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Shariah and state ideals in the regulations of Ibadah in Aceh and South Kalimantan

Pikri, Zainal (2013) Shariah and state ideals in the regulations of Ibadah in Aceh and South Kalimantan. PhD. thesis, Universiti Utara Malaysia.

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Ibadah is one of the areas of law in Indonesia that interacts with religious harmony and freedom. However, not much attention has been given to the study of the nature of this interaction. To fill this gap, this study investigated the interconnection between Shariah and the Indonesian state ideals of religious harmony and freedom in
shaping the substantive contents of the regulations of ibadah in Aceh and South Kalimantan. It identified the provisions that were drawn from Islamic sources and the state ideals. The methods used in the study were textual and social-historical approaches and discourse analysis. It also used a comparative method in examining the similarities and differences of the regulations in both regions. This research produced a number of key findings: the substantive contents of the regulations of ibadah in both regions are drawn from Islamic and other sources; the relevant authorities have taken elements of Shariah and state ideals to form the basis of decision making; a clear line between Shariah norms and state ideals is easily discerned in the regulations of Friday prayer, but not in the regulations of Ramadhan; Aceh regulates both religious and social aspects of Friday prayer, but South Kalimantan only regulates the latter aspects; and for Ramadhan, both regions regulate its religious and social dimensions. The main conclusions drawn from this research were that Islamic law was not the main source of the regulations. It constituted just one among the variety of available sources such as the state ideology of Pancasila. While constructing the regulations, Islam and some aspects of secularism competed in interpreting the meaning of religious harmony and freedom. This research argued for researchers on Shariah laws in Indonesia to conduct a deeper plurality-conscious analysis in understanding the nature of the law in the country.

Item Type: Thesis (PhD.)
Supervisor : Ahmad, Rusniah
Item ID: 4190
Uncontrolled Keywords: Ibadah, Legal Pluralism, Local Regulation, Religious Harmony and Freedom, Shariah
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Divisions: College of Law, Government and International Studies (COLGIS)
Date Deposited: 27 Oct 2014 02:54
Last Modified: 26 Apr 2016 00:38
Department: College of Law, Goverment and International Studies (COLGIS)
Name: Ahmad, Rusniah
URI: https://etd.uum.edu.my/id/eprint/4190

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