Bureaucratizing Sharia in Modern Indonesia: e Case of Zakat, Waqf and Family Law

Abstract

is article examines the “bureaucratization” of Sharia in
 Indonesia, giving special attention to zakat, waqf and other aspects of family
 law. e bureaucratization of Sharia aims to modernize the legal system for
 Muslims in order to provide certainty and justice in solving legal disputes.
 While some scholars view the incorporation of Sharia into state law as an
 attempt at Islamization, this study argues that this process reects increasing
 bureaucratization rather than Islamization. e incorporation of Sharia
 into state law is a project of formalizing a state-dened brand of Islam and
 Sharia legislation. is phenomenon has precedence in premodern Muslim
 governance and can be traced from the colonial period. In contemporary
 Indonesia, the Ministry of Religious Affairs and religious courts have played
 a central role in bureaucratizing Sharia. To support the argument, this
 study will explore Indonesian family law, including zakat and waqf.