Author: Euis Nurlaelawati
Publisher: Amsterdam University Press
Keywords: practice, indonesian, religious, courts, legal, islam, tradition, identity, kompilasi, hukum, modernization
Number of Pages: 297
Published: 2010-07-15
ISBN-10: 9089640886
ISBN-13: 9789089640888

Drawing on Max Weber's approach to legal rationalization--which stimulated a transfer from the patrimonial tradition of law to a more systematic and rational legal code--"Modernization, Tradition and Identity" investigates how and why Islamic justice in Indonesia has evolved over the years. Euis Nurlaelawati delves into classic Islamic legal texts--known as the "fiqh"--and shows their significance in Indonesian state and Islamic family law, how they are interpreted by judges to justify deviations from state legislation, and the role they play in debates between Muslim scholars and religious co