Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems
This study focuses on sharia-based local regulations in Indonesia, particularly in Padang City, West Sumatra, where such regulations exist strongly, despite the absence of special autonomy to implement sharia as in Aceh Province. However, the strong existence of these regulations has resulted in pro...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2023-12-01
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| Series: | Cogent Social Sciences |
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| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2023.2202939 |
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| author | Rohidin Rohidin M. Syafi’ie Despan Heryansyah Sahid Hadi Mahrus Ali |
| author_facet | Rohidin Rohidin M. Syafi’ie Despan Heryansyah Sahid Hadi Mahrus Ali |
| author_sort | Rohidin Rohidin |
| collection | DOAJ |
| description | This study focuses on sharia-based local regulations in Indonesia, particularly in Padang City, West Sumatra, where such regulations exist strongly, despite the absence of special autonomy to implement sharia as in Aceh Province. However, the strong existence of these regulations has resulted in problems at the community level, particularly concerning the freedom of religion and belief (FoRB), and its teachings in various forms of obedience. The study found that the existence of sharia-based local regulations in Padang needs to be understood in the context of the majority of the population in the city are Muslims who associate themselves with the Minangkabau people. These regulations exist because of the link between individual and community commitments to the Minangkabau adat, sharia, and conservative interpretations of Islam. However, the strong existence of these regulations has harmed the enjoyment of the FoRB, rooted in the logic of majoritarianism and a conservative approach. Therefore, annulling sharia-based local regulations using a judicial mechanism is a reasonable action to consider. However, this study also found that the use of a judicial review mechanism in Indonesia still contains various problems, which present a challenge in reviewing local regulations. |
| format | Article |
| id | doaj-art-192d2f30f04e49c19554461adb31173d |
| institution | DOAJ |
| issn | 2331-1886 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj-art-192d2f30f04e49c19554461adb31173d2025-08-20T03:22:22ZengTaylor & Francis GroupCogent Social Sciences2331-18862023-12-019110.1080/23311886.2023.2202939Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problemsRohidin Rohidin0M. Syafi’ie1Despan Heryansyah2Sahid Hadi3Mahrus Ali4Universitas Islam Indonesia, IndonesiaUniversitas Islam Indonesia, IndonesiaCenter for Human Rights Studies, Islamic University of Indonesia, IndonesiaUniversitas Islam Indonesia, IndonesiaUniversitas Islam Indonesia, IndonesiaThis study focuses on sharia-based local regulations in Indonesia, particularly in Padang City, West Sumatra, where such regulations exist strongly, despite the absence of special autonomy to implement sharia as in Aceh Province. However, the strong existence of these regulations has resulted in problems at the community level, particularly concerning the freedom of religion and belief (FoRB), and its teachings in various forms of obedience. The study found that the existence of sharia-based local regulations in Padang needs to be understood in the context of the majority of the population in the city are Muslims who associate themselves with the Minangkabau people. These regulations exist because of the link between individual and community commitments to the Minangkabau adat, sharia, and conservative interpretations of Islam. However, the strong existence of these regulations has harmed the enjoyment of the FoRB, rooted in the logic of majoritarianism and a conservative approach. Therefore, annulling sharia-based local regulations using a judicial mechanism is a reasonable action to consider. However, this study also found that the use of a judicial review mechanism in Indonesia still contains various problems, which present a challenge in reviewing local regulations.https://www.tandfonline.com/doi/10.1080/23311886.2023.2202939Conservativefreedom of religion and beliefjudicial reviewmajoritarianismsharia-based local regulations |
| spellingShingle | Rohidin Rohidin M. Syafi’ie Despan Heryansyah Sahid Hadi Mahrus Ali Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems Cogent Social Sciences Conservative freedom of religion and belief judicial review majoritarianism sharia-based local regulations |
| title | Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems |
| title_full | Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems |
| title_fullStr | Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems |
| title_full_unstemmed | Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems |
| title_short | Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems |
| title_sort | exclusive policy in guaranteeing freedom of religion and belief a study on the existence of sharia based local regulations in indonesia and its problems |
| topic | Conservative freedom of religion and belief judicial review majoritarianism sharia-based local regulations |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2023.2202939 |
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