The Demand of Islamic Law

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    The Demand for Islamic Law in Indonesia:

    Is it A Solution or a Blunder?

    Introduction

    This paper tells about the demand for Islamic law in Indonesia as

    suggested by several Muslim organizations. The idea of Islamic law

    has been revived by a number of Islamic activists as their concerns on

    Indonesian crisis in all aspects of Indonesian life, such as political and

    governmental crisis, economic crisis, moral crisis, and so on. This idea

    is not easy to get the Indonesian peoples agreement, even for the

    Muslim community themselves. This paper will explore and analyze the

    arguments for and against the implementation of Islamic law in

    Indonesia, mainly in terms of Indonesias political culture.

    It is well known that Indonesia is the country with the largest

    Muslim community. Although Islam was not the first religion to come to

    Indonesia, it could be accepted by the majority of Indonesian society.

    Out of more than 200 million Indonesian people, Muslims occupy 86

    percent of the whole population. In the latest census in 2000, it shows

    the following percentage that Muslim 86.1%, Protestant 5.7%, Roman

    Catholic 3%, Hindu 1.8%, other or unspecified 3.4%.1 It is no wonder

    1 Data gained from Indonesian population 2000 in CIA World Factbook, and accessed throughhttp://www.indexmundi.com/indonesia/religions

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    that Islamic teaching has been absorbed as one of the Indonesian

    cultural values. Besides, Indonesian political culture is also influenced

    by this Islamic teaching.

    This condition has led to claims by some Indonesian Islamic

    movements to consider the need to the application of Islamic law in

    Indonesia. It also can be said that they want the Indonesian

    constitution not only adopt (some) Islamic values, but also to

    implement (the whole) Islamic teaching, or well known as Shariah.

    They argue that the implementation ofShariah will satisfy the majority

    people of Indonesia, and at the same time protect the non-Muslim

    rights. Moreover, to them, Islamic law is the only ideal model for

    Indonesia to spread out Gods will to arrange better life in the world

    and the hereafter.

    In the Indonesian political discourse nowadays, the idea of

    implementing is getting more and more attention. Actually if compared

    with those who oppose the idea, those who favor are too few. I quote

    Jones words in Kipp, et.al. (1987). Today most Indonesian Muslims

    have given up talk of an Islamic state, but not all have given up hope

    (p.17)

    The Socio-Culture of Indonesia

    Indonesia is a very diverse country. It consists of various

    backgrounds of ethnicities, races, and religions. The fact that Indonesia

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    owns five biggest islands and tens of thousands of small islands has

    emphasized its diversity. No less than 300 ethnics inhabit Indonesian

    land and hundreds of language and local dialects are spoken all over

    the country. In addition, each ethnic expresses its own cultural identity

    through dance, dress, music, carving, and other artistic forms as well

    as through laws, customs, and etiquette (Drakeley, 2005, p.xiv).

    With these very diverse backgrounds, we cannot say that

    Indonesia has a single culture. Each ethnic in each region has its own

    culture. If there are 300 ethnics in Indonesia, it means there are 300

    different cultures. Thus, its not surprising if Legge (1964) insists that

    Indonesias motto Bhinneka Tunggal Ika (in English, unity in diversity)

    is more as an aspiration rather than a solid reality (p.3).

    Even though Islam is the majority religion in the country, the

    Indonesian Muslims are not of the same variant of Islam. Some of the

    Muslims are likely to be identified as traditionalist ones, while the

    others may be considered as reformists, modernists, or even

    radicalists. Among them there are basic differences in interpreting

    Islamic teaching although there are a lot of common values that they

    hold.

