Jimly Asshiddiqie

Apr 5th, 2007, in News, by

Constitutional court head Jimly Asshiddiqie on harmonising Islamic law and Indonesian law.

The head of the constitutional court, Mahkamah Konstitusi (MK), Jimly Asshiddiqie, says Islamic law and Indonesian law have to be brought into harmony.

Islamicness and Indonesianness have to go together harmoniously.

Speaking to a gathering of the Muslimat Nahdlatul Ulama (NU) in Jakarta last week Jimly said unfortunately there were many Indonesians who could not accept the concept that Islamicness and Indonesianness were two sides of the same coin.

Jimly Asshiddiqie
Jimly Asshiddiqie.

People often applied a double standard in their lives, he said. Some people looked at Islamic law as the pinnacle of all law and disregarded or disrespected Indonesian law as set out in the 1945 constitution, and vice versa.

There was a dualism in society which could cause conflict if each side tried to force their own view of things onto the other. The key to solving the problem, he said, was to bring the sides into harmony, in order to create a society of religiously observant citizens.

Islamic law in the right hand, Indonesian law in the left hand.

The prophet Muhammad, he said, was a good example to be followed in that he managed to synchronise religious law with the other aspects of a country and people. The people in Muhammad's time were required to obey the dictates of religion while the Medina Charter provided for a social contract among the people.

Muhammad also created a democratic system, he said, with every policy and decision being put to the community for debate.

In response to these words Khofifah Indar Parawansa of Muslimat NU agreed that harmonising Islamic law and Indonesian law was something that needed to be done. She recommended a "substantive" approach.

However Khofifah, who is a parliamentarian from the Partai Kebangkitan Bangsa (PKB), said that the Muslimat NU did not agree if the institutions of the state were "harmonised" with Islam, as this would lead to Indonesia becoming an Islamic state.

Khofifah Indar Parawansa
Khofifah Indar Parawansa.

Conflicts in society over the issue arose because there were two extreme ends of thought, the secular one and the Islamist one. The ideal approach was one that enabled religion to be the spirit of daily life, a spirit concerned with justice, honesty, and tolerance, without allowing it to alter the institutions of the state. antara


16 Comments on “Jimly Asshiddiqie”

  1. avatar Masindi says:

    What is Indonesianness? Is it more like Java style or Makassar or Papua style of living?
    Islamicness? Egyptian or Saudi or Turkish style?

    This Jimly does not know what he’s talking about. I feel like dismissing him from his current position. Can I?

  2. avatar Rambutan says:

    Again Jimly is talking out of his backside and proves that he is has strongly conservative views. He was after all a ICMI member for a reason. As the Chairman of the Constitutional Court he should refrain from such statements. His job is to guard the Constitution and not to produce this drivel about harmonising Islamic and Indonesian law which would actually be in violation of the Constitution.

  3. avatar El Gran Combo Puertorico says:

    So, they have finally figured out the politically correct term for “islamization +(Arabization)”?, “harmonization”?

    hmm… cool.

  4. avatar Karina says:

    How about the other 4 official religions recognized by Indonesia? Somebody please stuff this idiot’s mouth with panty liners!

  5. avatar Mohammed Khafi says:

    Don’t we have any smarter people in the country than this?

    Peace

  6. avatar Bas says:

    The nice thing about these guys is you can read everything on their face. Look at Laskar jihadist or those politicians facies. They don’t even need to open their mouth, only from their face you can see how “well educated and intelligent” they are. No wonder they need religion and corruption to get women laid.

    What a charming country.

  7. avatar Robert says:

    Islamicness and Indonesianness have to go together harmoniously.

    If there would be an Nobel Prize for sugarcoating a message, Jimly Asshiddiqie surely would get it. Why doesn’t he say directly, he wants Indonesia to become an Islamic state instead of using this mumbo-jumbo.
    He should quit his job immediately, one might expect from the head of the constitutional court that he respects and defends the Constitution instead of squandering it.

    Islamic law in the right hand, Indonesian law in the left hand.

    And common sense down the drain and all other religions a kick in their butt.
    Farewell Pancasila, welcome Islamic state!

