Arskal Salim
Arskal Salim is Professor of Politics of Islamic Law at Syarif Hidayatullah State Islamic University (UIN) in Jakarta, Indonesia. From 2017 to September 2020, he served as Director of Islamic Higher Education at the Ministry of Religious Affairs of the Republic of Indonesia. He obtained a PhD in Law from Melbourne Law School, Australia, in 2006. His PhD dissertation was published by Hawaii University Press in 2008 with the title: Challenging the Secular State: The Islamization of Laws in Modern Indonesia. Having completed his PhD, he went to Germany for a postdoctoral research fellowship at Max Planck Institute for Social Anthropology from 2006 to 2009. His postdoctoral project then was published in 2015 by Edinburgh University Press with the title: Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism. His jointly authored book entitled "Sharia, Citizenship and Minorities in Aceh" would be forthcoming by Notre Dame University Press.
less
Related Authors
InterestsView All (12)
Uploads
Papers by Arskal Salim
This volume contains eight chapters written by Acehnese scholars. All chapters are based on six months research fieldwork funded by Aceh Research Training Institute (ARTI); an initiative of a consortium of Australian universities in providing support in the post disaster recovery process to rebuild research capacity of a new generation of Acehnese living in a significantly changed society and to provide them with critical skills needed to produce excellent scholarly works. Professor Emeritus Harold Crouch of Australian National University comments on the book saying it is a clear sign of the return of scholarly local atmosphere in Aceh after the tsunami.
The book covers various local issues of religious practices, shari`a law and institutions, Islamic movements, and gender equality. Some case studies from different parts of Aceh are presented and linked to existing relevant literatures and major theoretical frameworks in social sciences, including anthropology, history, human rights, gender and Islamic studies. As commended by John Bowen, Professor of Anthropology from Washington University in St Louis, the volume is rich of analysis and full with important and interesting facts.
The book contributes to current understandings of changes which took place, or remain ongoing, in Aceh. As its subtitle informs, the volume is intended to be ‘insider accounts’ on religious, social legal and political changes that take place in Aceh in the past few years. Seen in light of Habermas’s work (Theory of Communicative Action, 1984), this book has been a field of interaction of Acehese scholars with many researchers from outside Aceh who have made this region for decades as a site of exciting scholarly works on diverse fields and topics.
The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state.
Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.
It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Key Features:
- Covers legal disputes surrounding inheritance, marriage and divorce, legislation and law-making, land dispute, non-Muslims and shari'ah, and religious courts
- Includes compelling legal case studies from the post-disaster situation
- Presents law as a site of contestation reflecting the unique set of conflicts arising after the 2004 tsunami
constitutionalization of Shari’a in three Muslim countries: Indonesia, Tunisia and
Egypt. The constitutional revision in Indonesia was completed in 2002. The same
process took place in Egypt 10 years later, in 2012, and that in Tunisia was expected
to end in late 2013. These three countries are selected because they have undergone
constitutional revisions which have received intense international media coverage,
especially concerning the constitutional position of Shari’a . The chapter explains
efforts by Islamic political parties in those countries to have Shari’a constitutionally
acknowledged or to give it a more powerful constitutional status, and argues that
failure to enshrine Shari’a in the constitutions of these Muslim countries results not
only from unresolved defi ciencies within their Islamic parties, but also, to a large
extent, from strong resistance from other elements of their societies. The chapter
especially looks at the on-going processes of constitutional revision in Tunisia and
Egypt. In addition, the concept of ‘legal pluralism’ will be employed as an analytical
tool to examine the extent to which the offi cial acknowledgment of Shari’a in their
constitutions allows legal pluralism within each of the Muslim societies discussed
here. Finally, the chapter will offer some comparative remarks.
hukum ekonomi syariah masih terbilang baru.
Sejak disahkannya Undang-Undang nomor 3
tahun 2006 tentang Perubahan atas Undang-
Undang Peradilan Agama nomor 7 tahun 1989, kekuasaan
Peradilan Agama di seluruh wilayah Indonesia bertambah
luas termasuk mencakup perselisihan ekonomi syariah.
Dalam kurun waktu sepuluh tahun terakhir ini, jumlah
sengketa dalam masalah ekonomi syariah yang didaftarkan
ke Pengadilan Agama masih merupakan bagian terkecil
dibandingkan dengan perkara-perkara perdata atau hukum
keluarga yang merupakan yurisdiksi utama Peradilan
Agama sejak beberapa dekade lalu.Perkara sengketa
ekonomi syariahmulai muncul dan bergerak meningkat secara perlahan menyusul hadirnya perangkat-perangkat
hukum lainnya termasuk referensi hukum (Kompilasi
Hukum Ekonomi Syariah dan Fatwa Dewan Syariah
Nasional). Bukan itu saja, ambiguitas yurisdiksi Peradilan
Agama atas masalah ini di masa awal pasca legislasi UU
3/2006, pelan-pelan mulai teruraikan dengan berbagai
prakarsa kebijakan politik hukum dan juga realitas
masyarakat Muslim pencari keadilan dalam bidang hukum
ekonomi syariah.