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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.
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Modernization, Tradition and Identity Kompilasi The Kompilas Hukum Hukum Islam Publications Series Monographs 4 Euis Nurlaelawati is a lecturer in the Islamic law at Syarif Hidayatullah State Islamic University, Jakarta. Euis Nurlaelawati Modernization, Tradition and Identity: The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts looks at the extent to which the judges of the Indonesian religious court have referred to the Kompilasi Hukum Islam as a close or legislated code in resolving the cases. The book stresses the role of judges at the religious courts and shows how a different perspective can produce different pictures and how the main actors in what other legal scholars portray as the success story of Indonesia’s legal system, if depicted from a different angle, suddenly become weak and powerless figures, lacking strong weapons. Using Weber’s approach on legal rationalization, the book investigates important dynamics in the history of Islamic justice and portrays the shift of legal awareness among Muslims in the country. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles )3". Prof. Jan Michiel Otto, Director of Van Vollenhoven Institute for Law, Governance and Development, Faculty of Law, Leiden University, the Netherlands 9 789089 640888 www.aup.nl The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts Euis Nurlaelawati Nurlaelawati’s close and contextually sensitive analysis of judicial practice in Indonesia’s Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Nurlaelawati’s work is embedded in a wealth of both legal and sociological data. Moreover, it is well-written, and in the field it is unique in being comprehensive as well as original, in several ways. Modernization, Tradition and Identity ISBN 978 90 8964 088 8 Nurlaelawati.book Page 1 Thursday, January 7, 2010 1:37 PM Modernization, Tradition and Identity Nurlaelawati.book Page 2 Thursday, January 7, 2010 1:37 PM Publications Series General Editor Paul van der Velde Publications Officer Martina van den Haak Editorial Board Wim Boot (Leiden University); Jennifer Holdaway (Social Science Research Council); Christopher A. Reed (Ohio State Faculty); Anand A. Yang (Director of the Henry M. Jackson School of International Studies and Chair of International Studies at the University of Washington); Guobin Yang (Barnard College, Columbia University). The ICAS Publications Series consists of Monographs and Edited Volumes. The Series takes a multidisciplinary approach to issues of interregional and multilateral importance for Asia in a global context. The Series aims to stimulate dialogue amongst scholars and civil society groups at the local, regional and international levels. The International Convention of Asia Scholars (ICAS) was founded in 1997. Its main goals are to transcend the boundaries between disciplines, between nations studied, and between the geographic origins of the Asia scholars involved. ICAS has grown into the largest biennial Asia stud