tradition in transformation. replacing shari'ah: criminalizing the personal sphere blasphemy...

Tradition in Transformation

Criminal Code Indonesia prohibits blasphemy by its Criminal

Code. The Code’s Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.

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Prohibits interpretations or activities that deviate from main teachings of religions adhered to in Indonesia

Commodified ReligionRitual Economy (Fisher)HalalizationArabizationConflicting spiritualitiesIntensified forms of piety

Indonesia: 1998Majles Ulama Indonesia (MUI)Nahdlatul UlamaMuhammadiyah Preachers, missionariesEducationShari’ah courts

Fragmentation of authorityBattle imagined, Arab, and real culturesAll Roads lead to Mecca State driven (Malaysia) vs. civic Islamization

Malaysian National Fatwa Council

Majles Ulama Indonesia (MUI)

IAIN & UIN: contesting debates

Right foot - left footRight food: HalalClothingArabic greetingsReadingsPopular press

Malaysia: Balance present & spiritual life.Wealth & ReasonBan Mystics, visits to graves, all non rational

activitiesBuild strong economy Islamic knowledge

Indonesia: develop Islamic educationFind balance between traditional & puritanical

God’s lawPerfect & UniversalUnchangeableJustice: replaces 1st and 2nd generations of

human rightsTakes care of individuals, society,

economic & political system, criminal & civil law

Applicable in all times and all places, regardless of local cultures or needs

Mohammad Hashim Kamali, Shari’ah Law:

Based on Qur’an (350 legal verses out of 6200)

Sunnah Prophet

Political role was a Medieval concept (Ibn Taymiyyah, d. 1328) revived by Islamist thinkers: Sayyid Qutb (d. 1966), Abu’l A’la Mawdudi (d. 1979), Muhammad al-Ghazali (d. 1992) & Yusuf al-Qaradawi.

Islamic Revivalism:Malaysia 1970sIndonesia 1980s

Post-1998 developments: experimenting how & where to apply Shari’ah laws.

MoralsEthics

Guarding communal boundariesPlace non-MuslimsChanging perspectives on Freedom of

Religion (Malang Research, 2010)

EGYPTDivorce for non-Muslims ruling

Influences:Thai Muslims, Cham Muslims Vietnam &

Cambodia: Middle East, Malaysia, India

Indonesia, Malaysia: Middle East

SEGREGATIONENFORCED RITUALS

Prayer Fasting Ramadan

WOMEN’S BODIES Clothing Restrictions Moral police Polygamous marriages

VOICES OF AUTHORITY (MUSDA MULIA)DRAFT MARRIAGE LAWPART OF PURIFYING ISLAMPART OF RETURNING TO TRADITION (SUFI

CIRCLES)ANTI POLYGAMY ANTI-PORNOGRAPHY LAW

Ahmadiyah

NU

Darul-Arqam (1971, banned in 1994), Malaysia

September 2005, an East Java court sentenced each of six drug and cancer treatment counselors at an East Java treatment center to five years in prison and an additional three years in prison for violating key precepts of Islam by using paranormal healing methods. A local MUI edict characterized the center's methods as heretical.

Mystics & Sufis from Sumatra & Java entering Malaysia

Sufis at large in Malaysia

Salafy Sufis: Arifin Illam (b. 1969)

Zikir berjama’ah (collective) Zikir taubat (repentive)

Antidote against soulless scripturalism, secularization, materialism

Middle class Malaysia: sholat tahajjud, sholat tasbih

Trained in YemenPreacherSufi message but no practiceBe a Sufi in the worldLove of God

http://www.youtube.com/watch?v=U_lp07Vd6HU preaching in Malaysia

The 'Accidental' Porn FanArmando Siahaan | April 10, 2011

PKS lawmaker Arifinto tells a press conference on Friday that he was unaware a link he received in an e-mail led to pornography. The PKS lawmaker was photographed allegedly watching pornography on his tablet computer during a plenary session in the House of Representatives.

2009: appeal, 2010 rejected. Cases: Praying in Arabic & Javanese6 May 2010, Bakri Abdullah, one year in

jail for claim to be a prophet and to have visited heaven in 1975 and 1997.

2 June 2009, Lia Eden, inventing a religion, Salamullah, two years and six months in prison.

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Prohibits interpretations or activities that deviate from main teachings of religions adhered to in Indonesia

Criminal Code Indonesia prohibits blasphemy by its Criminal

Code. The Code’s Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.