Islamic Law and Society in Indonesia
Islamic Law and Society in Indonesia

Author: Alfitri

Publisher: Routledge

Published: 2022-04-07

Total Pages: 305

ISBN-13: 1000570401

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No corporation is enthusiastic about paying tax, yet Islamic banks in Indonesia voluntarily pay corporate zakat. Why? The book analyzes corporate zakat norms and practices in Indonesia by investigating how Muslim jurists have interpreted sharīʿa of zakat and how these have been imposed through the legislative and regulatory framework. It also presents original case studies based on sociolegal field research on the reception of the new obligations in the Islamic banks that choose to pay – and choose not to pay – what is effectively a new tax. The book argues that the dynamics of sharīʿa interpretation, imposition, and compliance in Indonesia are too complex to be defined using the binaries of the religious versus the secular, public versus private, or tradition versus modernity. The corporate zakat context has revitalized the existing governance strategy in Islamic legal tradition and created a shared Islamic law vision between Islam and the state. Consequently, this fusion generates a mixed legal and religious consciousness toward corporate zakat. Addressing broader discussions on Islamic law and modernity, the book will be of interest to academics working on Asian and Comparative Law, sociolegal studies, anthropology of Indonesia, business studies of the Islamic world, Islamic/sharīʿa economics, Islamic law and politics, Islamic legal studies, Muslim society and Islam in Southeast Asia.

Indonesia, Law and Society
Indonesia, Law and Society

Author: Timothy Lindsey

Publisher: Federation Press

Published: 2008

Total Pages: 756

ISBN-13: 9781862876606

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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.

Islam, Law, and Equality in Indonesia
Islam, Law, and Equality in Indonesia

Author: John Richard Bowen

Publisher: Cambridge University Press

Published: 2003-05-29

Total Pages: 314

ISBN-13: 9780521531894

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

Muslim Legal Thought in Modern Indonesia
Muslim Legal Thought in Modern Indonesia

Author: R. Michael Feener

Publisher: Cambridge University Press

Published: 2007-08-30

Total Pages: 40

ISBN-13: 1139466917

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Indonesia has been home to some of the most vibrant and complex developments in modern Islamic thought anywhere in the world. Nevertheless little is known or understood about these developments outside South East Asia. By considering the work of the leading Indonesian thinkers of the twentieth century, Michael Feener, an intellectual authority in the area, offers a cogent critique of this diverse and extensive literature and sheds light on the contemporary debates and the dynamics of Islamic reform. The book highlights the openness to, and creative manipulation of, diverse strands of international thought that have come to define Islamic intellectualism in modern Indonesia. This is an accessible and interpretive overview of the religious and social thought of the world's largest Muslim majority nation. As such it will be read by scholars of Islamic law and society, South East Asian studies and comparative law and jurisprudence.

Women and Property Rights in Indonesian Islamic Legal Contexts
Women and Property Rights in Indonesian Islamic Legal Contexts

Author: John Bowen

Publisher: BRILL

Published: 2018-11-01

Total Pages: 174

ISBN-13: 9004386297

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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.

Contemporary Islamic Law in Indonesia
Contemporary Islamic Law in Indonesia

Author: Arskal Salim

Publisher: Edinburgh University Press

Published: 2015-02-10

Total Pages: 232

ISBN-13: 0748693483

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Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

Women and Sharia Law in Northern Indonesia
Women and Sharia Law in Northern Indonesia

Author: Dina Afrianty

Publisher: Routledge

Published: 2015-05-01

Total Pages: 202

ISBN-13: 1317592506

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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.

Shari'a and Politics in Modern Indonesia
Shari'a and Politics in Modern Indonesia

Author: Arskal Salim

Publisher: Institute of Southeast Asian Studies

Published: 2003

Total Pages: 380

ISBN-13: 9812301879

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After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.

Research Handbook on Islamic Law and Society
Research Handbook on Islamic Law and Society

Author: Nadirsyah Hosen

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 487

ISBN-13: 1781003068

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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.

Islamic Law And Society
Islamic Law And Society

Author: Dr. Muhammad Roy Purwanto, MA

Publisher: Uwais Inspirasi Indonesia

Published: 2023-10-17

Total Pages: 280

ISBN-13: 6231332004

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Traditional theory of Islamic Law recognizes four sources of Sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Four Sunni Madhhab (legal school of Sunni Islam), Hanafi, Maliki, Shafiʽi, Hanbali and Zahiri, developed Sunni methodologies for deriving Sharia rulings from scriptural sources using a process known as ijtihad. Traditional jurisprudence (fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics. Its rulings are concerned with ethical standards as much as with legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited. Fiqh was elaborated over the centuries by legal opinions (fatwas) issued by qualified jurists (muftis) and historically applied in Sharia courts by ruler-appointed judges, complemented by various economic, criminal and administrative laws issued by Muslim rulers. The result of legal thought is the production of legal documents based on the requirements of the community. In Indonesia, Islamic law grows and evolves in the form of four products of legal thought: fiqh, ulama fatwas, court rulings (jurisprudence), and laws. In Indonesia, the four products of legal thinking serve as rules for Muslims in national, state, and social life.