scholarly journals Ulama and Umara in Government of Indonesia: A Review Relations of Religion and State

2020 ◽  
Vol 24 (2) ◽  
pp. 135
Author(s):  
Doli Witro
Keyword(s):  
Islamic Law ◽  
Religious Knowledge ◽  
Data Presentation ◽  
Applicable Law ◽  
Muslim Majority ◽  
The Government ◽  
Religion And State ◽  
The Relationship ◽  
Data Analysis Methods

Indonesia is well-known as a Muslim majority. However, this does not make Indonesia as an Islamic country. The relationship between religion and state in Islam is fairly interpretive and it nowadays still becomes a debate. The government system applied in this country is democratic. Besides, there has to freedom for the ulama in preaching without being limited by space and time. A number of ulama are currently being persecuted and intimidated that impacts to the lecture to be either stopped, postponed, or even canceled. At this part, the role of the umara (government) is required in enforcing the applicable law and also maintaining security and order in society. This paper aims to highlight the relationship between religion and state in Indonesian by observing the position of the ulama and the role of the umara in terms of Indonesian government. This paper used a qualitative approach to literature research. The data in this study was obtained from library materials. Data analysis methods used in this study were data reduction, data presentation, and conclusion. The results of the analysis showed that in Indonesia there is a separation between religion and state as the secularistic paradigm. However, it is not completely secularistic because in national legal system there is also a transformation of Islamic law. Religious and state affairs are not able to be separated, so are ulama and umara. It is because the state will experience a crisis in religious knowledge without ulama. Otherwise, without umara, religion cannot be implemented correctly within the country.Indonesia merupakan negara yang berpenduduk mayoritas Islam. Namun bukan berarti Indonesia adalah negara Islam. Hubungan agama dan negara dalam Islam cukup banyak penafsiran. Dalam Islam, hal ini masih menjadi perdebatan sampai saat ini. Sistem pemerintahan yang diterapkan di Indonesia saat ini adalah sistem demokrasi. Terlepas dari sistem tersebut, tentu harus memberikan kebebasan para ulama dalam berdakwah tanpa dibatasi oleh ruang dan waktu. Saat ini, ada ulama yang dipersekusi dan diintimidasi sehingga ceramah yang hendak dilaksanakan terpaksa dihentikan, ditunda, bahkan dibatalkan. Disinilah diperlukan peran umara (pemerintah) dalam menegakkan hukum yang berlaku dan juga menjaga keamanan serta ketertiban di masyarakat. Tulisan ini bertujuan menyoroti relasi agama dan negara dalam konteks Indonesia dengan melihat kedudukan ulama dan peran umara dalam pemerintahan Indonesia. Tulisan ini menggunakan metode pendekatan kualitatif yang bersifat penelitian pustaka. Data-data dalam penelitian ini diperoleh dari bahan-bahan yang bersifat pustaka Metode analisis data yang digunakan dalam penelitian ini yaitu reduksi data, penyajian data dan penarikan kesimpulan. Hasil analisis menunjukkan di Indonesia terjadi pemisahan antara agama dan negara sebagaimana paradigma sekuleristik. Tetapi disini tidak sepenuhnya sekularistik karena pada hukum nasional Indonesia juga terjadi transformasi hukum Islam. Urusan agama dan negara tidak dapat dipisahkan. Begitu juga dengan ulama dan umara tidak dapat dipisahkan karena tanpa ulama maka negara akan mengalami krisis ilmu agama dan tanpa umara maka agama tidak bisa diterapkan secara sempurna dalam suatu negara.

scholarly journals Positivisasi Hukum Islam di Indonesia Era Reformasi

2014 ◽  
Vol 6 (1) ◽  
pp. 119
Author(s):  
Masruhan Masruhan
Keyword(s):  
Islamic Law ◽  
Muslim Country ◽  
Democratic System ◽  
Muslim Majority ◽  
The Government ◽  
Role Of The Government ◽  
New Situation

The Islamic law in Indonesia has evolved from time to time in line with the demands of the changing history. Recently, and during the era of reformasi—it is commonly known so—the Islamic law has been progressively positivised. By this we mean the dynamics within which the Islamic law has the ability to respond to the new situation that requires the re-thinking of some of its dictums. The role of the government has equally been good; it is completely supportive of this process. This shift in direction taken by Islamic law is due to the fact that the colonial law in the country has become rotten. It is no longer able to deal with the ever-changing situations of this Muslim-majority country. This paper discusses this historic turn, and embarks on the debate concerning the advantages of the Islamic law for a Muslim country like Indonesia. The paper also links this development with the democratic system that the country has adopted. It argues that democracy does serve as a pre-condition in which a revealed law like Syari’ah can prevail.

