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Women And Property Rights In Indonesian Islamic Legal Contexts
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Book Synopsis Women and Property Rights in Indonesian Islamic Legal Contexts by : John Bowen
Download or read book Women and Property Rights in Indonesian Islamic Legal Contexts written by John Bowen and published by BRILL. This book was released on 2018-11-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Women and Sharia Law in Northern Indonesia by : Dina Afrianty
Download or read book Women and Sharia Law in Northern Indonesia written by Dina Afrianty and published by Routledge. This book was released on 2015-05-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights by : Noorhaidi Hasan
Download or read book Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights written by Noorhaidi Hasan and published by Harrassowitz. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gender and Equality in Muslim Family Law by : Lena Larsen
Download or read book Gender and Equality in Muslim Family Law written by Lena Larsen and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "
Book Synopsis Islam, Law, and Equality in Indonesia by : John Richard Bowen
Download or read book Islam, Law, and Equality in Indonesia written by John Richard Bowen and published by Cambridge University Press. This book was released on 2003-05-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.
Book Synopsis Women, Islam and International Law by : Ekaterina Yahyaoui Krivenko
Download or read book Women, Islam and International Law written by Ekaterina Yahyaoui Krivenko and published by BRILL. This book was released on 2008-11-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam and women’s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and women’s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.
Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indonesia written by Timothy Lindsey and published by . This book was released on 1999 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Islam, Law, and Equality in Indonesia by : John Richard Bowen
Download or read book Islam, Law, and Equality in Indonesia written by John Richard Bowen and published by . This book was released on 2003 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Aligning Religious Law and State Law by : Muhammad Latif Fauzi
Download or read book Aligning Religious Law and State Law written by Muhammad Latif Fauzi and published by BRILL. This book was released on 2023-07-03 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices. Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework. In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage. The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law. The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.
Book Synopsis An Islamic Court in Context by : E. Stiles
Download or read book An Islamic Court in Context written by E. Stiles and published by Springer. This book was released on 2009-10-26 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stiles utilizes in-depth ethnographic study of judicial reasoning and litigant activity in Islamic family court in Zanzibar, Tanzania to draw new and important conclusions on how people understand and use Islamic legal ideas in marital disputes.
Book Synopsis Research Handbook on Islamic Law and Society by : Nadirsyah Hosen
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Role of Lawyers in Access to Justice by : Helena Whalen-Bridge
Download or read book The Role of Lawyers in Access to Justice written by Helena Whalen-Bridge and published by Cambridge University Press. This book was released on 2022-10-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers presented as a conference in SIngapore in 2017.--ECIP acknowledgments.
Book Synopsis Property in Social Continuity by : Franz von Benda-Beckmann
Download or read book Property in Social Continuity written by Franz von Benda-Beckmann and published by BRILL. This book was released on 2012-12-11 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the property and inheritance system of the matrilineal Minangkabau of West Sumatra in the context of legal pluralism. The author proposes a new anthropological approach to law, property and inheritance. After the description of the Minangkabau socio-political organization and the development of legal and administrative pluralism, three chapters are devoted to property and inheritance proper. First the ideal legal systems are described. Then he illustrates how the Minangkabau actually handle their property and inheritance affairs, and how the various regulating mechanisms have changed through history. Finally the different agents creating and changing legal conceptions are treated in historical perspective. In his conclusions the author shows how the traditional system of common holding and distributing of property by matrilineal descent groups is slowly being undermined through an increasing monetarization and consequent individualization of property relationships which finds its expression in the form of new legislation. This development is reflected in the conceptual system where the formerly predominant diachronic dimension of property relationships is slowly abolished and where property rights are increasingly reified.
Book Synopsis Interpretations of Law and Ethics in Muslim Contexts by : Aptin Khanbaghi
Download or read book Interpretations of Law and Ethics in Muslim Contexts written by Aptin Khanbaghi and published by Edinburgh University Press. This book was released on 2019-07-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together some of the many unheard voices of scholars studying law and ethics within Muslim societies. It features over 200 abstracts with bibliographical details in three languages (English, Arabic and Turkish), giving access to information about original post-1800 scholarly publications from Muslim contexts in the fields of law and ethics from different Muslim societies. The volume highlights the diversity of interpretations of law and ethics across these societies and creates access to, and reinforces communication between, scholars and institutions where sharing of knowledge and information has often been hindered by language barriers. --jacket.
Book Synopsis Gender, State and Social Power in Contemporary Indonesia by : Kate O'Shaughnessy
Download or read book Gender, State and Social Power in Contemporary Indonesia written by Kate O'Shaughnessy and published by Routledge. This book was released on 2009-01-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines gender, state and social power in Indonesia, focusing in particular on state regulation of divorce from 1965 to 2005 and its impact on women. Indonesia experienced high divorce rates in the 1950s and 1960s, followed by a remarkable decline. Already falling divorce rates were reinforced by the 1974 Marriage Law, which for the first time regulated marriage for both Muslim and non-Muslim Indonesians and restricted access to divorce. This law defined the roles of men and women in Indonesian society, vesting household leadership with husbands and the management of the household with wives. Drawing on a wide selection of primary sources, including court records, legal codes, newspaper reports, fiction, interviews and case studies, this book provides a detailed historical account of this period of important social change, exploring fully the impact and operation of state regulation of divorce, including the New Order government’s aims in enacting this legal framework, its effects in practice and how it was utilised by citizens (both men and women) to advance their own agendas. It argues that the Marriage Law was a tool of social control enacted by the New Order government in response to the social upheaval and protests experienced in the mid 1970s. However, it also shows that state power was not hegemonic: it was both contested and co-opted by citizens, with men and women enjoying different degrees of autonomy from the state. This book explores all of these issues, providing important insights on the nature of the New Order regime, social power and gender relations, both during the years of its rule and since its collapse.
Book Synopsis Women, Power, and Property by : Rachel E. Brulé
Download or read book Women, Power, and Property written by Rachel E. Brulé and published by Cambridge University Press. This book was released on 2020-10-22 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.