    In addition, there are two biggest Islamic organizations in

    Indonesia which dominate the overall population of Muslim community

    there. They are Nahdlatul Ulama (which is in English may be best

    translated as the Awakening of Islamic Clerics, and often abbreviated

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    as NU) and Muhammadiyah. NU was founded in 1926 and best

    considered as traditionalist Muslim, while Muhammadiyah was

    established fourteen years before NU and best identified as modernist,

    reformist Muslim. In the real daily practice, NU is more accommodative

    to acculturation between Indonesian (and mainly Javanese) culture and

    the Islamic dogma. Meanwhile, Muhammadiyah is more puritan in the

    way it ensures the people to revive the values of Islam as they were in

    the era of the Muslims prophet Muhammad. It gives little (if none)

    chance to combine the Islamic values (which were originally from Saudi

    Arabia) with the local ones.

    Besides there is a majority religion in Indonesia, there is also one

    dominant ethnic, i.e. Javanese. Ethnic Javanese are mainly

    concentrated in Central Java and East Java, which are in Java Island.

    However, people of this ethnicity have been spreading all over

    Indonesia and it has the largest population all over Indonesia. In the

    latest data of Indonesian demography, taken from the latest census of

    2000, it indicates that of the entire Indonesian population Javanese

    occupies 40.6%, Sundanese 15%, Madurese 3.3%, Minangkabau 2.7%,

    Betawi 2.4%, Bugis 2.4%, Banten 2%, Banjar 1.7%, other or

    unspecified 29.9.2The dominance of Java has attracted observers to

    study it more in depth because it reflects the main Indonesian

    socioculture.

    2 Source: Indonesian population 2000 in CIA World Factbook, and accessed throughhttp://www.indexmundi.com/indonesia/ethnic_groups

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    Studying about Javanese we cannot be away from Geertzs work

    on it.3He classifies Javanese society into three main categories: Santri,

    Priyayi, andAbangan. He defines santri as the group of Javanese

    Muslim who is more concern with the Islamic doctrine rather than the

    ritual detail. For the santris, said Geertz, self-declaration as being

    Muslim is very important as well as to apply Islamic doctrine to life.

    (Geertz, 1960, p.126-130). The examples ofsantri groups are NU and

    Muhammadiyah although one is traditionalist while the other is

    modernist. Meanwhile, abangan in Geertz conception is a group of

    Javanese people (many of whom are Muslim) who are more fascinated

    with ritual detail rather than the doctrine. They are very tolerant about

    religious beliefs (ibid.). I want to add here that inAbangans mind the

    belief in God is must, but the application of worshiping does not have

    to be performed exactly as in the Islamic doctrine. For example, they

    rarely (if not, never) pray five times a day, like other Muslim santris.

    The last category in Javanese community ispriyayi. Geertz identifies

    priyayi as a man who could trace his ancestry back to the great semi-

    mytical kings of pre-colonial Java[in because of the Dutch long-term

    colonialisms influence the definition]widened to include commoners

    pulled into the bureaucracy as the supply of authentic aristocrats ran

    out (Geertz, 1960, p.229). He also adds thatpriyayi is a group of

    religio-aesthetically concerned warrior gentry, receivers of foreign

    3 Clifford Geertz wrote a book The Religion of Java in 1960 that has become the main referencefor many observers to study Indonesian culture, especially of Javanese.

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    cultural fashions and the rationalizers of local ones.

    TheAbangan, Santri and Priyayi are mostly Muslim, but they are

    of different levels of religiosity. The santri groups are dealt fully with

    the five pillars of Islam, i.e. 1) the acknowledgment that there is no god

    but Allah and that Muhammad is the messenger of Allah, 2) the

    application of five prayers in a day, 3) the alms (for those who can

    afford it), 4) The fasting during Ramadhan,and 5) hajj pilgrimage (for

    those who can afford it). In addition, the santri groups always avoid un-

    Islamic activities, such as those of pre-Islamic traditions. Meanwhile,

    thepriyayi, although identified as Muslim, they still keep the pre-

    Islamic heritage (in which sometimes contradictory to Islamic values).

