Women and Property Rights in Indonesian Islamic Legal Contexts PDF Download

Author: John Bowen
Publisher: BRILL
ISBN: 9004386297
Category : Law
Languages : en
Pages : 174

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Book Description
In this volume, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare at critical moments of marriage, divorce, and death.

Author: Dina Afrianty
Publisher: Routledge
ISBN: 1317592506
Category : Social Science
Languages : en
Pages : 202

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Book Description
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.

Author: Noorhaidi Hasan
Publisher: Harrassowitz
ISBN: 9783447105125
Category : Civil rights (Islamic law)
Languages : en
Pages : 0

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Book Description
Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights addresses current issues and discourses on gender equality and civil rights in Indonesia and Germany. Contributions to this volume delve into the legal status of Muslim women by reference to the rights to freedom from discrimination and of Muslim minority groups facing the issue of criminalization of apostasy. Despite its focus on issues related to Indonesia and Indonesian Islam, this volume also covers parallel developments and discourses in and on other countries and societies such as Iranian, Lebanese, Malaysian and German. Employing manifold perspectives and approaches, including theology, social sciences, discourse studies, and science of law, it sets out to contribute to our understanding of Islamic gender discourse and relevant legal issues among Muslims across the world. The authors include leading scholars of Germany and Indonesia, reporting researches on different but interrelated topics. Contributors are Irene Schneider, Fritz Schulze, Imen Gallala-Arndt, Friederike Wapler, Claudia Derichs, Gunnar Duttge, Noorhaidi Hasan, Hamim Ilyas, Syafiq Hasyim, Saifuddin, Siti Ruhaini Dzuhayatin, Muhrisun Afandi.

Author: Lena Larsen
Publisher: Bloomsbury Publishing
ISBN: 0857721690
Category : Social Science
Languages : en
Pages : 288

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Book Description
Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "

Author: John Richard Bowen
Publisher: Cambridge University Press
ISBN: 9780521531894
Category : Political Science
Languages : en
Pages : 314

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Book Description
This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Category : Law
Languages : en
Pages : 270

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Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Author: Timothy Lindsey
Publisher: Federation Press
ISBN: 9781862876606
Category : Law
Languages : en
Pages : 756

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Book Description
Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.

Author: Timothy Lindsey
Publisher:
ISBN:
Category : Indonesia
Languages : en
Pages : 454

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Book Description
Indonesia: Law and Society is a comprehensive survey of the choices facing the world's fourth-largest country at the end of the twentieth century. It focuses on current issues including human rights, political reform, labour law, women's rights, sexuality, traditional customary land rights, judicial corruption and the status of East Timor, as well as the re-emergence of Islam: issues that have been debated since independence in 1945.Recognising that Indonesia's future is now tied to the global economy, this book also examines changing commercial culture and contract models, dispute resolution, intellectual property protection, press freedom, banking, the legal profession and the role of the economic crisis in social change.This is a book designed to give both a detailed insight into the legal and social controversies of contemporary Indonesia and to provide a general introduction to its complex legal system. Current issues are considered on the context of colonial and pre-colonial influences as well as the very different regimes of Presidents Soekarno, Soeharto and Habibie. Always the emphasis is on reformasi and prospects for the future.

Author: John Richard Bowen
Publisher:
ISBN: 9780511070839
Category : Adat law
Languages : en
Pages : 289

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Book Description
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 law. John Bowen explores this struggle through archival and ethnographic research and interviews with national figures.

Author: Nadirsyah Hosen
Publisher: Edward Elgar Publishing
ISBN: 1781003068
Category : Law
Languages : en
Pages : 488

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Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.