JIIs – Journal of Indonesian Islam

LSAS – PPs, IAIN Sunan Ampel Surabaya

Olle Törnquist
Professor of Political Science and Development Research, University of Oslo, Norway, academic co-director of Demos, The Indonesian Centre for Democracy and Human Rights Studies, and currently visiting professor at Universitas Gadjah Mada.

Suaidi Asyari
Lecturer at State Institute for Islamic Studies (IAIN), Sultan Thaha Saifuddin (STS) Jambi, Indonesia. He is currently a PhD candidate at the Asia Institute the University of Melbourne. He can be contacted at s.asyari@pgrad.uni¬melb.¬edu.au or sudi531@yahoo.co.uk

Masdar Hilmy
Lecturer at the State Institute for Islamic Studies (IAIN) Sunan Ampel, Surabaya, Indonesia; he secured a CIDA Scholarship for his Masters degree from the Institute of Islamic Studies, Mc Gill University, Canada (1997-1999) and ADS Scholarship for his PhD degree from The University of Melbourne Australia (2004-2007).

Nadirsyah Hosen
Lecturer at the Faculty of Law, Wollongong University, Australia and State Islamic University (UIN) Syarif Hidayatullah, Jakarta, Indonesia. He obtained his Masters degree from the University of Northern Territory and the University of New England, Australia. He obtained his PhD degree at the Wollongong University and the National University of Singapore (NUS).

Sus Eko Ernada
Senior lecturer in the Department of International Relations, University of Jember, Indonesia, and currently as International Endeavour Fellow and PhD Scholar at the Centre for Arab and Islamic Studies, The Australian National University, Canberra Australia.

Kamaruzzaman Bustaman-Ahmad
PhD student at school social sciences, Department of Sociology and Anthropology, La Trobe University, Australia.

Abdul Kadir Riyadi
Lecturer at the State Institute for Islamic Studies (IAIN) Sunan Ampel, Surabaya, Indonesia. He secured both his Masters and PhD degrees from University of Cape Town, South Africa.

Ahmad Zahro
Lecturer at the State Institute for Islamic Studies (IAIN) Sunan Ampel Surabaya, Indonesia. He obtained his Masters degree from Khartoum University, Sudan, and his doctorate degree from the State Institute for Islamic Studies (IAIN) Sunan Kalijaga Yogyakarta, Indonesia.

Abdul Gaffar Karim
Lecturer at Gadjah Mada University, Yogyakarta, Indonesia; currently doing a PhD Program at Curtin University of Technology, Western Australia, on the role of religious institutions in local political recruitment in Indonesia. Website: http://agkarim.staff.¬ugm.¬ac.id.

Articles
1
Muslim Politics and Democracy: The Case of Indonesia
Olle Törnquist

18
A Real Threat from Within: Muhammadiyah’s Identity Metamorphosis and the Dilemma of Democracy
Suaidi Asyari

42
Muslims’ Approaches to Democracy: Islam and Democracy in Contemporary Indonesia
Masdar Hilmy

75
Can the Muslim World Borrow from Indonesian Constitutional Reform?: A Comparative Constitutional Approach
Nadirsyah Hosen

100
Issues of Compatibility of Human Rights and Islam: The experience of Egypt and Indonesia
Sus Eko Ernada

135
The Application of Islamic Law in Indonesia: The Case Study of Aceh
Kamaruzzaman Bustamam-Ahmad

181
Jadaliyyah al-’Ana> wa al-A<khar fi> al-Khit}a>b al-Di>ni> al-Indu>ni>si>
Abdul Kadir Riyadi

212
Lajnah Bah}th al-Masa>’il al-Di>niyyah li Jam‘iyyah Nahd}ah al-‘Ulama>’ bi Indu>ni>siya: Dira>sah Naqdiyyah ‘ala> al-Muqarrara>t al-Fiqhiyyah
Ahmad Zahro Hasani

Book Review
223
A Fertile Soil?: Indonesia and Islamic Fundamentalism
Abdul Gaffar Karim

MUSLIM POLITICS AND DEMOCRACY
The Case of Indonesia

Olle Törnquist
The University of Oslo, Norway

Abstract: This article tries to scrutinize the complexity of dealing with the attempts at crafting democracy in In¬donesia. It relates the issue of deploying religion among Muslim actors with the issue of state-market power-relations. With regard to the failing attempts of democra¬tization, the writer argues that the problem does not lie with religion and Islam as such, but with demo¬cratisation that has run aground for a number of reasons. The real challenge is to develop more independent means of political representation. In his opinion, quoting Demos’ survey, the major task in the country at large is to build popularly rooted and representative civic-political orga¬nisations. He goes on to argue that while Muslim po¬litics may promote measures against corruption, and neo-liberal actors may foster the rule of the laws they have shaped, both tendencies neglect independent popular repre¬sen¬tation to promote politically equal control of public affairs.

Keywords: Democracy, civil society, equal citizenship, public sphere, Muslim democrats.

