Islamic Law And Adat Encounter
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Islamic Law And Adat Encounter
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Author : Ratno Lukito
language : en
Publisher:
Release Date : 2001
Islamic Law And Adat Encounter written by Ratno Lukito and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Adat law categories.
Islamic Law In The Indian Ocean World
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Author : Mahmood Kooria
language : en
Publisher: Routledge
Release Date : 2021-09-23
Islamic Law In The Indian Ocean World written by Mahmood Kooria and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Social Science categories.
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.
Contemporary Islamic Law In Indonesia
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Author : Arskal Salim
language : en
Publisher: Edinburgh University Press
Release Date : 2015-02-10
Contemporary Islamic Law In Indonesia written by Arskal Salim and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Law categories.
Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Encountering Islamic Law
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Author : John Strawson
language : en
Publisher:
Release Date : 2000
Encountering Islamic Law written by John Strawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Modernization Tradition And Identity
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Author : Euis Nurlaelawati
language : en
Publisher: Amsterdam University Press
Release Date : 2010
Modernization Tradition And Identity written by Euis Nurlaelawati and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Nurlaelawati's close and contextually sensitive analysis of judicial practice in Indonesia's Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles --
Islamic Family Law In A Changing World
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Author : Abdullahi An-Na'im
language : en
Publisher: Zed Books
Release Date : 2002-08-01
Islamic Family Law In A Changing World written by Abdullahi An-Na'im and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-01 with Religion categories.
This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law. This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.
The Politics Of Islamic Law
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Author : Iza R. Hussin
language : en
Publisher: University of Chicago Press
Release Date : 2016-03-31
The Politics Of Islamic Law written by Iza R. Hussin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with Law categories.
In "The Politics of Islamic Law" political scientist Iza Hussin offers a genealogy of contemporary Islamic law, a political analysis of elite negotiations over religion, state, and society in the British colonial period, and a history of current Muslim approaches to law, state, and identity. Hussin argues that Islamic law as it is legislated and debated throughout the Muslim world today is no longer the "shari ah" as it previously existed. She shows that shari ah an uncodified and locally administered set of legal institutions and laws with wide-ranging jurisdiction was transformed (not eradicated as some have argued) during the British colonial period into a codified, state-centered system with jurisdiction largely limited to law regarding family, personal status, ethnic identity, and the private domain. As a result, the practices, beliefs, and possibilities inherent in law, changed, and so did the strategies, attitudes and aspirations of those who used this changing system. Its present institutional forms, its substantive content, its symbolic vocabulary, and its relationship to state and society in short, its politics are built upon foundations laid during the colonial encounter, in struggles between local and colonial elites. "The Politics of Islamic Law" undertakes a cross-regional comparison of India, Malaya, and Egypt which illustrates that Islamic law is a trans-global product shaped by local political networks. The rearrangement of the local elite combined with the new reach of the state made possible by colonial power gave local elites a vested interest in this twinning of the centrality of Islamic legitimacy and the marginalization of its legal content. These processes are traced through close examinations of debates over jurisdiction, the definition of Islamic law, and in turn the nature of the state. This work makes an important contribution to critical debates in comparative politics, history, legal anthropology, comparative law, and Islamic studies."
Women And Sharia Law In Northern Indonesia
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Author : Dina Afrianty
language : en
Publisher: Routledge
Release Date : 2015-05-01
Women And Sharia Law In Northern Indonesia written by Dina Afrianty and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-01 with Social Science categories.
This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women’s rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women’s freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation’s current trajectory; that the introduction of Islamic law has motivated women’s NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia’s recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.
Islamic Law In Southeast Asia
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Author : Kamaruzzaman Bustamam-Ahmad
language : en
Publisher: University of Washington Press
Release Date : 2009
Islamic Law In Southeast Asia written by Kamaruzzaman Bustamam-Ahmad and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. --
Legitimacy Legal Development And Change
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Author : David K. Linnan
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legitimacy Legal Development And Change written by David K. Linnan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.
