Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-sv6ng Total loading time: 0 Render date: 2024-08-28T01:14:08.155Z Has data issue: false hasContentIssue false

2 - Shifting Legal Orders

from PART ONE - BETWEEN ORDERS AND JURISDICTIONS

Published online by Cambridge University Press:  05 August 2016

Arskal Salim
Affiliation:
Senior Research Lecturer, University of Western Sydney
Get access

Summary

The year 2001 saw the formal establishment of the Syar'iyah Court; the year 2002 witnessed the enactment of the Qanun on the Syar'iyah Court; the year 2003 welcomed the formal inauguration of the Syar'iyah Court; the year 2004 saw the formal transfer of some minor criminal jurisdiction (jinayat) to the Syar'iyah Court; and the year 2005 watched the execution of caning imposed by the Syar'iyah Court

Al Yasa Abubakar, chairman of the Provincial Sharia Office of Aceh (2000–10)

Could sharia law be implemented under the nation-state legal system? Since the last century this question has attracted many scholars, including Muslim intellectuals, who have provided either affirmative or negative answers (Taji-Farouki 1996; Brown 1997; Vikør 2000; Zubaida 2003; An-Na'im 2008; Hallaq 2009). Unlike these authors, who have only published their ideas about the position of sharia law and its application in the era of contemporary nation-states, Al Yasa Abubakar, professor of sharia law at Ar-Raniry Islamic University in Banda Aceh, has been enthusiastically endeavouring both to write about it and to bring sharia law into the legal system of the state.

Having trained in Islamic jurisprudence in Cairo, Abubakar has a great interest in classical Islamic legal interpretation. Yet, interestingly, his legal views do not necessarily reflect the obsolete interpretation of Islamic injunctions. In fact, he embraces modern legal views that ponder social and historical contexts for the implementation of sharia laws in particular local settings (Bowen 2008). Professor Abubakar is one among the few key actors in Aceh who are closely involved in drafting sharia law and making it a reality. In his capacity as chief of the Provincial Office of Islamic Sharia for ten years (2000–10), Abubakar not only managed to initiate a number of Islamic legislations into Aceh's regional regulations, but also empowered the position of the religious court (Syar'iyah Court) of Aceh in Indonesia's legal system.

In Indonesia, a nation-state whose majority population is Muslim, two separate legal national sovereignties co-exist: one emanating from the state and the other from religion (Hallaq 2004). Abubakar is fully aware that classical sharia law and the law of the nation-state are separate systems, but this does not mean that they are mutually exclusive.

Type
Chapter
Information
Contemporary Islamic Law in Indonesia
Sharia and Legal Pluralism
, pp. 38 - 51
Publisher: Edinburgh University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Shifting Legal Orders
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Shifting Legal Orders
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Shifting Legal Orders
  • Arskal Salim, Senior Research Lecturer, University of Western Sydney
  • Book: Contemporary Islamic Law in Indonesia
  • Online publication: 05 August 2016
Available formats
×