Fiqh Reconsidered: Indigenization and Universalization of Islamic Law in Indonesia

Abstract

Developments in the Islamic world outside of the MENA region traditionally receive little scientific attention. Contrary to this trend, this article focuses on current debates on and developments in the methodology of Islamic Law in Indonesia that are intertwined with the larger process referred to as ‘indigenization of Islam’ in the Southeast Asian country. The pluralistic nature of law in Indonesia leaves room for a rather theoretical and non-juridical discussion of fiqh and enables a renewed exploration of Islamic Law. While easily perceived as a purely religious endeavor, this process comprises important political, social, and religious components and aims at balancing out religious and legal demands and Indonesian culture. By taking various documents and multiple perspectives on Islamic Law into account, this article illustrates the emergence of a genuinely Indonesian Islam and proves how elements of indigenization, globalization, and universalization characterize the process.