Amelia Fauzia (2013). Faith and the State: A History of Islamic Philanthropy in Indonesia. Leiden, Netherlands: Brill. ISBN: 9789004233973. i-xxxi + 346 pages.Amelia Fauzia's thorough analysis of Islamic philanthropic practices in Indonesia from the early decades of Islam in the archipelago to today is more than a timely review of a tradition that both perpetuates and influences state-civil society relations. Given their historical continuity, cultural tenacity, and social, political, and economic relevance, these practices - also referred to as zakat (almsgiving), sedekah (donation, giving), and waqf (religious endowment) - play a vital role in Indonesian society today.As a lecturer of Islamic History and Civilization at the Syarif Hidayatullah State Islamic University in Jakarta and holding a PhD in Indonesian history and Islamic studies from the University of Melbourne, Amelia has been working on the topic of Islamic philanthropy since 2002, when she engaged with a global research project on "Philanthropy for Social Justice in Muslim Societies". This project brought together researchers from six different countries under her leadership, supported by a team of experts at the Center for the Study of Religion and Culture (CSRC) in Jakarta (in- cluding Chaider S. Bamualim and Irfan Abubakar, with whom she co-edited Filantropi Islam dan Keadilan Sosial [Islamic philanthropy and social justice] in 2006). Following several publications on the above-mentioned topics as well as on Islamization, Islam- ic identity, and civil society, Faith and the State is the subsequent publication of her PhD thesis - an extensive review and detailed analysis of the practices of zakat, se- dekah, and waqf in Indonesia and their role in shaping the relationship between the state and Muslim civil society. Her central argument is that Islamic philanthropic ac- tivities, including the establishment of educational institutions, the provision of com- munity services, or the financial support of community development projects, repre- sent an element of a strong civil society and grow in the face of a weak state (p. 7). Amelia maintains this idea throughout her book without ignoring the complexity of the specific historical, socio-political, and cultural contexts.Faith and the State deals exclusively with Islamic philanthropic practices in Indone- sia and their development from the early centuries of Islamization to the more recent events of the post-New Order regime. It looks at the social and cultural consolidation of different forms of giving against the background of Islam and at various processes of reformation, (re)organization, and legislation of these practices. Islamic philan- thropy is presented as a dynamic and a highly contested space between the private and the public realm, between faith and the state (p. 6). Both a part of civil society (following Kathleen D. McCarthy, author of the American Creed: Philanthropy and the Rise of Civil Society) and "an indicator of the state-civil society relationship" (p. 9), philanthropy renders a neat separation between the private and public as well as between the state and society hard to achieve. Avoiding structural and conceptual di- chotomizations, Amelia indicates how, regardless of the role played by Muslim elites, religious authorities, or the state, Islamic philanthropy will never be fully formalized or regulated, mainly because of its authentic origin in the "altruistic and reciprocal nature of people" (p. xvii) and in the collective awareness and "concern for the wel- fare of others" (p. 1). And, although Islamic philanthropic activities are every so often used as a tool to communicate advanced ideas of social justice and to promote social change, the majority of philanthropic practices remain mostly traditional and self- contained, performed by Muslims motivated mainly by their faith.The book is chronologically structured around three major periods in the history of Indonesia. …

