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.
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 2007 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.
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.
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.
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)
This book explains how the leaders of the world's largest Islamic organizations understand tolerance, explicating how politics works in a Muslim-majority democracy.
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
The Jurist Ebu's-su`ud (c1490-1574) occupies a key position in the history of Islamic Law. He was a scholar who, for forty years, occupied successfully the senior judicial positions in the Ottoman Empire. Confronting the problem of reconciling classical Islamic jurisprudence with the day-to-day legal needs of an empire, he earned an enduring reputation as the jurist who harmonised the Holy Law of Islam with secular practice. The book examines the substance of this reputation by showing, through Ebu's-su`ud's writings, how he adapted classical Islamic legal doctrine to contemporary needs.
Discusses the creation a national school of Islamic law in Indonesia. Presents a complex range of references for syariah including the formal structures of a 'new fiqh', philosophies of law, transmissions of syariah through tertiary curricula and the Friday sermon in mosques, a bureaucratic form for conducting the Hajj, and contemporary debates on syariah values as expressions of public morality.