    They may pray five times a day, but are still interested in metaphysical

    philosophy. Unlike santri andpriyayi,abangan are basically animistic,

    fond of visiting the witch doctors, and are interested in making

    offerings. (Neill, 1973, p.254). However, abangan mostly consider

    themselves as Muslims.Abangan may also do the fasting, but they

    usually have different purpose and reason. For example, ifsantri do

    the fasting only for fulfilling their duty as Muslims, abangan do this for

    the condition for asking wealth and the like to the God. Drake (1989)

    adds another important notions as follows:

    Not only is there a difference between traditional,nominal abangan and devout santri, but there is asignificant gap between fundamentalists andmoderates, between those who believe it is impossibleto separate religion from politics or any other aspect of

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    life, and those who support the depoliticization ofIslam, believing that a pragmatic differentiationbetween religion and politics is necessary forIndonesia to cope with the demands of modern times.(p.230)

    From the explanation above it is clear that Indonesian socio-

    cultural aspects are so diverse. Even in one ethnicity (like Javanese)

    their interpretation of religion is different from each other. That is way

    Indonesia must apply a constitution that can accommodate and

    tolerate their differences because this can share the values that

    Indonesian people have.

    The Political Culture of Indonesia

    In terms of political culture we cannot say that Indonesia has a

    single one, as Indonesia is too complex if categorized into one culture.

    However, the major Indonesian political culture can be said of

    Javanese. This is because Javanese has the biggest ethnic in Indonesia

    as well as the most dominant one. Many key persons in Indonesian

    government, be they in the central, provincial, or local level are of

    Javanese ethnic. This shows that Java, along with Javanese ethnic is

    central to all political power.

    We may also divide Indonesian political culture into three.4 They

    are traditional political culture, Islamic political culture, and Modern

    political culture. In the traditional political culture, Javanese culture has

    4Source:http://countrystudies.us/indonesia/85.htm

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    a very good place. This is because Javanese people handled many

    important positions in the New Order. This Javanese culture is a

    patrimonial bureaucratic which is full of the attitude of obedience to

    respect seniors, conform to hierarchical authority, and to avoid

    confrontation. This is what makes Javanese people are very obedient to

    the rulers. It also proves that Javanese are never involved in a series of

    rebellions to the republic. The Islamic political culture of Indonesia is

    also diverse since there are at least two mainstreams of Islam:

    traditionalists and modernists. The two mainstreams see differently

    about the role of Islam in the society. One sees that it is a must to

    formalize Islam and separated from societys culture, while the other

    sees that societys culture should be accommodated in applying

    Islamic values. However, both Islamic mainstreams see that the

    country should be in harmonious with the Holy Koran and Hadits orAs-

    Sunnah5, the two main sources of Islamic belief. The third political

    culture of Indonesia can be said as the modern culture. In modern

    culture I can argue that Indonesian people try to implement global

    value in their own interpretation. They start to look at the model of

    American democracy. People may judge some conducts as democratic

    or non-democratic based on the Western (here, American) conception

    of democracy.

    However, from the facts above we can see that Indonesian

    5Hadits or (also called)As-Sunnah is a compilation of what Prophet Muhammad had said, done,and/or decided during his life.

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    political culture is not single, either. It has various kinds of culture to

    apply though there are some common things. The common thing in

    Indonesian political culture is that there is still conformity to

    hierarchical authority. Let me take a simple example. In Indonesia it is

    very uncommon to see ordinary people speaking with people of

    authority, for example a mayor speaking to a local shop keeper. There

    must be always a gap of conversation between them. The shop

    keeper will have to behave very properly (if he/she knows that the

    person whom he/she is talking to is a mayor. With this reality, it can be

    said that it is hard for the people of lower level to disobey the people of

    the higher level. This phenomenon almost happen in all Indonesian

    regions regardless their ethnicities, races, and religions.

    Debates about the Implementation of Islamic Law in Indonesia

    Since the pre-Independence era, the discourse about the

    importance of unification between state and religion has been a central

    debate. In pre-Independence era, the founding fathers were to agree

    the inserting of several phrases indicating Islam as Indonesias formal

    religion. At that time, the members of the Preparatory Committee for

    Indonesian Independence (Panitia Persiapan Kemerdekaan Indonesia)6

    drafted the Jakarta charter. In the Jakarta Charterit was mentioned

    that the state was to be based upon belief in God, with the obligation

    6 This committee was actually made by the Japanese authority in Indonesia that had promised togive and Indonesia independence and to decide when to give it. However, finally Indonesianfounding fathers decided the fate of Indonesia. The committee comprised representatives ofIndonesian nationalists and Islamic leaders.

