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Challenging the Secular StateThe Islamization of Law in Modern Indonesia$
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Arskal Salim

Print publication date: 2008

Print ISBN-13: 9780824832377

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824832377.001.0001

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Dissonant Implementation of Shari‘a

Dissonant Implementation of Shari‘a

Chapter:
(p.24) 3 Dissonant Implementation of Shari‘a
Source:
Challenging the Secular State
Author(s):

Arskal Salim

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824832377.003.0004

This chapter argues that legal and political dissonance in the formal implementation of sharia in a nation-state is inevitable. State legitimacy resulting from the formal implementation of sharia often generates a conflict of interests between the theory underlying the nation-state and the view of an indissoluble domain. The conflicts exist and are significant given that the Islamic world is divided into a number of nation-states. The Western concept of the modern nation-state, which is thought to have emerged in Europe in the seventeenth century through the 1648 Treaty of Westphalia, spread throughout the world via colonialism. Colonialism, in fact, had partitioned Muslim regions into numerous territories, and by the twentieth century, these territories were transformed into newly born different countries, which took the nation-state as their form of political organization.

Keywords:   legal dissonance, political dissonance, nation-state, political organization, colonialism, state legitimacy, sharia

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