Religious Minorities, Islam and the Law
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 worlds 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.
Al Khanif is an assistant professor in the Faculty of Law at the University of Jember, Indonesia.
ICLARS Series on Law and Religion
The ICLARS Series on Law and Religion is a new series designed to provide a forum for the rapidly expanding field of research in law and religion. The series is published in association with the International Consortium for Law and Religion Studies, an international network of scholars and experts of law and religion founded in 2007 with the aim of providing a place where information, data and opinions can easily be exchanged among members and made available to the broader scientific community. The series aims to become a primary source for students and scholars while presenting authors with a valuable means to reach a wide and growing readership.
Series Editors:
Silvio Ferrari, University of Milan, Italy, Russell Sandberg, Cardiff University, UK, Pieter Coertzen, University of Stellenbosch, South Africa, W. Cole Durham, Jr., Brigham Young University, USA, and Tahir Mahmood, Amity International University, India
Other titles in this series:
The Transition of Religion to Culture in Law and Public Discourse
Lori Beaman
Religious Minorities, Islam and the Law
International Human Rights and Islamic Law in Indonesia
Al Khanif
The Internal Law of Religions
Introduction to a Comparative Discipline
Burkhard Josef Berkmann
Translated by David E. Orton
For more information about this series, please visit:
www.routledge.com/ICLARS-Series-on-Law-and-Religion/book-series/ICLARS
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2021 Al Khanif
The right of Al Khanif to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Khanif, Al, 1979- author.
Title: Religious minorities, Islam, and the law : international human rights and Islamic law in Indonesia / Al Khanif.
Description: New York : New York, 2020. | Includes bibliographical references and index.
Identifiers: LCCN 2020026079 (print) | LCCN 2020026080 (ebook) | ISBN 9780367500757 (hardback) | ISBN 9781003048695 (ebook)
Subjects: LCSH: Religious minoritiesLegal status, laws, etc.Indonesia. | Religious minoritiesCivil rightsIndonesia. | Freedom of religionIndonesia. | International law and human rightsIndonesia. | Civil rights (Islamic law)Indonesia. | Customary lawIndonesia. | Religious minoritiesLegal status, laws, etc. | International law and human rights.
Classification: LCC KNW2467.M56 K425 2020 (print) |
LCC KNW2467.M56 (ebook) | DDC 342.59808/52dc23
LC record available at https://lccn.loc.gov/2020026079
LC ebook record available at https://lccn.loc.gov/2020026080
ISBN: 978-0-367-50075-7 (hbk)
ISBN: 978-1-003-04869-5 (ebk)
Abangan | A form of syncretistic religious belief |
Abdurrahmah Wahid | Indonesian Muslim thinker and former president of the Republic of Indonesia |
Adat | Indonesian customary law |
Adatrechtskringen | Adat law region proposed by Cornelis Van Vollenhoven in the era of colonisation |
Agama | An organised system of religious belief |
Ahad | Narration of a hadith by one narrator so that the hadith is classified as dubious |
Ahlul bait | Members of the Prophets family |
Ahlul kitab | People of the book |
Ahmadiyah | A religious minority within Islam founded by Mirza Ghulam Ahmad in India in 1889 |
AKKBB | Aliansi Kebangsaan untuk Kebebasan Beragama dan Berkeyakinan or National Alliance for Freedom of Religion and Belief |
Aliran | Religious sect |
Aliran Kepercayaan | A form of Indonesian traditional belief |
Al-ismah bi al-adamiyah | The universal human rights concept in Islam founded by Imam Abu Hanifa |
Al-Qiyadah Al-Islamiyah | A religious sect led by Ahmad Musaddeq, who claims himself as a prophet |
Amanah | Instructions made by MUI |
Amicus Curiae | Friends of the court |
Amir | A concept of commander or leader in the LDII |
Aqidah | Creed in Islamic theology |
Asas Tunggal | The sole principle in Indonesian statehood |
Ashura | The anniversary of the martyrdom of Imam al-Husein at Karbala |
Bakorpakem | Badan Koordinasi Pengawasan Aliran dan Kepercayaan or the Joint-Judiciary Committee of Religious Life |
Bermasyarakat | An Indonesian concept of the spirit of being with people |
Bhinneka Tunggal Ika | A principle of unity in diversity in Indonesian polity |