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    for the adherents of Islam to carry out Islamic law (Ricklefs, 1993,

    p.209).

    After the independence, there was a compromise, which stated

    that Indonesia was a religious nation, without making a certain religion

    or faith to be the nations religion. Ricklefs (1993) adds that it is the

    Japanese navy who warned that Christian Indonesians would not agree

    of the special role held for Islam, so the Jakarta Charter and the

    condition that the head of state must be a Muslim were deleted

    (p.213). The founding fathers of Indonesia wanted to unite Indonesias

    diverse people to identify common values and then be committed to

    these.

    After that, it was agreed that the ideology of Indonesia as

    Pancasila, rather than Islamic Law since Pancasila is more

    accommodative to those differences. In addition, there is no separation

    of rights and responsibilities between Muslims and non-Muslims as long

    as they are all Indonesian citizens. Of course, within Pancasila there

    are Islamic values. However, it became common values as all religions

    teach good values. For example, Pancasila consists of five principles as

    follows: 1) Belief in God, 2) Nationalism, 3) Humanism, 4) Democracy,

    and 4) Social Justice. Those values are acknowledged also by Islam as

    well as other religions. In other words, rather than applying Islam as

    the foundation of the country, the founding fathers agreed to adopt its

    values. Some Muslim activists agreed it, but some others didnt.

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    Pancasila that was then adopted as the basic principle for

    Indonesia proved to be suitable for the Indonesian diversity. In Suharto

    regime Pancasila was promoted to be the only azas or basic foundation

    for all people in Indonesia. Organizations or any associations which do

    not adopt Pancasila as the basic foundation will be regarded as illegal

    and government would ban them.

    It was a hard time for many Islamists because they were still in

    doubt whether following this government rule would be contradictory

    to Islamic teaching. Some of them could accept Pancasila as the

    ideology of Indonesia, but they still doubted if it applied to their own

    social organization. They would not agree ifPancasila became the

    only azas for all kinds of organization.

    However, finally Islamic movements could accept it after NU, the

    biggest Muslim organization in the country, agreed it. NU was the first

    Islamic organization which explicitly accepted the idea. On December

    21st, 1983, in one letter of decision (Surat Keputusan) by the Higher

    Board of Nahdlatul Ulama (PBNU) it said that NU declared five points of

    the relationship between Pancasila (the Basic Principle of Indonesia)

    and Islam as follows:7

    1. Pancasila is the foundation and philosophy of the Unitary State of

    the Republic of Indonesia is not a religion, and cannot replace

    7 The text is translated from the original version into English by the writer. This text was accessedthrough NUs official website:http://www.nu.or.id/page.php?lang=id&menu=news_view&news_id=10848

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    religion and cannot be used to replace the existence of religion.

    2. The Principle "Belief in God" as the foundation of the Unitary

    State of the Republic of Indonesia which is in accordance to

    article 29 section 1 in the 1945 Constitution of Indonesia, which

    is the base of the other principles, reflects tauhidin the

    conception of Islamic belief.

    3. For Nahdlatul Ulama (NU) Islam is aqidah8 and shariah,9 which

    include aspects of human relations with Allah and human

    relations with other humans.

    4. The acknowledgment and application ofPancasila are the

    realization of the Indonesian Muslim community to apply their

    religious teaching.

    5. Consequently, NU has the obligation to maintain the correct

    conception ofPancasila and its application which is pure and

    consequent by all parties.

