Introduction

The first part of this volume focuses on constitutionalism and the rule of law. In Chapter 3, N.A. Fadhil Lubis explores possible foundations for constitutionalism in Islamic values and jurisprudence from an Indonesian Sunni perspective. He argues that the technicalities of Islamic jurisprudence make possible a gradual assimilation into Islam of concepts from Western political theory. However, the increasing call to incorporate and implement Islamic law into the Indonesian Constitution makes it crucial to clarify which constitutional values should be embodied in an Islamic state. In Chapter 4, Adnan Buyung nasution identifies areas of potential conflict between a modern constitutional state and a state that adheres to Islamic values. He explores how Islamic values can be deployed to moderate the apparent opposition between democratic and absolute law. Nonetheless, as Brian Galligan argues in Chapter 5, Western democratic constitutionalism is not itself without ambiguities. More attention should be given, Galligan argues, to the ethical basis for law, specifically as to how it grounds the establishment and amendment of constitutional systems and provides a reference for assessing the justice of particular laws and

acts of government. Galligan’s approach to Western constitutionalism opens up the possibility of a dialogue with Islamic approaches to governance. Still the fact remains that in Islamic legal-political thought, God has sovereignty and the state is not recognized as an independent object of allegiance. Instead, the role of the government is to implement and enforce divine law. This role of the state leads to problems which remain to be resolved. In Chapter 6, Spencer Zifcak argues that a more developed doctrine of the rule of law needs to be developed to handle these tensions. Without clear distinctions between religion and politics, and between personal and institutional authority, the rule of law may prove difficult to establish and enforce in an Islamic society.