministry of Religion The Compilation of Islamic Law and its legal status Human rights Decentralisation 10.6 Family and inheritance law Article 2 and the validity of marriages Interreligious marriages Divorce and repudiation Two procedures Divorce by repudiation (talak) Suing for divorce (gugat cerai) Polygamy Inheritance law Practices and trends in the Religious Courts 10.7 Criminal law 10.8 Economic law and religious foundations Islamic banking law Almsgiving law or Islamic taxation

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