    Apart from that, there are still a number of groups who are

    dissatisfied with the adoption ofPancasila rather than Islamic law. The

    former president of Indonesia, Abdurrahman Wahid or usually called

    Gus Dur10 in his article NU, Islam, dan Demokrasi mentions that two

    8Aqidah is Arabic word. It may be translated as the belief or faith in the existence of God9Shariah is also Arabic word. In this context it is best translated as the application of formalworship to show obedience to God.10 Abdurrahman Wahid or Gus Dur was president of Indonesia in 1999-2001. In 1984-2000 heserved as the chief of NU (Nahdlatul Ulama), the largest Muslim organization in Indonesia, andperhaps in the world.

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    of those who favor Islam are PPP (Partai Persatuan Pembangunan the

    Unity Development Party) and PBB (Partai Bulan Bintang Crescent

    Star Party), while those who oppose the idea of Islamic law are PKB

    (Partai Kebangkitan Bangsa National Awakening Party), the party

    which he leads and PAN (Partai Amanat Nasional National Mandate

    Party), whose founder is the former Chair of National Upper House.11 If

    we have a look at the principle that is used in those parties we can find

    the difference more obviously. The party basic principle of PPP and PBB

    is Islam, while that of PKB and PAN is Pancasila. I can add here that the

    other party that adopts Islam as basic principle for the party is PKS

    (Partai Keadilan Sejahtera Welfare Justice Party). PKS is a new Islamic

    Party which gains a lot of support especially from young educated

    Muslims. This party even has more strategic agenda in struggling

    Islamic law for the Constitution of Indonesia.

    The fall of Suharto regime has led to political euphoria in which

    Indonesian want to celebrate their independence. Many people

    express it differently. Some ethnic minority groups express it by

    establishing new parties which are affiliated to their ethnicities. Some

    Islamists express it by making Islam as the basic foundation or azas for

    their parties. This is because in Suharto regime, the only azas that was

    acknowledged by the government was Pancasila. Thus, when the

    11Gus Dur mentions this in his article NU, Islam, dan Demokrasi in his own website:

    http://www.gusdur.net/indonesia/index.php?option=com_content&task=view&id=1581&Itemid=58

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    regime collapsed people make use of it by reviving their own

    aspiration. In addition, the idea of Islamic law has now been revived

    and slowly but surely it gains more supporters.

    The Islamic law supporters argue that Indonesian democracy is

    not the real condition that many people are dreaming of. They insist

    that the democracy in Indonesia has only been in the practice of the

    general election. The general election which ran peacefully was often

    used as the parameter of the success of democracy. After that, there

    are still many severe conditions of the society since the practice of

    corruption and other illegal behaviors never ends.

    To them, democracy is from Western countries and it is a man-

    made product. Thus, it will not answer the problems of a nation totally

    because mans logic and rationality are very limited. Meanwhile,

    shariah is God-made and since so it is perfect. It is simply because God

    knows everything, but men dont. If God has decided that something is

    about to happen, so it happens.

    Formalistic (if not said fundamentalist) Muslims are always

    convinced that God through His messenger has given the whole

    solution for mankind to live in the world and to prepare for the

    hereafter. There is nothing incomplete in the Holy Koran andAs-

    Sunnah. Everything is there, even about the rule of daily practices.

    Even political affairs have been explained in detail in Islam. Prophet

    Muhammad has given the examples of his success in managing

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    Madinah, which they also called as a civil society.

    The shariah supporters see that democracy in Indonesia gives

    more bad excesses rather than the good ones. People will tend to use

    only their logic without any consciousness to the holy teaching from

    the God. Therefore, democracy is not more than justification about

    anything human beings like to do as long as it is supported by the

    majority. They argue that many times democracy act to support

    something that is actually contradictory to religion (here Islam). For

    example, it will allow gambling, alcohol consumption, free sex, and the

    like as long as it has support in the parliament. (Man-made) democracy

    never decides what should be, but it only decides what it is. If this

    happens, in their opinion, it will slowly but surely destroy the nation by

    itself.

