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Islam, Law and the State in Southeast Asia Volume 1

Indonesia

A thorough and detailed survey of Islam and the law in Indonesia today is long overdue. This volume offers an expert and systematic update of the interaction of Islam and positive law (substantive regulations and institutions) in contemporary Indonesia, where Islamic law has developed within a state-approved and secularizing bureaucratic structure that valorized local traditions over the scriptures of Islam. Successive governments have sought to integrate Islam into the framework of a secular national ideology, albeit in contested form, with constant ideological debates over relevance and content. The result is an increasingly complex mixture of local traditions and norms and state secularism, with growing social and political pressure for an orthodoxy modeled more closely on Arab cultures. Based on extensive fieldwork, this volume gives a detailed account of current debates, legal institutions, and substantive laws, explicitly asking whether a uniquely Indonesian approach to Shari'ah can be identified, as many local Muslim leaders have long argued is the case.

The Internal Law of Religions

Introduction to a Comparative Discipline

"Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology. This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law. These internal legal norms are aimed at a particular form of behaviour on the part of believers. They therefore play a particular role in conflicts arising today between certain religious forms of behaviour. The comparison of the internal law of religions serves to establish and explain the commonalities and differences between various religious legal traditions. The religions examined here include: the law of Christian denominations, Jewish law, Islamic law, Hindu law, Buddhist law, and other religious legal systems. The work assesses six current approaches to the comparative law of religions, evaluating their strengths and weaknesses, leading to the development of a new approach. The book discusses the role of religious law in state law and looks to likely future developments"--

This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law.

Public and Private in Ancient Mediterranean Law and Religion

The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has different salience, and is understood differently, from place to place and time to time. The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.

The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.

Indonesia, Law and Society

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.

This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary.

Law and Religion in the Eastern Mediterranean

From Antiquity to Early Islam

How was it possible that Greeks often wrote their laws on the walls of their temples, but - in contrast to other ancient societies - never transformed these written civic laws into a religious law? Did it matter whether laws were inscribed in stone, clay, or on a scroll? And above all, how did written law shape a society in which the majority population was illiterate? This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean. Bringing together a collection of 14 essays from scholars of the Hebrew Bible, Ancient Greece, the Ancient Near East, Qumran, Elephantine, the Nabateans, and the early Arab world, it also approaches these subjects in an all-encompassing manner, looking in detail at the notion of law and religion in the Eastern Mediterranean as a whole in both the geographical as well as the historical space.

This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean.

Social Institutions and International Human Rights Law

Every Organ of Society

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Customary and Shari'ah Law in Arabian Society

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les sociétés et les systèmes juridiques de l'Arabie du Sud, moderne et ancienne, sont le thème de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une étude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache à ce qui est connu de la société et du droit anciens. La société tribale traditionnelle de la région, affirme-t'il, a conservé un grand nombre d'us et coutumes trouvant des origines directes au cours de la période pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mÃames sources, s'en éloigne de façon significative. Le fait de comprendre la situation moderne a donc un rapport immédiat avec toute interprétation de la société islamique à ses débuts. Parmi les thèmes spécifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant.

Islamic Criminal Law and Procedure

An Introduction

2. The origins of islamic law

2. The origins of islamic law

The Objectives of Islamic Law

The Promises and Challenges of the Maqasid Al-Shari'a

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law. The book is divided into two parts--one highlighting the theory's potential and the other its challenges.

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law.

The Rule of Law, Freedom of Expression and Islamic Law

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.