Constitutions and Islamic Law

2017 ◽  
Author(s):  
Christie S. Warren
Keyword(s):  
Islamic Law ◽  
The State ◽  
Freedom Of Association ◽  
Underdeveloped Area ◽  
Academic Scholarship ◽  
Muslim Majority ◽  
Legislative Language ◽  
Administrative Structures ◽  
The Relationship

The Constitution of Madinah, written by the Prophet after his flight from Mecca and arrival in Madinah (622 ce/1 ah), is considered by many to be the first written constitution. Nevertheless, and although Islamic law has developed in rich detail since then in a number of other areas, constitutionalism remains a comparatively underdeveloped area of Islamic law. Only recently has this started to change. Since 2011 and in part due to events of the so-called Arab Spring, the topic of Islam and constitutions has been the subject of heightened interest. In recent years, a number of Muslim-majority countries, including Tunisia, Algeria, Libya, Egypt, Yemen, and Palestine, have embarked upon constitutional processes, and the relationship between Islam and the state has been debated in each of them. A variety of models has emerged over time; whereas in Saudi Arabia the Qur’an serves as the constitution itself, in Egypt Shari’ah is the principal source of legislation. Similarly, while the 2012 draft constitution of Libya states that Islam shall be the state religion and Islamic Shari’ah the main source of legislation, the constitution of Iraq provides that no law contradicting established provisions of Islam may be enacted. Language in the Afghan constitution is even more precise and states that Afghanistan is an Islamic republic, that no law shall contravene the tenets and provisions of Islam, and that in the absence of specific constitutional or legislative language governing the disposition of a case, courts shall implement principles of Hanafi jurisprudence. In similar fashion, academic scholarship analyzing the relationship between Islam and constitutionalism has increased in scope and vibrancy in recent years. Historically, scholarship in this field tended to focus on issues relating to governance and administrative structures in Muslim-majority countries—not on normative constitutional principles. More recently, Islamic perspectives on constitutional norms have become the focus of significant scholarship. Some constitutional issues of recent academic interest include state sponsorship of a particular religion to the exclusion of others, freedom to practice Islam and other religions, and options for articulating the role of Shari’ah within constitutional frameworks, including the use of supremacy and repugnancy clauses, the role of Shari’ah as a source of legislation, “Shari’ah checks” to ensure that legislation does not contravene Islamic law, review by Shura Councils, and the role of the judicial branch in interpreting Islamic law. Additional constitutional issues impacted by defined relationships between Shari’ah and the state include human and women’s rights, protection of religious minorities; criminal law and hudud punishments; finance law and restrictions on charging interest; rights of freedom of association, expression, and expression; and provisions governing marriage, divorce and inheritance.

scholarly journals Tolaki Tribe's Marriage: The Struggle of Islamic Law and Customary Law

2020 ◽  
Vol 24 (2) ◽  
pp. 191
Author(s):  
Ipandang Ipandang ◽  
Ai Yeni Yuliyanti
Keyword(s):  
Cultural Values ◽  
Islamic Law ◽  
Phenomenological Approach ◽  
Customary Law ◽  
Religious Leaders ◽  
Qualitative Descriptive ◽  
The Government ◽  
The Relationship ◽  
Descriptive Method

