Blasphemy, Islam and the State: Pluralism and Liberalism in Indonesia (Hardback) book cover

Blasphemy, Islam and the State

Pluralism and Liberalism in Indonesia

By Stewart Fenwick

© 2017 – Routledge

208 pages

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Hardback: 9781138694675
pub: 2016-10-06
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About the Book

This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States.  It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution.  The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.

Reviews

'A masterly exploration of the intersection between legal, political and religious institutions in Indonesia as they engage with the difficult issue of religious freedom and blasphemy.'

Professor Abdullah Saeed, University of Melbourne, Australia

'Based on extensive fieldwork in Java, this is a beautifully written and meticulously researched account of the paradox that democratisation in Indonesia led to rising intolerance in the Muslim community. It has important implications for the wider intellectual project of reconciling Islamic thought with Western modernity.'

Professor Tim Lindsey, University of Melbourne, Australia

Table of Contents

Preface

Abbreviations

Glossary

Chapter 1: Islam and Pluralism

Setting the scene – sholat dwi bahasa

Ritual prayer – a Pillar of Islam

Islam, the Constitution and the State

Contribution of the Research – Why Rawls?

Chapter Outline

Chapter 2: Rawls and the Challenge of Faith

Political liberalism

Overlapping Consensus

Public reason

The Role of Courts

Commentary and critique

Agreement and Divergence

Conclusion

Chapter 3: Faith and Freedom in Indonesian Law

The Promotion and Protection of Religion

State, Law and Religion

Judicial review of the Blasphemy Law

The Constitution - Compromise or Compromised?

Conclusion

Chapter 4: MUI – The Institutionalising of Indonesian Islam

Islam in Indonesia

Innovation and related concepts

Innovation in Indonesian Islam

Majelis Ulama Indonesia and its fatawa

Orthodoxy Entrenched

Conclusion

Chapter 5: Case Study Part 1 – The Language of Devotion

Pondok Itikaf Jamaah Ngaji Lelaku

The publications

The fatawa

Key events

Reaction and Resonances

Conclusion

Chapter 6: Case Study Part 2 – Innovation on Trial

The Indictment

Evidence

Defence Case

Court Decision

Appeals

Blasphemy - A Case Note

Conclusion

Chapter 7: Islam, Public Reason and the State

Case Study of Post-Soeharto Indonesia

Rawls, Islam and the State

Pluralism and Liberalism in Indonesia

Rawls and Indonesian Pluralism

Postscript

Bibliography

International Instruments

Legislation and Legislative Instruments

Cases

Books and Journal Articles

Index

 

About the Author

Stewart Fenwick is an Honorary Professor of the Australian Catholic University at the Institute for Religion, Politics and Society, and an Associate of the Centre for Indonesian Law, Islam and Society, and the Asian Law Centre, University of Melbourne, Australia. He was awarded the Harold Luntz Graduate Research Thesis Prize for 2015 at the Melbourne Law School, and was awarded the Chancellor's Prize for Excellence in the PhD Thesis for 2016 at the University of Melbourne.

About the Series

ICLARS Series on Law and Religion

ICLARS Series on Law and Religion

The ICLARS Series on Law and Religion is designed to provide a forum for the rapidly expanding field of research in law and religion. The series is published in association with the International Consortium for Law and Religion Studies, an international network of scholars and experts of law and religion founded in 2007 with the aim of providing a place where information, data and opinions can easily be exchanged among members and made available to the broader scientific community (www.iclars.org). The series aims to become a primary source for students and scholars while presenting authors with a valuable means to reach a wide and growing readership.

The series editors are currently welcoming proposals for this new series on any matter falling under ‘law and religion’ widely defined. Collections arising from important conferences and events are welcome as well as monographs by both established names and new voices (including monographs based on doctoral dissertations). Also of interest are interdisciplinary works and studies of particular jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
REL037020
RELIGION / Islam / Law