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INDONESIA
JOURNAL OF INDONESIAN ISLAM
ISSN : 19786301     EISSN : 23556994     DOI : -
Core Subject : Religion, Social,
The Journal of Indonesian Islam (printed ISSN 1978-6301 and online ISSN 2355-6994) is a refereed academic journal published biannually by the Post­gra­duate 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, eco­no­mics, history, and doctrines. It cordially invites contributions from scholars of related disciplines.
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Articles 2 Documents
Search results for , issue " Vol 7, No 2 (2013): December" : 2 Documents clear
مبادئ الجنائيات الإسلامية وتطبيقها فى السياق الإندونيسي Munajat, Makhrus
JOURNAL OF INDONESIAN ISLAM Vol 7, No 2 (2013): December
Publisher : the State Islamic University (UIN) of Sunan Ampel, Surabaya - Indonesia

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Abstract

The issue of Islamic criminal law and its application has become a somewhat heated issue in Indonesia since the very advent of this nation. The political and academic circles are among those who have intensively been involved in debating this problem. The intensity of the debate is due to the fact that the issue is closely related not only to the social construct of the society but also with the very nature of the national law. Speaking of Islamic law in other words, would put a lot of question on how it fits into the national law. This paper deals with this complexity by looking at the Islamic law both as a pure theory and as a formal law that may be applied in certain context. As a pure theory, the Islamic law is dealt with here as vision and idea concerning the attitude of human being in a given society, while as an applied cannon the Islamic law is believed to have the practical dimension that may be applied in a particular situation. The fact that Islamic law has a practical dimension -this paper argues- implies that Shari>‘ah is none other than the product of social dynamics. And this would further mean that the the intellectual exercise to draw legal dictum must take into account the human interest (maslahah) on the one hand, and the dialectic between text and context on the other.
RELIGIOUS FREEDOM IN INDONESIA: Between Upholding Constitutional Provisions and Complying with Social Considerations Maula, Bani Syarif
JOURNAL OF INDONESIAN ISLAM Vol 7, No 2 (2013): December
Publisher : the State Islamic University (UIN) of Sunan Ampel, Surabaya - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (22.779 KB)

Abstract

Human rights, including freedom of religion, are generally accepted and granted by all governments regardless of their ideology, political, economic, and social conditions. In a Muslim majority country such as Indonesia, ideally freedom of religion is considered to mean that the government allows religious practices of religious minorities or other sects besides the state religion, and does not persecute believers in other faiths. This paper discusses Indonesia’s constitutional provisions concerning legal rights of citizens on freedom of religion, whether the government upholds the constitution as a concrete way to deal with human rights protection or it complies with some groups’ demand to tighten restrictions on “the Western concept of” religious liberty. This paper concludes that even though there are many provisions in the Indonesia’s constitution and in its legal system which is supportive of religious freedom, some governmental provisions were enacted based on social considerations, rather than to strengthen constitutional provisions.

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