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All Journal Al-Manahij: Jurnal Kajian Hukum Islam BERKALA SAINSTEK JOURNAL OF INDONESIAN ISLAM MAHKAMAH: Jurnal Kajian Hukum Islam Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum Mazahib Constitutional Review Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Lektur Keagamaan KAMI MENGABDI
Ahmad Rofii
Institut Agama Islam Negeri (IAIN) Syekh Nurjati - Cirebon
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemistry Education Electrical & Electronics Engineering Energy Engineering Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Transportation Other

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Journal : Mazahib

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Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan Rofii, Ahmad
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.275 KB) | DOI: 10.21093/mj.v19i1.2142

Abstract

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Keywords: constitution-making, Afghanistan, the 2004 Constitution, Islam clauses, Islamic.
Co-Authors abriantoro, adji putra Anam, M. Khairul Danuarta, Thony Firdasa Sembiring, Silsila Jana gunawan, setia Hamdala, Marcia Rizky Karlina, Diyajeng Luluk Khana, Rajes Manurung, Elyezer Marolop, Gottlieb Mufit, Choirul Muhammad Sobirin Nur Rukhama Santoso, Kukuh Aris Sinaga, Muktar Sundara, Denny Magni Tiorivaldi, Tiorivaldi Widya Cahyadi