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religion and the indonesian constitution: a recent debate

Published online by Cambridge University Press:  08 September 2005

nadirsyah hosen
nadirsyah hosen
Affiliation:
centre for public, international and comparative law (cpicl), tc. beirne school of law, university of queensland. his email contact is [email protected]
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Abstract

this article examines the recent debate on the position of syari'ah in indonesian constitutional amendments (1999–2002). the article operates at two levels: a historical review of the debate on islam and state in indonesia and a theoretical effort to situate the indonesian debate in the broader context of debates over islam and constitutions. it argues that the rejection of the proposed amendment to article 29, dealing with islam, has shown that indonesian islam follows the substantive approach of syari'ah, not the formal one.

Type
articles
Information
Journal of Southeast Asian Studies , Volume 36 , Issue 3 , October 2005 , pp. 419 - 440
Copyright
© 2005 the national university of singapore

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Footnotes

the author is indebted to gary bell, arskal salim, i.b. watson, ian lewis and the anonymous readers who carefully and critically read the earlier drafts. all opinions and errors are, of course, those of the author.