The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.
Indonesian Islam is an important and timely book based on approximately 2,000 fatwâ (pl. fatâwâ)--an opinion on a point of law or dogma given by a person with recognized authority (ijâza)--demonstrating that classical Islamic reasoning is an alternative to state-defined Islam and is capable of dealing with contemporary challenges in ethics and morality in a consistent and rational way. The book provides a comprehensive survey of how modern Indonesian Islamic thinking has responded to changes in social practices since the 1920s, and how authorities have ruled on diverse subjects ranging from football pools to land sales and milk banks. The author examines in detail the development and nuances of Islamic thinking, both by reference to local tradition and comparatively, by reference to the classical Arabian texts, therefore providing an important contribution to deepening popular understanding of Islam in Indonesia. The author's detailed analysis of fatwâ is unprecedented in the study of Indonesian Islam. To date there is no comparable analysis of modern fatwâ available in book form anywhere in the world, making this volume an invaluable resource for anyone who studies Indonesia. Professor Hooker describes the fatwâ as method and doctrine, religious duty, the status and obligation of women, Islam and medical science, offences against religion, and issues specific to Indonesian Islam. Responses to fatwâ cover such contemporary issues as abortion, organ transplants, insurance, and the status of women. For sale in Asia, Australia, and New Zealand by NUS Press (Singapore)
Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.
This book offers a comparative and cross-cultural history of Islamic reform and European colonialism as both dependent and independent factors in shaping the multiple ways of becoming modern in Indonesia and Malaya during the first half of the twentieth century.
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Addressing changes in both the national legal system of Indonesia and the regional legal structure in the province of Aceh, this study focuses on the encounter between diverse patterns of legal reasoning and the vast array of issues arising in the wake of
This book explains how the leaders of the world's largest Islamic organizations understand tolerance, explicating how politics works in a Muslim-majority democracy.
In 1910, al-Mahdi al-Wazzani, a prominent Moroccan Islamic scholar completed his massive compilation of Maliki fatwas. An eleven-volume set, it is the most extensive collection of fatwas written and published in the Arab Middle East during the late nineteenth and early twentieth centuries. Al-Wazzani's legal opinions addressed practical concerns and questions: What are the ethical and legal duties of Muslims residing under European rule? Is emigration from non-Muslim territory an absolute duty? Is it ethical for Muslim merchants to travel to Europe? Is it legal to consume European-manufactured goods? It was his expectation that these fatwas would help the Muslim community navigate the modern world. In considering al-Wazzani's work, this book explores the creative process of transforming Islamic law to guarantee the survival of a Muslim community in a changing world. It is the first study to treat Islamic revival and reform from discourses informed by the sociolegal concerns that shaped the daily lives of ordinary people. Etty Terem challenges conventional scholarship that presents Islamic tradition as inimical to modernity and, in so doing, provides a new framework for conceptualizing modern Islamic reform. Her innovative and insightful reorientation constructs the origins of modern Islam as firmly rooted in the messy complexity of everyday life.
Islamic Thought is a fresh and contemporary introduction to the philosophies and doctrines of Islam. Abdullah Saeed, a distinguished Muslim scholar, traces the development of religious knowledge in Islam, from the pre-modern to the modern period. The book focuses on Muslim thought, as well as the development, production and transmission of religious knowledge, and the trends, schools and movements that have contributed to the production of this knowledge. Key topics in Islamic culture are explored, including the development of the Islamic intellectual tradition, the two foundation texts, the Qur’an and Hadith, legal thought, theological thought, mystical thought, Islamic Art, philosophical thought, political thought, and renewal, reform and rethinking today. Through this rich and varied discussion, Saeed presents a fascinating depiction of how Islam was lived in the past and how its adherents practise it in the present. Islamic Thought is essential reading for students beginning the study of Islam but will also interest anyone seeking to learn more about one of the world’s great religions.