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Islam, Law and the State in Southeast Asia

Southeast Asia has the world's largest Muslim population - Indonesia alone is home to more Muslims than the entire Middle East - yet nowhere in the region has a theocratic government emerged. Instead, Southeast Asian Islam is characterized by heterodox local traditions. Muslim societies today are torn between radical Islamist reformers calling for Shari'ah law and secular governments using law to contain and co-opt it. The result is a tension between state laws and institutions and Islamic alternatives. These three volumes provide an up-to-date, expert account of this complex contest across contemporary Indonesia, Singapore, Malaysia, and Brunei in a comprehensive form not attempted for decades, including coverage on a range of areas including legal doctrine, substantive laws, judicial decision-making, the administration of religion, intellectual debate, and state policy developments.

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.

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.

Religion, Law and Society

A Christian-Muslim Discussion

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.

Introduction to Middle Eastern Law

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'.

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.

Minority Rights, Feminism and International Law

Voices of Amazigh Women in Morocco

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Based on extensive and diverse ethnographic research on Amazigh women in Morocco, the book unpacks and challenges generally accepted notions of rights and equality. Significantly, and controversially, the book challenges the supposedly ‘emancipatory’ power vested in the human rights project; arguing that rights-based discourses are sites of contestation for different groups that use them to assert their agency in society. More specifically, it shows how the very conditions that make minority and indigenous women instrumental to the preservation of their culture may condemn them to a position of subalternity. In response, and engaging the notion and meaning of Islamic feminism, the book proposes that feminism should be interpreted and contextualised locally in order to be effective and inclusive, and so in order for the human rights project to fully realise its potential to empower the marginalised and make space for their voices to be heard. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law.