The Position of Islamic Law in the Indonesian Legal system (1900- 2003)

Wahyudi, Yudian (2015) The Position of Islamic Law in the Indonesian Legal system (1900- 2003). Buku, Vol. 1 (No. 1). Pesantren Nawesea, Yogyakarta. ISBN 978-979-1682-42-8

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Abstract

This book1 chronologically surveys the development of Islamic law in the Indonesian socio-political setting under the Dutch (-1942), Japanese (1942-1945) and post-independence ( 1945-to present) governments. The development will be analyzed from the perspective of continuity and change in three main areas. First of all, it underlines the continuity and change in theme from pure ritualism to human interactions and even criminal law. The second dimension of the focus is on theoretical and practical legal needs in the light of human resource development, by concentrating on the change in Indonesian Islamic legal authority from kyais (TraditionalistIslamic boarding school graduates and Javanese-sufi style Islamic leaders) to self-educated and Wahhabite-inspired pan-Islamist legal thinkers, new intellectuals ("secular" nationalist graduates of Dutch educational system), and then new Muslim intellectuals (Muslim graduates of Dutch, and then Western, institutions of higher education); from independent legal thinkers to collections of the legal opinions of Islamic organizations; or from Shafiism to Wahhabite-inspired "pan-Islamism" (the slogan "Return to the Qur'an and the Sunna"-inspired non-madhhabism), state authorities, the House of Representatives and then the People's Consultative Assembly; from "yellow" and "white" fiqh texts to state laws ("positivism"). Finally, this study pays a great deal of attention to women's voices on the impact of implementation of Islamic law on their affairs.

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