Faith and the State: A History of Islamic Philanthropy in Indonesia

Muslim Legal Thought in Modern Indonesia

I. INTRODUCTIONThe Dutch Islamic policy on Indonesia throughout colonialization was largely shaped by the advice of one individual, Christian Snouck Hurgronje (1857-1936). Snouck Hurgronje was considered an architect of the Dutch colonial efforts to manage Islamic developments its East Indies colony. As pointed out by Harry J. Benda, Snouck Hurgronje distinguished the religious features from the political character of Islam.1 Snouck Hurgronje believed a policy of tolerance would best manage the growth of Islam in Indonesia, and would result in a measure of stability within the colony. Such a tolerant attitude would also ensure that the principle of religious freedom enshrined in the Dutch Constitution would be upheld. Snouck Horgronje, however, did not extend this tolerant attitude to those utilizing religion for political means and purposes. In contrast, he suggested that the colonial government take tough measures aimed at preventing the development of politico-religious endeavors. In view of this, there were at least three objectives of the Dutch Islamic policy. The first was to maintain security and order in the colony; the second was to ensure personal liberty concerning religious practices of Indonesian Muslims; and the third was to block the growth of Islam as a political movement as well as a predominate culture.2The independent Indonesian government was certainly affected by the colonial Islamic policy. The question, however, is to what extent the government of Indonesia was influenced by colonial policy. Despite conventional wisdom that Indonesia was strongly influenced by Hurgronje's Islamic colonial policy, this study contends the contrary. I will argue here that President Soeharto, who ruled from 1966 to 1998 (popularly known as the New Order regime) was not really the skilled disciple of Snouck Hurgronje.3 While the effect of the Dutch policy was to discourage religious practice, the effect of Soeharto's policy was to encourage greater religiosity. This contrast is evidenced by the respective zakat policies of the colonial and the New Order era.This article seeks to demonstrate that the colonial and the New Order policies on zakat had different motives. These significant policy differences support the argument that Dutch Islamic policy had only a minor influence on the independent Indonesian government. Official government policy toward zakat since the New Order era has changed significantly. If the colonial policy on zakat was relatively successful in maintaining the low level of Muslim piety regarding their zakat obligation, a strong case can be made that the New Order's zakat policy enhanced the level of Muslim devotion to pay the zakat.4 Unlike Snouck Hurgronje, who attempted to prevent the government apparatus from being involved in encouraging Muslims to pay zakat, President Soeharto engaged himself personally in the task of zakat collection and thus set a standard for many Indonesian Muslim citizens about exemplary Islamic piety. Indeed, as a result of a more pronounced Islamization of Indonesia, the effect of the Dutch Islamic policy gradually diminished on the administration of zakat in particular. A number of Islamic policies on zakat practice were developed in the late New Order era and became consolidated after the downfall of the Soeharto regime.The focus of this study is the involvement of state officials in the zakat administration during the colonial period and under an independent Indonesia. It will examine the legacy of Dutch Islamic policy on the Indonesian government in its efforts to manage the zakat payments. To this end, the second section will provide a brief overview of the practice of zakat in Islam and its incorporation into legal systems of some Muslim countries. The third section will discuss the Islamic practice of zakat during the colonial period while the fourth section will present the New Order's policy on zakat. The fifth section will not only identify the differences between the colonial and the New Order policies on zakat, but will also evaluate to what extent the impact of colonial policy is observable in the era of the Soeharto government. …

