Islam Blasphemy And Human Rights In Indonesia
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Islam Blasphemy And Human Rights In Indonesia
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Author : Daniel Peterson
language : en
Publisher: Routledge
Release Date : 2020-01-07
Islam Blasphemy And Human Rights In Indonesia written by Daniel Peterson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-07 with Political Science categories.
Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki ‘Ahok’ Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia’s liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia’s Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia’s 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence’s ‘Notice of Defence’, and the North Jakarta State Court’s convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia’s Muslim majority over the fundamental rights of the country’s religious minorities. While Ahok’s conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.
Religious Minorities Islam And The Law
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Author : Al Khanif
language : en
Publisher: Routledge
Release Date : 2020-09-03
Religious Minorities Islam And The Law written by Al Khanif and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-03 with History categories.
This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.
Blasphemy Islam And The State
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Author : Stewart Fenwick
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Blasphemy Islam And The State written by Stewart Fenwick and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
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.
Religion Law And Intolerance In Indonesia
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Author : Tim Lindsey
language : en
Publisher: Routledge
Release Date : 2016-05-20
Religion Law And Intolerance In Indonesia written by Tim Lindsey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Social Science categories.
Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.
Islam The Constitution And Human Rights
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Author :
language : en
Publisher:
Release Date : 2010
Islam The Constitution And Human Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Freedom of religion categories.
Islam And Politics In Indonesia Freedom Of Religion Or Belief And The Influence Of Islamic Actors
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Author : Tobias Hoheneder
language : en
Publisher: Anchor Academic Publishing
Release Date : 2018-08-15
Islam And Politics In Indonesia Freedom Of Religion Or Belief And The Influence Of Islamic Actors written by Tobias Hoheneder and has been published by Anchor Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-15 with Political Science categories.
In most Islamic societies, freedom of religion or belief is not a reality for religious minorities. Indonesia, home of the biggest Muslim population in the world, is a positive exception in this regard. The country was always a role model for the peaceful co-existence of diverse religious and cultural traditions, but in recent years, Islamic fundamentalist groups challenge the country’s tolerant and pluralistic identity. This book inquires the development of freedom of religion or belief from a political, legal and religious perspective. It analyzes the laws and mechanisms that protect the rights of minorities and traces the role of the country’s most important Islamic organizations and the influence they have on national policy-making. It finally points out possible future developments and how the government can counter the threat of militant Islamism and preserve Indonesia’s tolerant traditions.
Law And Religion In Indonesia
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Author : Melissa Crouch
language : en
Publisher: Routledge
Release Date : 2013-11-12
Law And Religion In Indonesia written by Melissa Crouch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Political Science categories.
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
Human Rights In Indonesia And East Timor
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Author : Diane Orentlicher
language : en
Publisher: Asia
Release Date : 1989
Human Rights In Indonesia And East Timor written by Diane Orentlicher and has been published by Asia this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
7. Freedom of expression
Shari A Constitutional Reform In Indonesia
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Author : Nadirsyah Hosen
language : en
Publisher: Institute of Southeast Asian Studies
Release Date : 2007
Shari A Constitutional Reform In Indonesia written by Nadirsyah Hosen and has been published by Institute of Southeast Asian Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari'a. 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.
Freedom Of Expression In Islam
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Author : Muhammad Khalid Masud
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-28
Freedom Of Expression In Islam written by Muhammad Khalid Masud and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Social Science categories.
In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible. Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief.