The Constitutional Court and ‘Islamic’ Judges in Indonesia

11 Pages Posted: 8 Mar 2016

See all articles by Nadirsyah Hosen

Nadirsyah Hosen

Faculty of Law, Monash University

Date Written: March 7, 2016

Abstract

This article examines the personal backgrounds of the Constitutional Court judges from 2003 to 2015, particularly their Islamic affiliations. It asks: to what extent have such ‘Islamic’ backgrounds and connections influenced their decisions? Is it true that judges who have strong connections with Islam may act as defenders of Shari’a, and not as guardians of the Constitution? The article offers critical observations regarding the impact of ‘Islamic’ judges on the issue of the relationship between Shari’a and the Constitution in Indonesia. It argues that a judge’s (publicly perceived) personal (Muslim) beliefs and their expertise in Shari'a law can, in fact, make him or her a better advocate for maintaining the Constitution. This can be seen as a clear indication of the compatibility of Islamic law and the Constitution in Indonesia.

Suggested Citation

Hosen, Nadirsyah, The Constitutional Court and ‘Islamic’ Judges in Indonesia (March 7, 2016). Australian Journal of Asian Law, Vol. 16, No. 2, Article 4, 2016, Available at SSRN: https://ssrn.com/abstract=2744396

Nadirsyah Hosen (Contact Author)

Faculty of Law, Monash University ( email )

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Wellington Road
Clayton, Victoria 3800
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