7 - Conclusion

Summary

This book has traced the process and the outcome of constitutional reform from the perspective of shari'a, which took place in Indonesia from 1999 to 2002 as part of the democratic transition. In particular, I have focused on three main issues: human rights provisions, the rule of law, and the position of religion in the amendments to the 1945 Constitution.

This concluding chapter serves two purposes. First, it summarizes the findings of each of the earlier chapters. This summary is designed to clearly identify answers to the questions posed in Chapter 1 and to emphasize the contribution that this book has made to the scholarly literature. The second purpose of this chapter is to look ahead at the prospects for the establishment of shari'a in Indonesia. In particular, I will consider how the debate, process and outcome of constitutional reform during 1999–2002 might influence the current and future situation.

SUMMARY OF FINDINGS

This book has asked the crucial question implicit in the amendments to the 1945 Constitution: can Islam and democratic constitutionalism be fused without compromising on human rights, the rule of law and religious liberty? The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.

At the outset of this book, I have shown that there is a group that believes that shari'a is incompatible with constitutionalism. This group is divided into two camps: authoritarian/fundamentalist and secularist. On the other hand, there is a second group that holds the view that shari'a can walk together with constitutionalism. This position rejects both the views of authoritarians and the secularists on this subject. It is essential to note that I support this second group which holds the view that constitutionalism and shari'a are compatible.