    They insist that the best thing that they can do is to establish the

    implementation ofshariah. With shariah people are not suppose to

    argue or oppose what God has commanded. They just need to obey

    whatever is said in the Holy Koran andAs-Sunnah.There is no need to

    protest what the dogma has taught. By obeying the God-made rule,

    people will surely reach the real happiness. In brief, shariah is the only

    solution to any country, including Indonesia.

    Unlike its supporters, those who oppose shariah will just see the

    real example of the implementation ofshariah in the world. There is

    never a good example right now of the realization ofshariah. It cannot

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    be said that Saudi Arabia (which has implemented shariah) is a good

    example. One cannot claim any country that is successfully

    implementing shariah in the world as a successful country in common

    sense. Saudi Arabia even has a lot of problems with Indonesia in the

    cases of labors. Not few Indonesian female workers get abused or

    other improper behaviors from Saudi Arabian people. In addition, the

    law in Saudi Arabia does not seem to support the Indonesian female

    workers rights.

    Also, in the international relations, the countries that adopt

    Islamic law or shariah have not proved to promote peace in the world.

    Even many Arab nations (which all implement shariah) are often

    involved in long and bloody disputes. Lets take examples of Quwait vs

    Iraq, Iran vs Iraq, and so on and so on. And in the domestic affairs

    there is not enough fact of their success. Moreover, those cases

    happen in generally Arab countries which are culturally similar. How if

    the country is so diverse such as Indonesia? Would it be impossible for

    the realization of the idea ofshariah?

    Besides that, the idea ofshariah implementation will just hurt the

    feelings of other Indonesia minority religions. Those who oppose the

    idea ofshariah always consider the effect of the application to those

    minorities. The minorities will never accept the idea because it will just

    like excluding them form the mainstream of the country. The minorities

    will never be treated equally by the law because they are indeed not

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    equal. This is because people other than Muslims in the shariah will

    not have the same rights and obligation. Those who are obliged to do

    shariah are only Muslims and therefore, Muslims will become the

    subjects in many (if not all) important governmental positions.

    Meanwhile, the people from the other religions are only the objects of

    the government policy. And this is just not fair. Although minority

    religions in Indonesia are only 12 percent of the whole population, it

    does not mean that they have to accept what the majority decides. It

    will be a hard work to ensure those minorities just to follow the rule

    that apply to them. Not only that. Even, it is very hard to make sure

    the whole Muslim community about the importance ofshariah

    application in Indonesia.

    Analyzing the Demand ofShariah Implementation

    I argue here that shariah is not only inappropriate for the solution

    of problems in Indonesian context, but also because it can be a blunder

    to Indonesian national life. Religious conflicts, mainly, will escalate to

    higher degrees. There will be too many ending discussions related to

    this. People who are not satisfied will try to defend their opinions

    starting from the gentle actions until the hard ones, and the victims

    will be Indonesian people themselves. Adherents of Christianity and

    other minority religions will not follow this formulation. They will think

    that they are treated just like as second-class citizens. Not only

    conflicts with other religions will happen, but also conflicts within Islam

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    itself. For Islam is of many kinds of interpretation, each will struggle to

    promote their own ideals. Each wants to urge the values of Islam based

    on their own interpretation. Traditionalist and modernist Muslim may

    fight each other to insert their aspiration which may contradict to the

    others. As a result, the communal conflicts that severely happened in

    the early Post-Suharto era are likely to go on.

    Religious conflicts happened very badly in 1999 when Ambon, a

    city in Maluku Indonesia, in which Christians and Muslims had lived

    there peacefully, was struck by the violence conflict. Unfortunately, it

    was between Christians and Muslims who had lived side by side in

    peace for very long time. There were a lot burnings of mosques and

    churches. Hundreds of people were dead, and thousands of them were

    homeless. Even though many scholars believe that it was not purely a

    religious conflict, it cannot be denied that religious sentiments still

    played essential roles in the national life. For example, what happened

    in Ambon Maluku was initially because of other (economic or political)

    issues, but then it could be easily driven to the religious intolerance

    because religious sites as well as religious people were then becoming

    targets of the conflict. The conflict wouldnt have been bigger unless

    the religious sentiment was suggested.

