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With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
'a superb book' J South Pacific L --
After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.
This book examines gender, state and social power in Indonesia, focusing in particular on state regulation of divorce from 1965 to 2005 and its impact on women. Indonesia experienced high divorce rates in the 1950s and 1960s, followed by a remarkable decline. Already falling divorce rates were reinforced by the 1974 Marriage Law, which for the first time regulated marriage for both Muslim and non-Muslim Indonesians and restricted access to divorce. This law defined the roles of men and women in Indonesian society, vesting household leadership with husbands and the management of the household with wives. Drawing on a wide selection of primary sources, including court records, legal codes, newspaper reports, fiction, interviews and case studies, this book provides a detailed historical account of this period of important social change, exploring fully the impact and operation of state regulation of divorce, including the New Order government’s aims in enacting this legal framework, its effects in practice and how it was utilised by citizens (both men and women) to advance their own agendas. It argues that the Marriage Law was a tool of social control enacted by the New Order government in response to the social upheaval and protests experienced in the mid 1970s. However, it also shows that state power was not hegemonic: it was both contested and co-opted by citizens, with men and women enjoying different degrees of autonomy from the state. This book explores all of these issues, providing important insights on the nature of the New Order regime, social power and gender relations, both during the years of its rule and since its collapse.
This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
Offers an interdisciplinary anthropological study of the Islamic world - exploring art, law, and religion - to challenge existing stereotypes.
“Undoubtedly the most comprehensive analysis of the role of culture and emergent practices in capacity building currently at hand. d’Estrée and Parsons have produced a commendable amalgamation and scrutiny of local, cultural, and Indigenous mediation practices in a number of contexts that empower local people while interacting and integrating with Western mediation models in a blend of hybridity. The book is beautifully structured and will attract a wide readership including graduate and undergraduate students.” —Sean Byrne, Director, Arthur V. Mauro Centre for Peace & Justice, and Professor, Peace & Conflict Studies, University of Manitoba, Canada “Since late 1990s conflict resolution field has recognized the need to integrate culture in its processes. This book goes beyond such theoretical recognition and provides empirical evidence and solid concrete cases on how local actors from a wide range of cultural contexts integrated their cultural analysis and tools in their own sustainable conflict resolution processes. It also offers an effective set of guidelines and lessons learned for policy makers and peacebuilding practitioners on the need to deepen their reliance on local cultural practices of peace.” —Mohammed Abu-Nimer, Professor of International Peace and Conflict Resolution, School of International Service, American University, and Founder and Director of the Salam: Peacebuilding and Justice Institute in Washington, DC, USA “The evolving identities of communities impacted by deep historical divisions and population migration, in the context of life threatening resource shortages, present opportunities and challenges for conflict transformation professionals at every level. d'Estrée and Parsons respond to this challenge with a remarkable collection of stories from around the world that amplify the innovation in the field while capturing its history and complexity. It serves as the bridge between mediation and peacebuilding that is so necessary today.” —Prabha Sankaranarayan, CEO, Mediators Beyond Borders International “In this excellent book, Tamra Pearson d’Estrée and Ruth Parsons (and their impressive collection of case study authors) have analysed four generations of conflict resolution/transformation theory and practice. They highlight the diverse ways in which the burgeoning field of conflict resolution theorists and practitioners mirrored the ascendance and now decline of the neo-liberal western project. First and second generation efforts were based on notions of possessive individualism, rational choice theory and a general acceptance of the status quo. Culture was ignored or eliminated as were deeper questions of political and social inequality. But more importantly, there was an unwillingness to consider the power and the wisdom that resided in locality. Third and fourth generation conflict transformers, on the other hand, have engaged these deeper questions and focused more attention on emancipatory creative partnerships, social and economic justice, co-learning and hybridised models flowing from external engagement with local wisdom. This is a book that needs to be read by anyone interested in the transformative power of conflict resolution and long term social and political change.” —Kevin P Clements, Professor, Chair and Foundation Director, The National Centre for Peace and Conflict Studies, University of Otago, New Zealand While waves of scholarship have focused either on the value of presumed universal models or of traditional practices of conflict resolution, curiously missing has been the recognition and analysis of the actual intermingling and interacting of western and local cultural practices that have produced new and emergent practices in our global community. In this compilation of case studies, the authors describe partnerships forged between local practice expertise and bearers of “western/institutional” models to build innovative approaches to mediation and conflict resolution. Including stories of these experiences and the resulting hybrid models that emerged, the book explores central questions of cultural variation and integration, such as the perception of purpose and function of resolution processes, attitudes toward conflict, arenas and timeframes, third party roles, barriers to process use, as well as how to remain true to culture and context. It also examines partnership dynamics and lessons learned for modern cross-cultural collaboration.