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 Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.


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.


Land, Law and Islam

Land, Law and Islam

Author: Hilary Lim

Publisher: Zed Books Ltd.

Published: 2013-07-18

Total Pages: 247

ISBN-13: 1848137206

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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.


Gender, State and Social Power in Contemporary Indonesia

Gender, State and Social Power in Contemporary Indonesia

Author: Kate O'Shaughnessy

Publisher: Routledge

Published: 2009-01-13

Total Pages: 300

ISBN-13: 1134023561

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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.


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.


Women, Business and the Law 2021

Women, Business and the Law 2021

Author: World Bank

Publisher: World Bank Publications

Published: 2021-04-05

Total Pages: 381

ISBN-13: 1464816530

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Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.


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.


The Role of Lawyers in Access to Justice

The Role of Lawyers in Access to Justice

Author: Helena Whalen-Bridge

Publisher: Cambridge University Press

Published: 2022-10-06

Total Pages: 391

ISBN-13: 100905077X

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To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.


Encyclopedia of Women and Islamic Cultures

Encyclopedia of Women and Islamic Cultures

Author: Suad Joseph

Publisher: BRILL

Published: 2003

Total Pages: 873

ISBN-13: 9004128182

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Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.


Access to Justice in Iran

Access to Justice in Iran

Author: Sahar Maranlou

Publisher: Cambridge University Press

Published: 2015

Total Pages: 277

ISBN-13: 1107072603

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A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.