Islamic Law and Society in Southeast Asia

2016 ◽  
pp. 588-608
Author(s):  
Melissa Crouch
Keyword(s):  
Southeast Asia ◽  
Armed Conflict ◽  
Islamic Law ◽  
Comparative Law ◽  
The Philippines ◽  
The State ◽  
Law And Society ◽  
Legal Studies ◽  
Muslim Minorities

This article explores the ways Islam is recognized by the state in Southeast Asia, along with the scholarly debates that have arisen in response to these Islam-state configurations. It begins with an overview of the work of Professor M. B. Hooker, a pioneer of the field of comparative law in Southeast Asia, especially his study of Islamic law. It then considers how scholars have addressed the regulation and institutionalization of Islam in Malaysia, Indonesia, Brunei, and Singapore as well as the tensions and armed conflict between Muslim minorities and the state in Thailand and the Philippines, while largely overlooking Muslim minorities of Myanmar. Finally, it discusses the ongoing challenge of advocating for the importance of the study and contribution of Islamic law in Southeast Asia to the broader field of Islamic legal studies.

scholarly journals Shari’a

2010 ◽  
Vol 27 (2) ◽  
pp. 101-104
Author(s):  
Iza Hussin
Keyword(s):  
Islamic Law ◽  
Academic Discipline ◽  
The State ◽  
The Other ◽  
Law And Society ◽  
Legal Knowledge ◽  
Legal Studies ◽  
Its Analysis ◽  
Contemporary Islam

In his “Introduction,” Hallaq states that this work approaches the field ofIslamic law in a way that few other scholars have attempted. “To write thehistory of Shari’a is to represent the Other,” he argues; “history, both Islamicand European, is the modern’s Other, and ... in the case of Islam this historyis preceded by another Other – namely contemporary Islam” (p. 1). This approach, which treats the Shari`ah as an aggregate of its history – its theory,institutional and societal applications, and implications in projects of power– also draws the discipline of Islamic legal studies into its analysis. ForHallaq, the “extraordinary innocence” of modern scholarship concerningIslamic law and society “proceeds ... unaware of (its) culpable dependency... on the ideology of the state” (p. 5). His approach brings together two intellectualaims: (a) to illumine the conditions of production and power relationswithin which Islamic legal knowledge, as an academic discipline, was builtand (b) to further elaborate upon the Shari`ah’s development as a system ofthought, practice, and institutions throughout its history. My review willfocus upon how these two major strands interweave and the new contributionsthe author makes to the study of Islamic law and society ...

Minority Participation in an Islamic Negara

2015 ◽  
Vol 1 ◽  
Author(s):  
Li Li Pang
Keyword(s):  
Southeast Asia ◽  
Cultural Context ◽  
Islamic Law ◽  
Criminal Code ◽  
The Political ◽  
International Media ◽  
Ethnic Chinese ◽  
Minority Participation ◽  
Brunei Darussalam ◽  
Muslim Minorities

On the 1st of May 2014, Negara Brunei Darussalam declared the implementation of an Islamic criminal code of law, thus becoming the first country in modern Southeast Asia to declare so. Inevitably, Brunei was scrutinised by the international media, particularly over its relations with its non-Muslim minorities. This paper investigates the causes of the international media’s anxieties by analysing the socio-political circumstances of the non-Muslim minorities in Brunei, with particular focus on its ethnic Chinese citizens, and with reference to the Islamic Law of Minorities, or ahle dhimmah. Perspectives of the Islamic Law of Minorities toward Brunei’s Chinese citizens are also examined within the political-cultural context of Negara. Thus, exploring simultaneously these concepts, Islam and Negara, this paper asserts that the Islamic Law of Minorities has long been upheld in the Brunei Negara, serving to foster the coexistence of peoples of various ethnic and religious affiliations within the Abode of Peace.

scholarly journals Present at the Resurrection: Islamic Finance and Islamic Law

2018 ◽  
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Law ◽  
Law School ◽  
Islamic Finance ◽  
Short Paper ◽  
Washington Dc ◽  
American University ◽  
Legal Studies ◽  
International Academy

26 American University International Law Review 1107 (2011)This short paper summarizes an extremely stimulating plenary session, held at the XVIIIth Congress of the International Academy of Comparative Law in Washington DC, dealing specifically with the topic of Islamic finance. The speakers were three renowned leaders in the field. Specifically, they were Kilian Balz, a partner at Amereller who has both practiced extensively in the field, and written about it while at the Harvard Islamic Legal Studies Program at Harvard Law School, Frank Vogel, coauthor of a leading book on Islamic finance and former director of the Islamic Legal Studies Program, and Mahmoud El Gamal, a prolific writer and fierce critic of the practice who also served as the appointed Islamic finance scholar in residence at the Department of the Treasury in 2004.

