Syar'iah and constitutional reform in Indonesia (1999-2002)

Abstract

This thesis focuses on constitutional reform in Indonesia (1999-2002) from the perspective of the Syari'ah. Since the end of Soeharto's New Order Government in 1998, Indonesia, the largest Muslim country in the world, has amended the 1945 Constitution four times. Soeharto's departure has also opened the opportunity for several Muslim groups and political parties to propose the introduction of Syari'ah into the Constitution. This thesis has asked the crucial question implicit in the Amendments to the 1945 Constitution: can Syari'ah and democratic constitutionalism be fused without compromising on human rights, the rule of law and religious liberty? The contributions of Islamic political parties in Indonesia to the process and the outcome of the Amendments, by adopting a substantive Syari'ah approach, reflect the ability to deal with a modern constitution without abandoning the principles and the objectives of Syari'ah. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.