By Euis Nurlaelawati
Drawing on Max Weber’s method of criminal rationalization—which motivated a move from the patrimonial culture of legislations to a extra systematic and rational felony code—Modernization, culture and identification investigates how and why Islamic justice in Indonesia has developed through the years. Euis Nurlaelawati delves into vintage Islamic felony texts—known because the fiqh—and indicates their value in Indonesian nation and Islamic kinfolk legislation, how they're interpreted by means of judges to justify deviations from country laws, and the position they play in debates among Muslim students and non secular court docket judges.
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Extra info for Modernization, Tradition and Identity: The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts
Example text
Hooker’s view on this issue is of relevance to what he has said about the integration between religion and politics, in which he contended that religion was closely related to politics. ”61 Noting this, Hooker suggests that the exclusion of inheritance from the jurisdiction of religious courts, regulated in Staatsblad 1937 No. 116, includes a political substance which implies that the legislation of that law can be understood only from the perspective of power relations. In order to exercise further control over the workings of the religious court, the Dutch government issued Staatsblad 1937 No.
33 At the same time, the Dutch made a further concession to the religious courts by promoting a sort of the compilation of Islamic law. As a follow-up to the Statuta Batavia 1642, they endorsed the efforts of the Dutch legal scholars to compile books on Islamic law which were to serve as a guideline for the q or penghulu in making judgments on Muslim familial issues. A prototypical compilation of Islamic law was then assembled by a number of the Dutch officials. The Compendium van Clookwijck, which was produced by the efforts of Clookwijck, the Governor of Sulawesi during 1752-1755, was the popular compendium, along with Compendium Freijer.
The reason adduced for undertaking the work of the kompilasi and then the position of judicial practice in Indonesian religious courts before the kompilasi was issued are also highlighted to determine the continuity and change in the application of Islamic family law. Chapter One discusses the formation and development of the religious courts in Indonesia. Attention is devoted to their institutional development and judicial progress, marked by the issuing of acts regulating legal procedure and references for deciding cases put to it.