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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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Ulama and Qanun Lawmaking

Ulama and Qanun Lawmaking

(p.154) 18 Ulama and Qanun Lawmaking
Challenging the Secular State

Arskal Salim

University of Hawai'i Press

This chapter shows dissonant legislation in Aceh where some qanun (regional regulation) of sharia rules have already begun to restrict constitutional rights, not only by ruling out ideological freedoms but also by defining rights according to the ulama's understanding of tolerable conduct and their view of Acehnese communal identity. Yet the chapter also shows that the power of MPU (the ulama council), as granted by several qanun, remains at present mostly on paper. The MPU's authority in Aceh perhaps is little more than the role formerly played by the Supreme Advisory Council (DPA) at the national level. However, unlike the static DPA, the MPU is more active and is more involved in a number of various crucial issues, albeit without a decisive role.

Keywords:   qanun, ulama, MPU, constitutional rights, Acehnese communal identity, Aceh, Supreme Advisory Council, DPA

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