Islam, Law, and Equality in Indonesia
Kaup valmöguleikar
In Indonesia, the world's largest Muslim-majority country, Muslims struggle to reconcile radically different sets of social norms and laws, including those derived from Islam, local social norms, and contemporary ideas about gender equality and rule of law. In this study, John Bowen explores this struggle, through archival and ethnographic research in villages and courtrooms of the Aceh Province, Sumatra, and through interviews with national religious and legal figures.
He analyses the social frameworks for disputes about land, inheritance, marriage, divorce, Islamic History and, more broadly, about the relationships between the state and Islam, and between Muslims and non-Muslims. The book speaks to debates carried out in all societies about how people can live together with their deep differences in values and ways of life. It will be welcomed by scholars and students across the social sciences, particularly those interested in anthropology, cultural sociology and political theory.
Nánar um bókina
- Cambridge University Press
- 9780511056048
- 9780521824828
- Page Fidelity (PDF)
- 1
- John R. Bowen
- English
- 2003-05-29
- 10
- 5
- 5
Kaflar
- Half-title
- Title
- Copyright
- Dedication
- Contents
- Illustrations
- Figures
- Map
- Tables
- Acknowledgments
- Glossary
- Part 1 Village repertoires
- 1 Law, religion, and pluralism
- Repertoires of reasoning
- Justification and social norms
- Islamic sociolegal reasoning
- The possibility of Islamic public reasoning
- Indonesian pluralism
- Adat and community
- Shari'a and jurisprudence
- The boundaries of state law
- Re-understanding Islam
- Studying multilevel phenomena
- 2 Adat’s local inequalities
- Disentangling norms in practice
- “Legal pluralism” recognized
- A necessary subterfuge
- Engendered inequalities in Isak
- The elder brother’s power
- Use-rights versus the army
- 3 Remapping adat
- Person, place, and property
- The creation of “adat law”
- Islam only when “received”
- Adat, revolution, autonomy
- A national adat?
- Judges and justice
- Adat as “not-the-state”
- Part 2 Reasoning legally through scripture
- 4 The contours of the courts
- Islam as displacement
- A tale of two courts
- The settings
- The social movement of judges
- Jurisdiction and procedure
- Women against men in the courts
- 5 The judicial history of “consensus”
- Delicate judicial politics, 1945–1960s
- Caught between norms
- The struggle for recognition
- Fluid boundaries
- Affirming consensus in the 1960s
- Avoiding conflict over norms
- Inventing adat
- Inspecting consensus: the assumptions behind the decisions
- Double-voiced claims
- Aman Nurjati’s lands once more
- Hierarchy and economy since the 1970s
- Money and movement
- An Islamic critique of marriage
- Suspecting consensus: the Islamic court in the 1990s
- 6 The poisoned gift
- Gifts contra fairness
- Suspected coercion
- The apple of discord
- Limiting the gift: a step backwards?
- Narrative structure and the Supreme Court’s justification
- Fairness and agreement as social norms
- Inheritance and Islam in Minangkabau society
- 7 Historicizing scripture, justifying equality
- Fairness across gender and generations
- The fiqh of ‘Umar
- Epistemology and narrative style
- Fairness as God’s asymptote
- Must women receive half?
- The hypocrisy of the ulama
- The textual limit to reinterpretation
- Contextualizing in practice
- Part 3 Governing Muslims through family
- 8 Whose word is law?
- Islam and/in the state?
- The Jakarta Charter
- Courts out of balance
- Controlling marriage
- Is marriage religious or secular?
- What makes a marriage valid?
- Two views of legal uniformity
- Positivizing shari'a
- Top-down “consensus”
- Contesting ijma’?
- The plight of orphaned grandchildren
- May daughters inherit all?
- 9 Gender equality in the family?
- Towards equal agency in divorce
- Equivalent categories
- Divorce initiated by women
- Divorce by ransom
- Moral discourses of divorce
- Creating “marital property”
- When does wealth begin?
- Turning practice into Islamic law
- Difficulties of proof
- Equality and polygamy?
- 10 Justifying religious boundaries
- Separating by fatwa
- Shari’a in Aceh
- Pigs and enzymes
- Conversion and Christmas
- Freedom of religion: choice or boundary-maintenance?
- Policing intermarriage
- Tightening the rules
- State–marriage–religion
- Marriage according to what religion?
- 11 Public reasoning across cultural pluralism
- Irreducible pluralism
- Elements of Indonesian public reasoning
- Political theory and cultural pluralism
- Liberal political theory
- Creating a modus vivendi
- Taking account of internal debates
- References
- Index