    This is the fact that Indonesian people is easily mobilized by

    religious issues. Just like what happened in the Suharto era. There was

    an issue of Christianization which aroused the anger of Muslim society.

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    Muslims could not accept this as a legal practice. Many Muslims at that

    time were reported convert to Christianity. As the reaction of this,

    Indonesian Muslims struggled to diminish the Christianization. Many

    illegal churches were burnt down. Again and again it was because of

    the religious sentiments. People find it hard to understand that

    tolerance is a must in the integration of Indonesia. They may

    understand it, but when faced with real situation they may lose their

    consciousness, mainly if driven by religious fanatism.

    In the Muslim community itself especially from the abangan,

    which is actually the majority group of Muslim, it is too difficult to

    accept the consequence. In their mind, religion is only a private matter

    between men and their God. One cannot force someone else to do

    worship as it is suggested by God, because each has their own

    appreciation of religion. In abangan or common Muslims, with the

    relatively lower degree of religiosity, shariah is all about the

    punishments that in the human rights sense are unacceptable. Some

    of the punishments that they are worried about (because they think

    that these are inhuman are the cutting hand for thieves, dead penalty

    forzina doing sex out of legal marriage, and many more.

    Besides, those who support the establishment ofshariah have no

    enough reference about the real implementation of it. All of them

    refered the shariah to what had been done by Prophet Muhammad in

    the early 7th century. To me its too long to return back to the nostalgic

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    of the past. Also, the conditions and situations of the society are far

    different. Those who support shariah fail to see that people are always

    changing. To them, no matter how people change, but Gods command

    is never changing. In here I argue that the shariah supporters are

    textualists. They never give enough consideration of the application in

    todays context. Even, if they are based on the context, they still have

    hindrance to insert it in the modern atmosphere. The text is never

    changing. It is true. But since the society is always changing, updated

    interpretation should be applied.

    I cannot believe if there is a consensus ofshariah in Indonesian

    context, even in the Muslim community. They often disagree with each

    other in the very simple implementation of Islamic teaching in daily

    life. I take an example, that the Modernists never agree with the

    typical way of the worship performed by the traditionalists. They might

    say that it was not based on the real Islam. So, what is real Islam is

    still debatable. Another example is that the Modernists and

    Traditionalists often hold the celebration of Eid el Fitr (the Islamic holy

    day) in different days. The traditionalists may hold it later then the

    Modernists, or vice versa. I think if they may disagree in a very simple

    case, how can they agree each other in the bigger case, like the state

    affairs?

    The idea of promoting Islamic law or shariah is then only a

    utopia. It is only nostalgia of the past and the hope for a never-realized

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    condition. It is rather than as blunder rather than solution. Indonesia

    has once reached national integration which can include all differences

    in Indonesia with the formulation ofPancasila, but then shariah idea

    came to destroy all the good order.

    Conclusion

    Shariah implementation has been revived by some Muslim

    activists to repair the condition of Indonesia which is full of bad

    practices of corruption, collusion, and other bad things, be they in

    governance or in the Indonesian daily life. They argue that Islamic law

    is the only solution to bad Indonesian life. This idea has got a lot of

    oppositions not only from non-Muslims but also from the Muslims

    themselves, though. The oppositions say that it will endanger the

    Indonesian diverse society.

    From the perspective of socio-culture and political culture it can

    be concluded that Islamic law or shariah is not a solution to Indonesian

    context. Even, it can be a blunder in which conflicts may occur

    severely. The conflicts are not only between Muslims and non-Muslims

    but it can be within Muslims. This can be so because there is no

    agreement which kind of Islam is going to be applied.

    The best thing that can be done is to keep the Pancasila as the

    basic foundation for Indonesian people. Pancasila has proved to be the

    most accommodative formula for Indonesia which consists of people

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    from different backgrounds of ethnicities, races, and religions. What is

    to improve is to insert religious values not only from Islam but also

    from other religions which can give benefits for the whole community.

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