Constitutional Limits of Islamic Law: God in the Preamble to the Indonesian Constitution

Abstract

The references to God in the preamble to the Indonesian Constitution raise a fundamental question, “do these references mean that the Constitution should be religious?” This paper aims to propose a new interpretation to the references to God in the preamble. Particularly, it suggests reinterpretation of the trajectory of the phrase “belief in One and Only God” in the making of the 1945 Constitution and during the amendment process, and of its legal significance. This article will also examine the implication of those references for the legitimacy of the state implementation of Islamic law. By analyzing the Constitutional Court’s decisions in the Religious Court Jurisdiction case, this article further investigates the implication of the constitutional interpretation of this phrase for the constitutionality of Islamic law. It argues that the preamble which is secular in nature provides the paradigm for enabling and limiting the institutionalization of religion, including Islamic law.