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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Blasphemy, Islam and the State: Pluralism and Liberalism in Indonesia

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ISBN13: 9781138694675
To be Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world's largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country's liberal constitution.

The book thus contributes to understanding the role of religion in the development of democracy in the world's largest Muslim nation. A key objective is to test the argument that Rawls' thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.

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Islamic Law

Chapter 1: Islam and Pluralism
Setting the scene – sholat dwi bahasa
Ritual prayer – a Pillar of Islam
Islam, the Constitution and the State
Contribution of the Research – Why Rawls?
Chapter Outline

Chapter 2: Rawls and the Challenge of Faith
Political liberalism
Overlapping Consensus
Public reason
The Role of Courts
Commentary and critique
Agreement and Divergence

Chapter 3: Faith and Freedom in Indonesian Law
The Promotion and Protection of Religion
State, Law and Religion
Judicial review of the Blasphemy Law
The Constitution - Compromise or Compromised?

Chapter 4: MUI – The Institutionalising of Indonesian Islam
Islam in Indonesia
Innovation and related concepts
Innovation in Indonesian Islam
Majelis Ulama Indonesia and its fatawa
Orthodoxy Entrenched

Chapter 5: Case Study Part 1 – The Language of Devotion
Pondok Itikaf Jamaah Ngaji Lelaku
The publications
The fatawa
Key events
Reaction and Resonances

Chapter 6: Case Study Part 2 – Innovation on Trial
The Indictment
Defence Case
Court Decision
Blasphemy - A Case Note

Chapter 7: Islam, Public Reason and the State
Case Study of Post-Soeharto Indonesia
Rawls, Islam and the State
Pluralism and Liberalism in Indonesia
Rawls and Indonesian Pluralism
International Instruments
Legislation and Legislative Instruments
Books and Journal Articles