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Dinamika politik hukum

pasca perubahan konstitusi dan implementasi otonomi daerah

On legal policy after the amendment of Indonesian 1945 Constitution in reform era.

On legal policy after the amendment of Indonesian 1945 Constitution in reform era.

Penemuan hukum adat

Untuk selanjutnya haruslah disinggung beberapa kali gubernur - gubernur
pantai timur laut Jawa dan kepalakepala pemerintahan setempat * ) di daerah
Pantai Timur Jawa . Mungkin ada faedahnya untuk mengingatkan bahwa
hubungan itu ...

Social Movements And Culture

First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

the four cultural dimensions that we lay out in this essay overlap considerably,
because they are not so much separate and independent elements of social
movement culture as they are alternative ways toapproach theanalysis of culture
that ...

Islamic Law in Canada

Marriage and Divorce

"Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community." --

This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework.