Blasphemy, Islam and the State

Blasphemy, Islam and the State : Pluralism and Liberalism in Indonesia

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Description

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.
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Product details

  • Hardback | 208 pages
  • 159 x 235 x 17.78mm | 431g
  • ROUTLEDGE
  • London, United Kingdom
  • English
  • 1138694673
  • 9781138694675

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
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Review quote

'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
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About Stewart Fenwick

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.
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