[15PacRimLPolyJ0683] The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia

Indonesia is well-known as a Muslim majority. However, this does not make Indonesia as an Islamic country. The relationship between religion and state in Islam is fairly interpretive and it nowadays still becomes a debate. The government system applied in this country is democratic. Besides, there has to freedom for the ulama in preaching without being limited by space and time. A number of ulama are currently being persecuted and intimidated that impacts to the lecture to be either stopped, postponed, or even canceled. At this part, the role of the umara (government) is required in enforcing the applicable law and also maintaining security and order in society. This paper aims to highlight the relationship between religion and state in Indonesian by observing the position of the ulama and the role of the umara in terms of Indonesian government. This paper used a qualitative approach to literature research. The data in this study was obtained from library materials. Data analysis methods used in this study were data reduction, data presentation, and conclusion. The results of the analysis showed that in Indonesia there is a separation between religion and state as the secularistic paradigm. However, it is not completely secularistic because in national legal system there is also a transformation of Islamic law. Religious and state affairs are not able to be separated, so are ulama and umara. It is because the state will experience a crisis in religious knowledge without ulama. Otherwise, without umara, religion cannot be implemented correctly within the country. Indonesia merupakan negara yang berpenduduk mayoritas Islam. Namun bukan berarti Indonesia adalah negara Islam. Hubungan agama dan negara dalam Islam cukup banyak penafsiran. Dalam Islam, hal ini masih menjadi perdebatan sampai saat ini. Sistem pemerintahan yang diterapkan di Indonesia saat ini adalah sistem demokrasi. Terlepas dari sistem tersebut, tentu harus memberikan kebebasan para ulama dalam berdakwah tanpa dibatasi oleh ruang dan waktu. Saat ini, ada ulama yang dipersekusi dan diintimidasi sehingga ceramah yang hendak dilaksanakan terpaksa dihentikan, ditunda, bahkan dibatalkan. Disinilah diperlukan peran umara (pemerintah) dalam menegakkan hukum yang berlaku dan juga menjaga keamanan serta ketertiban di masyarakat. Tulisan ini bertujuan menyoroti relasi agama dan negara dalam konteks Indonesia dengan melihat kedudukan ulama dan peran umara dalam pemerintahan Indonesia. Tulisan ini menggunakan metode pendekatan kualitatif yang bersifat penelitian pustaka. Data-data dalam penelitian ini diperoleh dari bahan-bahan yang bersifat pustaka Metode analisis data yang digunakan dalam penelitian ini yaitu reduksi data, penyajian data dan penarikan kesimpulan. Hasil analisis menunjukkan di Indonesia terjadi pemisahan antara agama dan negara sebagaimana paradigma sekuleristik. Tetapi disini tidak sepenuhnya sekularistik karena pada hukum nasional Indonesia juga terjadi transformasi hukum Islam. Urusan agama dan negara tidak dapat dipisahkan. Begitu juga dengan ulama dan umara tidak dapat dipisahkan karena tanpa ulama maka negara akan mengalami krisis ilmu agama dan tanpa umara maka agama tidak bisa diterapkan secara sempurna dalam suatu negara.

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Ulama and Umara in Government of Indonesia: A Review Relations of Religion and State

This article discusses Islamic civilians' struggles in gaining recognition of ‘positivization’ of Zakat Law No. 38/1999 and analyzes dynamics of relations between religion and the state in Indonesia. A period of democratic transition from Suharto to B.J. Habibie (Reform era 1998) marked an entry point for a new phase of state juridical recognition to Islamic law. In this paper, the dynamics of political recognition of zakat law are elucidated from a historical-critical analysis. The findings are twofold. Firstly, the zakat law was enacted during B.J. Habibie’s administration, where waves of democratization began. Secondly, the Islamic civilians played an important role in institutionalizing zakat and providing political support for the Ministry of Religion's efforts in proposing Zakat Management Bill (RUUPZ) to the House of Representatives. The state acknowledged multicultural society by adopting their living religious law whose application does not threaten the nation's unity.

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THE A Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era

Temporary marriage or nikah mut’ah is a classic discourse which is still being debated Apart from the differences of opinion between the sunni and syiah groups, the writer has viewed it is urgent to temporary marriage as an alternative solution to avoid adultery This paper will discuss the practice of temporary marriage from the perspective of human rights shari'ah with the aim of seeing the reality of the prevailing laws and regulations in Indonesia and the perspective of maqashid shari'ah to analyze the concept of temporary marriage This paper is a qualitative research with a library research study approach with an explanative research nature and an evaluative research form This study aims to identify the problem of temporary marriage, then offers a solution through the application of basic research using the post positivism paradigm The findings of this study explain that the relationship between the concept of temporary marriage with legislation in Indonesia and maqashid shari'ah is not contradictory, even the practice of temporary marriage is in line with the spirit of Human Rights and does not violate from maqashid shari'ah

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Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah

This study explains al-Ghazali’s argumentative criticism in Tahafut al-Falasifah. It aims to analyze the intentions of al-Ghazali’s argumentative refutation of other alleged rational thinkers considered by irfani epistemology as the cause of decline of Islam and to observe the method used by al-Ghazali in his argument. This study is a library research which is included in the qualitative research cluster. The result of study is that the intentions of al-Ghazali’s argumentative criticism are to discuss the twenty errors of Muslim philosophers, namely al-Farabi and Ibn Sina in matters of metaphysical philosophy. The method used by al-Ghazali is also the same as Aristotle’s criticism of Eudoxus, that is attacking Muslim philosophers in terms of the arguments they built, even labelling them as heretics and infidels/apostates. This method is known as argumentum ad hominem because it attacks Muslim philosophers when it comes to argumentation. It is built on the dialectical method of speech or in other terms known as jawab wa su’al which always recalls an imaginary trial.

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RETHINKING THE BOOK OF TAHAFUT AL-FALASIFAH: Examining Al-Ghazali’s Argumentative Criticism Against the Thinking of Philosophers

This paper discusses the thoughts of Bactiar Efendy in his work entitled Islam and the State; Transforming Islamic Political Thoughts and Principles in Indonesia, to see the relevance and reflection of his thoughts on the relationship between Islam and the State. This paper is included in the cluster of qualitative research involving library research. This study uses data analysis conducted after a set of library documentation is obtained, then the data is analyzed and analyzed including data reduction, data display, and conclusion making. The research results obtained in this paper that Bahtiar Effendy is a Muslim scholar and professor of political science at UIN Syarif Hidayatullah Jakarta and Chairman of PP Muhammadiyah. The relevance and reflection of his thoughts on political Islam in Indonesia in his work do not consider secularization between Islam and the State as the best solution, instead, the contribution of Bahtiar Effendy's thought to a shifting of paradigm on Islamic politics from what previously led to formalism-legalism is shifting to substantialism, without the need to be forced make an Islamic state but enough to provide the substance of the teachings (ethical/moral), then the Indonesian state deserves to be called a religious nation-state. Keywords: Bactiar Effendy, Relevance and Reflection, Religious Nation-State

https://journal.uii.ac.id/Millah/article/download/15231/10313

Religious Nation State: Bahtiar Effendy and Islamic Political Thought

Peneliti mencoba melirik perjuangan pernikahan mutah, tanpa harus menjustifikasi sesuai dengan kepentingan tertentu. Bahwa nikah mutah hingga dewasa ini, selalu menjadi primadona dalam pergumulan hukum Islam. Penelitian ini masuk ke dalam cluster kualitatif menggunakan studi literatur, menggunakan pendekatan maâ€™na-qum-maghza dan menganalisis model framing, menggunakan definisi masalah, diagnosis penyebab, membuat penilaian moral, dan menyarankan solusi. Hasil kesimpulannya bahwa faktor perkawinan mutah, meliputi: kondisi perang, kondisi tertentu jauh dari domisili, hindari perzinaan. Hal tersebut berlaku jika dalam kondisi mendesak dan darurat, seperti: dalam keadaan jauh dari tempat tinggal asal karena pekerjaan dan tugas belajar, sehingga terpaksa harus jauh dari istri. Untuk itu, maka solusi dari seksAli akhbar abaib mas rabbani lubis bebas remaja yang selama ini lumrah, terutama antara laki-laki dan perempuan yang memiliki ketertarikan yang sama mengenai persoalan seksualitas karena suka sama suka (fall in love), pernikahan mutah lebih baik digunakan sebagai alternatif (making love) agar terhindar dari perbuatan zina. Di sisi lain, perlu juga disinggung bahwa hal yang mudharat dari praktik nikah mutah juga dapat membuka jalan bagi para laki-laki dan perempuan melakukan praktik atas nama agama.

Ali Akhbar Abaib Mas Rabbani Lubis

Papers

THE A Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era

Mut’ah Marriage: Between Human Rights and Maqashid Shari’ah

RETHINKING THE BOOK OF TAHAFUT AL-FALASIFAH: Examining Al-Ghazali’s Argumentative Criticism Against the Thinking of Philosophers

Religious Nation State: Bahtiar Effendy and Islamic Political Thought

Nikah mutah: kontekstualisasi narasi dan nalar nikah mutah