Bureaucratizing Sharia in Modern Indonesia: e Case of Zakat, Waqf and Family Law
Author(s)Asep Saepudin Jahar
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Abstractis 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.