This book explores the relationships between matrilineal, Islamic and state law, and investigates the dynamics of legal pluralism, governance and property relationships.

With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

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 stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

The crisis of multiculturalism in the West and the failure of the Arab uprisings in the Middle East have pushed the question of how to live peacefully within a diverse society to the forefront of global discussion. Against this backdrop, Indonesia has taken on a particular importance: with a population of 265 million people (87.7 percent of whom are Muslim), Indonesia is both the largest Muslim-majority country in the world and the third-largest democracy. In light of its return to electoral democracy from the authoritarianism of the former New Order regime, some analysts have argued that Indonesia offers clear proof of the compatibility of Islam and democracy. Skeptics argue, however, that the growing religious intolerance that has marred the country’s political transition discredits any claim of the country to democratic exemplarity. Based on a twenty-month project carried out in several regions of Indonesia, Indonesian Pluralities: Islam, Citizenship, and Democracy shows that, in assessing the quality and dynamics of democracy and citizenship in Indonesia today, we must examine not only elections and official politics, but also the less formal, yet more pervasive, processes of social recognition at work in this deeply plural society. The contributors demonstrate that, in fact, citizen ethics are not static discourses but living traditions that co-evolve in relation to broader patterns of politics, gender, religious resurgence, and ethnicity in society. Indonesian Pluralities offers important insights on the state of Indonesian politics and society more than twenty years after its return to democracy. It will appeal to political scholars, public analysts, and those interested in Islam, Southeast Asia, citizenship, and peace and conflict studies around the world. Contributors: Robert W. Hefner, Erica M. Larson, Kelli Swazey, Mohammad Iqbal Ahnaf, Marthen Tahun, Alimatul Qibtiyah, and Zainal Abidin Bagir

"The Dutch colonial power in Indonesia in the nineteenth century needed to clarify its understanding of the legal values and conventions of the peoples whom it claimed to rule. Dutch colonial lawyers tended to rationalize this legal culture, lumping together all kinds of indigenous legal customs from different areas as manifestations of adatrecht, or, customary law. The status of this legal system vis-a-vis Dutch colonial law was a source of continual depute and disagreement. The champions of adatrecht known as the Leiden School, with C. van Vollenhoven in the forefront, scored a victory around 1927 when adatrecht gained official recognition, though on the other hand it became the subject of mounting criticism. After World War II, the independent state of Indonesia paid lip service to adatrecht principles, but in practice treated it as irrelevant, or even an embarrassment."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--