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Tradition in Transformation. ISLAMIC LEGAL THINKING: PRACTICE & THEORY, IDEAL & REALITY. Replacing Shari'ah : Criminalizing the Personal Sphere Blasphemy Law Anti-Pornography Law. Criminal Code

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replacing shari ah criminalizing the personal sphere blasphemy law anti pornography law
Replacing Shari'ah: Criminalizing the Personal SphereBlasphemy LawAnti-Pornography Law
  • Criminal Code
  • Indonesia prohibits blasphemy by its Criminal Code. The Code’s Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.
law no 1 pnps 1965 basis for defamation of religion
Law No. 1/PNPS/1965: Basis for Defamation of Religion
  • Prohibits interpretations or activities that deviate from main teachings of religions adhered to in Indonesia
creating little mecca
Creating Little Mecca?
  • Commodified Religion
  • Ritual Economy (Fisher)
  • Halalization
  • Arabization
  • Conflicting spiritualities
  • Intensified forms of piety
islamization shared authorities
Islamization: Shared Authorities
  • Indonesia: 1998
  • Majles Ulama Indonesia (MUI)
  • Nahdlatul Ulama
  • Muhammadiyah
  • Preachers, missionaries
  • Education
  • Shari’ah courts
  • Fragmentation of authority
  • Battle imagined, Arab, and real cultures
  • All Roads lead to Mecca
  • State driven (Malaysia) vs. civic Islamization
islamizing the state training specialists
Islamizing the State: Training Specialists

Malaysian National Fatwa Council

Majles Ulama Indonesia (MUI)

IAIN & UIN: contesting debates

purification of islam negotiating local cultures
Purification of Islam, Negotiating Local Cultures
  • Right foot - left foot
  • Right food: Halal
  • Clothing
  • Arabic greetings
  • Readings
  • Popular press
purifying islam role of the state
Purifying Islam: Role of the State
  • Malaysia: Balance present & spiritual life.
  • Wealth & Reason
  • Ban Mystics, visits to graves, all non rational activities
  • Build strong economy
  • Islamic knowledge
  • Indonesia: develop Islamic education
  • Find balance between traditional & puritanical
mantra shari ah
Mantra: Shari'ah
  • God’s law
  • Perfect & Universal
  • Unchangeable
  • Justice: replaces 1st and 2nd generations of human rights
  • Takes care of individuals, society, economic & political system, criminal & civil law
  • Applicable in all times and all places, regardless of local cultures or needs
shari ah
Shari’ah
  • Mohammad Hashim Kamali, Shari’ah Law:
  • Based on Qur’an (350 legal verses out of 6200)
  • Sunnah Prophet
  • Political role was a Medieval concept (Ibn Taymiyyah, d. 1328) revived by Islamist thinkers: Sayyid Qutb (d. 1966), Abu’l A’la Mawdudi (d. 1979), Muhammad al-Ghazali (d. 1992) & Yusuf al-Qaradawi.
practice shari ah
Practice Shari’ah

Islamic Revivalism:

Malaysia 1970s

Indonesia 1980s

Post-1998 developments: experimenting how & where to apply Shari’ah laws.

ideal vs reality
Ideal vs. Reality
  • Morals
  • Ethics
  • Guarding communal boundaries
  • Place non-Muslims
  • Changing perspectives on Freedom of Religion (Malang Research, 2010)
shari ah in shari ah ruled countries
Shari’ah in "Shari’ah" Ruled Countries
  • EGYPT
  • Divorce for non-Muslims ruling
becoming shari ah minded
Becoming Shari’ah-minded
  • Influences:
  • Thai Muslims, Cham Muslims Vietnam & Cambodia: Middle East, Malaysia, India
  • Indonesia, Malaysia: Middle East
visual presence of shari ah
VISUAL PRESENCE OF SHARI’AH
  • SEGREGATION
  • ENFORCED RITUALS
    • Prayer
    • Fasting Ramadan
  • WOMEN’S BODIES
    • Clothing
    • Restrictions
    • Moral police
    • Polygamous marriages
women
Women
  • VOICES OF AUTHORITY (MUSDA MULIA)
  • DRAFT MARRIAGE LAW
  • PART OF PURIFYING ISLAM
  • PART OF RETURNING TO TRADITION (SUFI CIRCLES)
  • ANTI POLYGAMY
  • ANTI-PORNOGRAPHY LAW
spotting the heretics
Spotting the Heretics
  • Ahmadiyah
  • NU
  • Darul-Arqam (1971, banned in 1994), Malaysia
political vs cultural
Political vs. Cultural
  • September 2005, an East Java court sentenced each of six drug and cancer treatment counselors at an East Java treatment center to five years in prison and an additional three years in prison for violating key precepts of Islam by using paranormal healing methods. A local MUI edict characterized the center's methods as heretical.
contested pieties
Contested Pieties
  • Mystics & Sufis from Sumatra & Java entering Malaysia
  • Sufis at large in Malaysia
adapted pieties
Adapted Pieties
  • Salafy Sufis: Arifin Illam (b. 1969)
  • Zikir berjama’ah (collective)
  • Zikir taubat (repentive)
  • Antidote against soulless scripturalism, secularization, materialism
  • Middle class Malaysia: sholat tahajjud, sholat tasbih
habib munzir almusawa 1973
HabibMunzirAlmusawa (1973)
  • Trained in Yemen
  • Preacher
  • Sufi message but no practice
  • Be a Sufi in the world
  • Love of God
  • http://www.youtube.com/watch?v=U_lp07Vd6HU preaching in Malaysia
accidental sinner
Accidental Sinner
  • The 'Accidental' Porn FanArmando Siahaan | April 10, 2011
  • PKS lawmaker Arifinto tells a press conference on Friday that he was unaware a link he received in an e-mail led to pornography. The PKS lawmaker was photographed allegedly watching pornography on his tablet computer during a plenary session in the House of Representatives.
consequences
Consequences
  • 2009: appeal, 2010 rejected.
  • Cases:
  • Praying in Arabic & Javanese
  • 6 May 2010, Bakri Abdullah, one year in jail for claim to be a prophet and to have visited heaven in 1975 and 1997.
  • 2 June 2009, Lia Eden, inventing a religion, Salamullah, two years and six months in prison.
law no 1 pnps 1965 basis for defamation of religion1
Law No. 1/PNPS/1965: Basis for Defamation of Religion
  • Prohibits interpretations or activities that deviate from main teachings of religions adhered to in Indonesia
replacing shari ah criminalizing the personal sphere blasphemy law anti pornography law1
Replacing Shari'ah: Criminalizing the Personal SphereBlasphemy LawAnti-Pornography Law
  • Criminal Code
  • Indonesia prohibits blasphemy by its Criminal Code. The Code’s Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.