Modernization, Tradition And Identity : The Kompilasi Hukum Islam And Legal Practice In The Indonesian Religious Courts

Book Description:

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 court judges.