Law and Society Review Special Issue Introduction: Islamic Law, Society, and the State

2018 ◽  
Vol 52 (3) ◽  
pp. 560-573 ◽  
Author(s):  
Tamir Moustafa ◽  
Jeffrey Adam Sachs
Keyword(s):  
Islamic Law ◽  
The State ◽  
Law And Society ◽  
Special Issue ◽  
Society Review

State and Personhood in Southeast Asia: The Promise and Potential for Law and Society Research

2015 ◽  
Vol 2 (2) ◽  
pp. 211-228 ◽  
Author(s):  
Lynette J. CHUA ◽  
David M. ENGEL
Keyword(s):  
Southeast Asia ◽  
State Building ◽  
Southeast Asian ◽  
The State ◽  
Law And Society ◽  
Not Given ◽  
Asian Studies ◽  
Southeast Asian Studies ◽  
The Law ◽  
Society Research

AbstractThe diversity and pluralism of Southeast Asia make it an ideal subject for law and society researchers, but by and large they have not given the region the attention it deserves. In this article, we argue for a more intense and systematic linking of research about Southeast Asia and the field of law and society. We focus on the theme ofstate and personhoodto suggest how some of the central concerns of law and society may be relevant to Southeast Asian peoples and cultures. We illustrate our argument by selecting nine excellent articles by Southeast Asian scholars who do not currently identify their work with the law and society field, and we demonstrate that their research is rich with implications for the field. We welcome in particular the ways in which they have portrayed personhood as an ongoing construction and have highlighted its contingent relationship with the state. Building on these themes, we conclude the article with a plea for a more far-reaching engagement between Southeast Asian studies and law and society research.

scholarly journals PERKEMBANGAN KONSEP PENDIDIKAN BAHASA ARAB DI ASIA TENGGARA

2020 ◽  
Vol 3 (02) ◽  
pp. 177-191
Author(s):  
Ihsan Sa'dudin ◽  
Eka Safitri
Keyword(s):  
Southeast Asia ◽  
Language Education ◽  
Arabic Language ◽  
The Philippines ◽  
The State ◽  
Muslim Population ◽  
Asian Region ◽  
Brunei Darussalam ◽  
The World ◽  
Holy Book

Arabic education is a necessity for people who are Muslim. Islam is spreadthroughout the world including the Southeast Asian region. Southeast Asia, whichincludes the Philippines, Brunei Darussalam, Malaysia, Indonesia, Singaporeand others who have a majority Muslim population. Islam entered the regionpeacefully, making it easier for development and its spread. The development andspread of Islam along with learning Arabic, because Arabic is the language of theMuslim holy book. However, the provision of education and learning in Arabicvaries from country to country even though it is still in one region of SoutheastAsia. The concepts of Arabic language education applied are strongly influencedby the state of government in these countries.

Codification and Islamic Law: The Ideology Behind a Tragic Narrative

2016 ◽  
Vol 8 (2-3) ◽  
pp. 275-309 ◽  
Author(s):  
Anver M. Emon
Keyword(s):  
United States ◽  
Islamic Law ◽  
The United States ◽  
The State ◽  
Administrative State ◽  
Legal Studies ◽  
History Of ◽  
Muslim Majority ◽  
Democratic Ideology ◽  
The Relationship

This article repositions historigraphically a particular thesis in Islamic legal studies that characterizes Islamic law as utterly incompatible with codification, and by implication the modern administrative state. This article departs from that argument by situating codification efforts in Muslim majority polities alongside other efforts at codification, specifically 19th century Germany and the United States. The article shows that the thesis of incompatibility relies on a constricted reading of the “Islamic”, an overdetermined conception of the state, and an under-appreciation of the populist-cum-democratic ideology that animates the thesis in the first place. A more fruitful way forward is to reify the “state” rather than rarefy it as a theophanic specter. To better appreciate the relationship between Islamic law and codification, the argument suggests, requires that scholars attend to the “state” while resituating the history of the “Islamic” in terms of a history of the “legal”.

Religious Minorities and the Anxieties of an Islamic Identity

2018 ◽  
pp. 164-194
Author(s):  
Muhammad Qasim Zaman
Keyword(s):  
Islamic Law ◽  
The State ◽  
Islamic State ◽  
Minority Communities ◽  
Religious Minorities ◽  
Beliefs And Practices ◽  
Sectarian Violence ◽  
Muslim Minority ◽  
Islamic Identity ◽  
Muslim Minorities

This chapter focuses on two Muslim minorities, the Ahmadis and the Shi`a, and some of the contestations around their position in the state. How these communities have fared in Pakistan is part of the story here, with the Ahmadis being declared a non-Muslim minority in 1974 and significant Shi`i-Sunni sectarian violence in the country since the 1980s. The principal concern of the chapter is, however, to explore the anxieties that the existence and activities of these minority communities have generated among the `ulama and the Islamists. In case of the Ahmadis, the anxieties in question have had to do not merely with the peculiarities of Ahmadi beliefs about the Prophet Muhammad, but with Islamic modernism itself. The anxieties generated by the Shi`a have a different locus, and also go beyond Sunni discomfort with particular Shi`i beliefs and practices. Much more than the Ahmadis, the Shi`a have raised difficult questions about what, if any, kind of Islamic law can be given public force in Pakistan, laying bare in the process nagging uncertainties about whether Pakistan can ever fully claim to be an Islamic state.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

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