A REAL THREAT FROM WITHIN
Muhammadiyah’s Identity Metamorphosis and the Dilemma of Democracy

Suaidi Asyari
IAIN Sulthan Thaha Saifuddin – Jambi

Abstract: This paper will look at Muhammadiyah as a constantly metamorphosing organism from which have grown modernist-refor¬mist, liberalist progressive, political pragmatist and poten¬tially violent fundamentalist-radical Muslims.  It will argue that the trajectory passed by and the victory of the radical-puritan element in the National Congress 2005 can potentially become an obstacle for Muhammadiyah’s involvement in the process of implementing democratic values in Indonesia in the future. To keep watching Muhammadiyah’s trajectory is crucially important due to the fact that this organization is one of the powerful forces in the world toward the democratization process. In order to be on the right track of democracy, Muhammadiyah has to be able to cope with its internal disputes over democratic values. Only by means of coping with these internal disputes can this organization ensure its role in propagating and disseminating democratic ideas as well as practices in Indonesia.

Keywords: Muhammadiyah, metamorphoses, identity, democracy

MUSLIMS’ APPROACHES TO DEMOCRACY
Islam and Democracy in Contemporary Indonesia

Masdar Hilmy
IAIN Sunan Ampel – Surabaya

Abstract: This article seeks to provide a theoretical account of how Indonesian Muslims have approached Islam and democracy. Historical analysis, combined with literary overview, is deployed to trace the empirical passage of Indonesian Muslims in developing discourses on democracy. This article argues that a widely-religion-based democracy is on the way of making. Following this process, discourses and counter-discourses on democracy are simply inevitable. The point of departure on which Muslims frequently disagree with each other is whether or not the type of Indonesian democracy should follow the path of Western secular democracy. Accordingly, three approaches following these lively discourses on democracy came into existence: First, the Huwaydian approach that claims the compatibility of Islam and democracy. Second, the Mawdudian approach that stands in an ambiguous position between rejecting and accepting democracy. Third, the Qutbian approach which argues that democracy is inimical to Islam by definition. Despite the risk of oversimplification and conceptual discrepancy, the three terms are utilized merely for the purpose of sociological categorization.
Keywords: Mawdudian, Qutbian, Huwaydian, Islamism, democracy.

CAN THE MUSLIM WORLD BORROW FROM INDONESIAN CONSTITUTIONAL REFORM?
A Comparative Constitutional Approach

Nadirsyah Hosen
Faculty of Law, University of Wollongong, NSW-Australia

Abstract: This paper attempts to analytically examine the possibility of constitutional borrowing for the Muslim world regardless the differences in history, system, culture, language, and cha¬racteristics. It discusses this issue by looking at the arguments put forth by the oppo¬nents of comparative cons-titutional interpre¬tation and their counter arguments. It will consider materials from Canada, USA, South Africa, Singapore, Malaysia, and Hungary, taking the position that constitutional borrowing can be justified. The paper argues that the 1999-2002 Indonesian constitutional reform should be taken into account by other Muslim countries in undertaking their constitutional reform. The substantive approach of the Shari>‘ah that has been used in Indonesia has shown that Muslim world can reform its constitutions without the “assistance” of Western foreign policy. Indo-nesian constitutional reform has demonstrated that Islamic constitutionalism comes from within Islamic teaching and the Islamic community itself; it is a home grown product.

Keywords: Constitutional reform, constitutional borrowing comparative law, Shari>‘ah.

ISSUES OF COMPATIBILITY OF HUMAN RIGHTS AND ISLAM
The experience of Egypt and Indonesia

Sus Eko Ernada
Universitas Jember – Indonesia

Abstract: This paper describes the plurality of Muslim responses to the modern conce¬p¬tion of human rights, drawing in particular on Muslim interpretations of key human rights issues in the dis¬cour¬se of human rights and Islam women’s rights, reli¬gious free¬dom and minority rights, and corporal punishment in Egypt and Indonesia. The case stu-dies of Egypt and Indonesia point to wide range of responses among Muslims to these issues, but also suggest that Islam is not incompatible with the modern conception of human rights. This paper argues that on the issues of human rights, Muslims do not share a single, monolithic stance. Instead, there is a variety of arguments based on various Islamic schools of thought and Islamic reli¬gious groups. As a result, the issues of human rights and their implementation have elicited a wide range of responses among Muslims.

Keywords: Human rights, Indonesia, Egypt, Shari>‘ah, ijtiha>d.

THE APPLICATION OF ISLAMIC LAW IN INDONESIA:
The Case Study of Aceh

Kamaruzzaman Bustamam-Ahmad
La Trobe University – Australia

Abstract: This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads), rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

Keywords: Aceh, Shari>‘ah, Qanun, Adat, H{udu>d.