This study aims to understand the history and struggles of Islamic law and Tolaki culture in the munakahat fiqh, inherited from the Tolaki community as contained in the Tolaki customary law structure. This study uses a qualitative descriptive method and a phenomenological approach. This research shows that the struggle of Islamic law and marriage culture in the Tolaki community is that the relationship between Islam and Tolaki culture shows adaptation, mutual understanding, and conversation. This relationship means no dominant or mutually dominant camps in this cycle of marriage, Islam, and traditions. Thus, there is a need for the role of traditional leaders, religious leaders, community leaders, and the government to socialize intensely the importance of cultural values in society, nation, and state to preserve existing culture for the continuity of future generations in various activities.Penelitian ini bertujuan untuk memahami sejarah dan pergumulan tentang hukum Islam dan budaya Tolaki dalam fikih munakahat yang diwariskan kepada masyarakat Tolaki yang terdapat dalam struktur hukum adat Tolaki. Dengan menggunakan metode deskriptif kualitatif dan pendekatan fenomenologi, Hasil penelitian menunjukkan bahwa pergumulan hukum islam dan budaya perkawinan pada masyarakat Tolaki adalah hubungan antara Islam dan budaya Tolaki menunjukkan adaptasi, saling pengertian dan percakapan satu sama lain. Artinya, tidak ada kubu yang dominan atau yang saling dominan dalam siklus pernikahan, Islam, dan tradisi ini. Untuk itulah perlunya peranan tokoh adat, tokoh agama, tokoh masyarakat maupun pemerintah secara intens dan berkelanjutan dilaksanakan berbagai kegiatan yang mensosialisasikan pentingnya nilai-nilai budaya dalam kehidupan bermasyarakat, berbangsa dan bernegara guna melestarikan budaya yang sudah ada demi kelangsungan generasi mendatang.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Islamic Constitutions and Democracy

2021 ◽  
pp. 106591292199124
Author(s):  
Moamen Gouda ◽  
Shimaa Hanafy
Keyword(s):  
Islamic Law ◽  
Muslim Population ◽  
Informal Institution ◽  
Additional Control ◽  
Negative Effect ◽  
Alternative Measures ◽  
Resource Wealth ◽  
Muslim Majority ◽  
Natural Resource Wealth ◽  
The Relationship

There is an ongoing debate on the relationship between Islam and (lack of) democracy. Considerable literature shows that Islam, represented as an informal institution by Muslim population share, has a negative effect on democracy. This study examines the effects of formal institutions, specifically constitutions that prescribe Islamic law ( Shari’a) as a source of legislation, on democracy. We use a newly developed coding of the degree to which Islam is incorporated in constitutions. Our empirical results show that the constitutional entrenchment of Islamic law has a negative and significant effect on democracy. Our findings are robust to using different estimators and instrumental variable regressions, employing alternative measures of democracy and controlling for Muslim population, natural resource wealth, and additional control variables. While we show that Islamic constitutionalism is a reason for a democracy deficit in Muslim-majority countries, we find no evidence that Islam is inimical to democracy when not entrenched in the constitution.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Keterlibatan Masyarakat Urban dalam Pengolahan Sampah Rumah Tangga

2012 ◽  
Vol 3 (2) ◽  
pp. 729
Author(s):  
Yosica Mariana
Keyword(s):  
Waste Management ◽  
Active Participation ◽  
Community Based ◽  
The Government ◽  
Relationship Of ◽  
The Relationship ◽  
The City ◽  
Descriptive Method ◽  
Regional Governments

Generally, activities conducted by people generate waste. The waste which increasingly rises causing a big problem. Therefore, the role of community in waste management will strongly support the process of solving the waste problem in the community. The purpose of this study was to determine the relationship of engagement and active participation of citizens, as reflected in the attitude of citizens in the activities related to the response to the waste problem in the community. A descriptive method was used in this study to describe the involvement and participation in the prevention of waste. The result showed that the paradigm of PSBM (community-based waste management) appeared sporadically and has not yet received the maximum support from regional governments. A paradigm which is “people pay, the government manages“, has grown within the community for years. It would hardly change people’s behaviour patterns in solving the waste problem in the community since changing the city into a city that is clean, comfortable and healthy involved many parties, including the community.

scholarly journals RELASI AGAMA DAN POLITIK DI ACEH PASCA KONFLIK; Pemerintah Indonesia-Gerakan Aceh Merdeka

2021 ◽  
Vol 23 (1) ◽  
pp. 1
Author(s):  
Reni Kumalasari
Keyword(s):  
Community Development ◽  
Political Parties ◽  
Peace Agreement ◽  
Islam And Politics ◽  
Indonesian Government ◽  
Free Aceh Movement ◽  
Practical Politics ◽  
The Government ◽  
The Relationship

This article tries to explain how the relationship between Islam and politics after the conflict between the Government of Indonesia and the Free Aceh Movement (GAM). After the peace agreement between the two parties with the signing of the Helsinki MoU, the Indonesian government interpreted the agreement in Law No. 11 of 2006 concerning the Government of Aceh (UUPA). The presence of the act makes the ulama a partner of the government in running the wheels of government by giving fatwa on issues of government, development, community development, and the economy. Furthermore, after peace, the role of the ulama was not only to give knowledge to the community, some ulama participated in practical politics. This was one of the effects of the UUPA, where Aceh was given the privilege of establishing local political parties. At present some ulama have occupied various positions in party management, and even participated in the regional head election (PILKADA), where religious values are used as a means of gaining power.

