The central aim of this research is to examine the rights of religious minorities within Islam, seen as deviant to Islamic religious orthodoxy in Indonesia. This socio-legal analysis tries to reconcile the multi-dimensional problems to protect the rights of religious minorities within Islam especially their freedom of religion or belief. This topic is very significant to examine because the distinctive feature of religious minorities within Islam in Indonesia is widely seen as a threat to Islamic orthodoxy as well as affecting the concept and the management of religious harmony in Indonesia.
This research firstly examines the fundamental regulation of religious minorities in international human rights instruments. It evaluates basic concepts of human rights protection such as non-discrimination and equality principles as the two most essential pillars of human rights architecture. Additionally, it examines the discourses of religious minorities within Islam and provides a discussion on egalitarian and universality principles of human rights and communalism concept in Islamic law to observe the contention of the rights of religious minorities in Islamic law itself. Then the framework of international human rights law and Islamic law are used as grand legal theories to discuss the protection of religious minorities within Islam in Indonesian context. The theories examine in detail the multi-faceted challenges to protect religious minorities in Indonesian law such as Pancasila, the Indonesian ideology and the 1945 constitution as ‘grundnorm’, and its derivative norms in some national ordinances. Furthermore, it observes the state policy and socio-religious context to comprehensively examine the dilemma of religious minorities to get their rights and freedom.
Member of the Indonesian Consorsium for Human Rights Lecturers (Sepaham Indonesia)
Director of Research Institute of Human Rights Jember University Indonesia