- Title Pages
- Acknowledgements
- Dedication
- Acknowledgments
- Abbreviations
- Introduction
-
1 The Notion of Shari‘a -
2 Is There Unity of Islam and the State? -
3 Dissonant Implementation of Shari‘a -
4 Between Nation and Millet -
5 Islamization in Indonesia -
6 Different Conceptions of Nationalism -
7 Formation of the Indonesian State -
8 Reproducing the Millet System -
9 Constitutional Dissonance -
10 Bringing Back the ‘Seven Words’ -
11 The Failure of Amendment -
12 Limiting Human Rights -
13 The Institutionalization of Zakat -
14 Managing the Collection of Zakat -
15 Legislating Zakat Payment -
16 Overlapping Zakat and Taxation -
17 Formalizing Shari‘a Locally Through Ulama -
18 Ulama and Qanun Lawmaking -
19 After the Tsunami - Conclusion
- Glossary
- References
- Index
- About the Author
- Production Notes
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
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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- Title Pages
- Acknowledgements
- Dedication
- Acknowledgments
- Abbreviations
- Introduction
-
1 The Notion of Shari‘a -
2 Is There Unity of Islam and the State? -
3 Dissonant Implementation of Shari‘a -
4 Between Nation and Millet -
5 Islamization in Indonesia -
6 Different Conceptions of Nationalism -
7 Formation of the Indonesian State -
8 Reproducing the Millet System -
9 Constitutional Dissonance -
10 Bringing Back the ‘Seven Words’ -
11 The Failure of Amendment -
12 Limiting Human Rights -
13 The Institutionalization of Zakat -
14 Managing the Collection of Zakat -
15 Legislating Zakat Payment -
16 Overlapping Zakat and Taxation -
17 Formalizing Shari‘a Locally Through Ulama -
18 Ulama and Qanun Lawmaking -
19 After the Tsunami - Conclusion
- Glossary
- References
- Index
- About the Author
- Production Notes