scholarly journals THE ROLE OF LOCAL GOVERNMENTS IN REGIONAL FINANCIAL MANAGEMENT FOR THE HANDLING OF THE COVID-19 PANDEMIC

Yurispruden ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 208
Author(s):  
Fahrul Abrori
Keyword(s):  
Local Government ◽  
Research Methods ◽  
Financial Management ◽  
Local Governments ◽  
Central Government ◽  
Fiscal Decentralization ◽  
The Government ◽  
The Stability ◽  
The Relationship

 ABSTRAKPandemi Covid-19 yang terjadi di Indonesia membuat pemerintah membuat kebijakan-kebijakan sebagai stimulus untuk menjaga kestabilan masyarakat dan perekonomian. Pemerintah pusat memberikan kewenangan kepada pemerintah daerah untuk mengelola keuangan daerah untuk menangani covid-19 di daerah masing-masing. Hal ini disebabkan karena pemerintah daerah lebih memahami kebutuhan daerahnya. Permasalahan yang diangkat Pertama, bagaimana hubungan Pemerintah Pusat dan Pemerintah Daerah dalam pengelolaan keuangan untuk penanganan pandemi Covid-19? Kedua, Apa peran Pemerintah Daerah dalam pengelolaan keuangan daerah untuk penanganan pandemi Covid-19? Menggunakan metode penelitian yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konsep. Hubungan Pemerintah Pusat dan Pemerintah Daerah dalam Pengelolaan Keuangan untuk Penanganan Pandemi Covid-19 yaitu desentralisasi fiskal yang mana. Peran Pemerintah Daerah dalam Pengelolaan Keuangan Daerah untuk Penanganan Pandemi Covid-19 yaitu dengan melakukan refocusing kegiatan, realokasi anggaran, dan Penggunaan Anggaran Pendapatan dan Belanja Daerah.Kata kunci: Pemerintah Daerah, Pengelolaan Keuangan Daerah, Pandemi Covid-19 ABSTRACTThe Covid-19 pandemic in Indonesia led the government to make policies as a stimulus to maintain the stability of society and the economy. The central government authorizes local governments to manage local finances to deal with covid-19 in their respective regions. This is because the local government better understands the needs of the region. The issue raised first, how is the relationship between the Central Government and Local Government in financial management for the handling of the Covid-19 pandemic? Second, What is the role of local governments in regional financial management for the handling of the Covid-19 pandemic? Using normative juridical research methods with statutory approaches and concept approaches. The relationship between the Central Government and Local Government in Financial Management for the Handling of the Covid-19 Pandemic is fiscal decentralization. The role of local governments in regional financial management for the handling of the Covid-19 pandemic is by refocusing activities, reallocating budgets, and using regional budgets.Keywords: Local Government, Regional Financial Management, Covid-19 Pandemic

The “New Turkey” At Home and Abroad

2018 ◽  
pp. 625-648
Author(s):  
Asli Ü. Bâli
Keyword(s):  
Domestic Politics ◽  
Arabian Gulf ◽  
Arab Uprisings ◽  
Civil Military Relations ◽  
Syrian Civil War ◽  
Turkish Politics ◽  
The Government ◽  
Religion And State ◽  
Military Relations ◽  
The Relationship

This chapter examines the reversal of Turkey’s trajectory over the last fifteen years. It addresses the domestic transformation of Turkey through constitutional reforms, shifting civil–military relations, economic growth, corruption, ethnic conflict, and the relationship between religion and state. Examining these issues helps to explain why Turkish politics has become more polarized, and how this has been manipulated by the governing party to consolidate a majoritarian system and to crack down on dissent. The chapter then traces changes in Turkey’s foreign policy as it moves away from prioritizing relations with Washington and Brussels and seeks to forge a more multifaceted set of regional policies. This has failed for a number of reasons, including the Arab uprisings and the Syrian civil war. Instead, the government has embraced a “Eurasianist” turn aligning Turkey with authoritarian regimes in the Caucasus and the Arabian Gulf, in keeping with the country’s increasingly repressive domestic politics.

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