Can the Muslim World Borrow From Indonesian Constitutional Reform? A Comparative Constitutional Approach
This paper attempts to analytically examine thepossibility of constitutional borrowing for the Muslimworld regardless the differences in history, system, culture,language, and characteristics. It discusses this issue bylooking at the arguments put forth by the opponents ofcomparative constitutional interpretation and their counterarguments. It will consider materials from Canada, USA,South Africa, Singapore, Malaysia, and Hungary, taking theposition that constitutional borrowing can be justified. Thepaper argues that the 1999-2002 Indonesian constitutionalreform should be taken into account by other Muslimcountries in undertaking their constitutional reform. Thesubstantive approach of the Shariah that has been used inIndonesia has shown that Muslim world can reform itsconstitutions without the assistance of Western foreignpolicy. Indonesian constitutional reform has demonstratedthat Islamic constitutionalism comes from within Islamicteaching and the Islamic community itself; it is a homegrown product.