  8. avatar Saipul says:

    Oh boy, Jakarta is going to have some real fun when they start to create their Islamic state. The entire might of the Indonesian military couldn’t even suppress the separatists in East Timor. It took them three decades just to get the tiny OPM under control. What do you think is going to happen when North Sulawesi, Bali, Maluku, East Nusa Tenggara, Papua, and West Papua all rise up against this syariah (or as I call it, syit)?

  9. avatar Mohammed Khafi says:

    Robert said:

    He should quit his job immediately, one might expect from the head of the constitutional court that he respects and defends the Constitution instead of squandering it.

    What can you expect from a system as corrupt as ours? Both the Constitutional Court and the Departemen Agama are Brothers in Arms. They are all cheating and lying to increase their own wealth and power, and hiding behind a religious facade which appears to make them invisible to all but a small percentage of the people of Indonesia. If he had any Principles or Honour he would quit, but as you can see quite clearly Principles and Honour are sorely lacking in our Government and Civil Service!

    Peace

  10. avatar Lotus 7254 says:

    Please have a look at all midlle eastern countries that set up Islam as foundation of their constitutions or its national religions. Do these countires respect democracy or let their people living in democratic values (in fact, most of them are ruled by dictators)?, are they listed as the world’s least corrupt countries (in fact they are among the most corrupt countries)?, are the gaps between rich and poor people narrow (in fact way wide!)?, etc —- I even don’t mention as the freedom in speaking up their mind or idea doesn’t exist there, it leads these countires are behind in technology, culture, art, education, and many others.

    Hence please open your eyes, use a little bit your brains, you can see right away how terrible it is.

    Freedom, respect others, democracy, and all that are the values that will lead any country in better ways in many aspects. And Pancasila and our constitution ensure us to live with these values.

  11. avatar Robert says:

    Saipul,

    What do you think is going to happen when North Sulawesi, Bali, Maluku, East Nusa Tenggara, Papua, and West Papua all rise up against this syariah (or as I call it, syit)?

    I am curious to know. Do you think there will be a kind of uprising against the (Islamic) authorities in Jakarta? It could lead to severe religious violence and in the worst case even lead to a civil war. In the latter, the fate of Indonesia as a unitarian state would sealed, and parts would separate.

    I wonder if the Government would take that risk, but one never knows. There seem to be many politicians and religious leaders who are in favor of Indonesia becoming an Islamic state, so who knows. And the fact that now even the head of the constitutional court, Jimly Asshiddiqie, is suggesting this (without actually saying it) might indicate the Islamic state is slowly approaching.

  12. avatar ChiJoker says:

    According to Jimly, the right hand (and all that is good) goes to Islam, and the “buang air besar” cleaning is left to all things Indonesian. Sounds a bit like the entrenched role of domestic workers from Indonesia throughout the Arab world. Could I suggest a new Indonesian flag to bear out this deep symbolism more literally?

  13. avatar pj_bali says:

    Robert

    There is a book by Kerry Collison called” the fifth season” that deals with a similar subject. It does not make for pretty reading. A civil war in Indo would have far reaching consequences throughout south east asia. Lets hope it dosen’t come to that.

    Isn’t it kind of ironic that the head of the constitutional court is entertaining a system which would emasculate the constitution ie: his job?

  14. avatar Robert says:

    pj_bali,

    There is a book by Kerry Collison called “the fifth season” that deals with a similar subject.

    Thanks for the tip, I will try to find the book. It seems an interesting read.

  15. avatar anton minardi al-faruqi says:

    I think that is his right to speks on his idealism as a good muslim. Indonesia as mostly muslims region suitable for implement syari’ah, nor in America or Eroupe now wheter Muslim as minority. Islam will protect of all peoples muslims and non muslims, not like in several countries there’s human right always be main topic but not in reality…he he.

  16. avatar Oigal says:

    I am curious Anton which country with Sharia currently looks after the human rights for both Muslims and non Muslims. Oh and what are we going to do with those regions without a Mulsim majority who don’t want Sharia law?

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