Jadaliyyah al-’Ana> wa al-A<khar fi> al-Khit}a>b al-Di>ni> al-Indu>ni>si>

Abdul Kadir Riyadi
IAIN Sunan Ampel

Abstract: The debates on religious issues that have been somewhat heated in Indonesia in recent times indicate that the country is now entering a new and interesting phase.  One of the many issues that have attracted the younger Muslim scholars is the idea of what I call religious I-ness and otherness.  It seems that within this issue one may find the explanation of how religious dogma should be interpreted within the context of Indonesian life on the one hand, and –on the other- how this explanation may in turn provide some type of answer for many problems that this country faces. This paper provides a discursive description of the current intellectual debate in Indonesia around the problem of religious I-ness and otherness that the diverse religious discourse in the country have tried to explore.
Keywords: Discourse, the Self, the Other, Islamism.

Lajnah Bah}th al-Masa>’il al-Di>niyyah li Jam‘iyyah Nahd}ah al-‘Ulama>’ bi Indu>ni>siya: Dira>sah Naqdiyyah ‘ala> al-Muqarrara>t al-Fiqhiyyah

Ahmad Zahro Hasani
IAIN Sunan Ampel Surabaya

Abstract: This article seeks to shed light on the decrees released by Lajnah Bah}th al-Masa>’il Nahdlatul Ulama (NU) on matters pertaining to religious disputes (masa>’il al-fiqhiyyah). It focuses on two main themes; (1) the definition of what books are categorized as “al-Kutub al-Mu‘tabarah” and (2) the methodological approach used by the Lajnah in the process of deliberation. The assumption developed within this article is that what makes the books fall into the category of “al-Kutub al-Mu‘tabarah” are only those books that employ one of the four school of thought in fiqh. In addition, the methodological approach used in the Lajnah follows the following three patterns: (1) al-T{ari>qah al-qawliyyah (direct reference to those mu‘tabarah books), (2) al-T{ari>qah al-ilh}a>qiyyah (analogy between old and new problems as mentioned within those mu‘tabarah books), (3) al-T{ari>qah al-manhajiyyah (following the methods of four madhhab imams).

Keywords: Nahdlatul Ulama, Lajnah Bah}th al-Masa>’il, al-Kutub al-Mu‘tabarah, Madhhab.

A FERTILE SOIL?
Indonesia and Islamic Fundamentalism

Abdul Gaffar Karim
Gadjah Mada University

Book Review
Book title:
Joining the caravan? The Middle east, Islamism and Indonesia

Author:
Anthony Bubalo and Greg Fealy

No. of Pages:
xxii + 128

Year:
2005

Publisher:
Lowy Institute for International Policy, Sydney

Website:

http://www.lowyinstitute.org/PublicationGet.asp?i=229

EDITORIAL BOARD
Nur Syam (IAIN Surabaya)
Syafiq A. Mughni (IAIN Surabaya)
A. Zahro (IAIN Surabaya)
Thoha Hamim (IAIN Surabaya)
Azyumardi Azra (UIN Jakarta)
Abdurrahman Mas’ud (IAIN Semarang)
M. Amin Abdullah (UIN Yogyakarta)
Merle C. Ricklefs (The National University of Singapore)
Abdullah Saeed (The University of Melbourne)
Timothy Lindsey (The University of Melbourne)
Howard M. Federspiel (Ohio State University)
Ronald Lukens-Bull (The University of North Florida, USA)

EDITOR-IN-CHIEF
Abd A’la

EXECUTIVE EDITORS
Khoirun Niam
Masdar Hilmy

EDITORS
Akh. Muzakki
Abdul Kadir Riyadi
A. Kemal Riza

LANGUAGE ADVISORS
Daniel J. Goldsmith (English)
Mohammad Naser (Arabic)

STAFFS
Sulanam
M. Yusuf

COVER DESIGNER
A. Mahfudz Nazal

The Journal of Indonesian Islam (ISSN 1978-6301) is a refereed academic journal published biannually by the Post¬gra¬duate Program (PPs) and the Institute for the Study of Religion and Society (LSAS), the State Institute for Islamic Studies (IAIN) Sunan Ampel Surabaya (SK Rektor No: In.03.1/HK.00.5/SK/408/P/2006).

The journal puts emphasis on aspects related to Islamic studies in an Indonesian context, with special reference to culture, politics, society, eco¬no¬mics, history, and doctrines. It cordially invites contributions from scholars of related disciplines.

The editors appreciate peer-reviewers’ comments on the earlier draft of articles published in this journal. They value any help in increasing the quality of the journal in order to fulfill the journal’s objectives.

Contributions and Editorial Correspondence:
Manuscripts in the form of hard-copy and soft-copy submitted to the journal should be sent by mail to The Editors, The Journal of In¬donesian Islam, Lembaga Studi Agama dan Sosial (LSAS) IAIN Sunan Ampel Surabaya, Wisma Transit Dosen Lt II, Jl. A. Yani 117 Sura¬baya Indo-nesia 60237. Manus¬cripts may also be sent electronically by email attachment to jiis@sunan-ampel.ac.id or sul_anam@yahoo.com

Article Submission Guidelines (Article Submission Gudelines – JIIs)