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• Introduction
• 1. Women's Movements in Muslim Societies
• 2. Women and the Implementation of Islamic Law in Aceh
• 3. Gender and Women's Movements in Aceh
• 4. Conversation on Equality and Rights
• 5. MISPI, Agency, Identity, and the Reform of Islamic law in Aceh Conclusion.
• (source: Nielsen Book Data)

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women's rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women's freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation's current trajectory; that the introduction of Islamic law has motivated women's NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia's recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.
(source: Nielsen Book Data)

• List of Tables and Figures--Preface
• Acknowledgments
• 1 INTRODUCTION
• PART I: CONTEXT 2 AUTHORITY AND LEGITIMACY IN QUESTIONS: AN ILLUSTRATIVE EXAMPLE
• PART II: LAW IN THE BOOK 3 INTERPRETING CORPORATE ZAKAT: MUI AND ISLAMIC AUTHORITY
• 4 IMPOSING CORPORATE ZAKAT: THE POLITICS OF STATE POLICY ON SHARI'A IMPLEMENTATION
• PART III: LAW IN ACTION 5 COMPLIANCE WITH CORPORATE ZAKAT: SHARI'A, LEGAL FICTION, AND POPULAR SUPPORTS
• 6 COMPLIANCE WITH CORPORATE ZAKAT: RESPONSES TO BUREAUCRATIZATION OF ZAKAT
• 7 COMPLIANCE WITH CORPORATE ZAKAT: ISLAMIC ETHICS AND CORPORATE SOCIAL RESPONSIBILITY PRACTICES
• 8 CONCLUSION
• Glossary
• Acronyms
• ANNEX I: Decisions of Ijtima Ulama and their Status
• ANNEX II: Corporate Zakat Payment in Dompet Dhuafa 2000 - 2010
• ANNEX III: Corporate Zakat Payment in Baznas 2000-2010
• Index.
• (source: Nielsen Book Data)

No corporation is enthusiastic about paying tax, yet Islamic banks in Indonesia voluntarily pay corporate zakat. Why? The book analyzes corporate zakat norms and practices in Indonesia by investigating how Muslim jurists have interpreted shari'a of zakat and how these have been imposed through the legislative and regulatory framework. It also presents original case studies based on sociolegal field research on the reception of the new obligations in the Islamic banks that choose to pay - and choose not to pay - what is effectively a new tax. The book argues that the dynamics of shari'a interpretation, imposition, and compliance in Indonesia are too complex to be defined using the binaries of the religious versus the secular, public versus private, or tradition versus modernity. The corporate zakat context has revitalized the existing governance strategy in Islamic legal tradition and created a shared Islamic law vision between Islam and the state. Consequently, this fusion generates a mixed legal and religious consciousness toward corporate zakat. Addressing broader discussions on Islamic law and modernity, the book will be of interest to academics working on Asian and Comparative Law, sociolegal studies, anthropology of Indonesia, business studies of the Islamic world, Islamic/shari'a economics, Islamic law and politics, Islamic legal studies, Muslim society and Islam in Southeast Asia.
(source: Nielsen Book Data)

• Chapter 1 - Introduction Introduction Framework of analysis - Land Tenure System Analysis Model Research questions Methodology Ethical considerations Limitations of the research Outline
• Chapter 2 - Formal land tenure systems Introduction Formal land tenure systems and other definitions The roles of land and formal land tenure systems The characteristics and roles of land Land tenure, formal land tenure systems, and the goals of the state Formal land tenure systems and state power The problems and dilemmas of formal land tenure systems Problems of formal land tenure systems Dilemmas of a formal land tenure system Conclusion
• Chapter 3 - Land tenure systems throughout Timor-Leste's history Introduction Geographic and social overview Historical background Formal land tenure systems in Timor-Leste The Portuguese formal land tenure system in Timor-Leste The Indonesian formal land tenure system in Timor-Leste The formal land tenure system during the UNTAET administration The formal Land tenure system since Independence Conclusion
• Chapter 4- The political environment Introduction Political parties and land tenure FRETILIN - Revolutionary Front for an Independent East Timor CNRT - National Congress for Timorese Reconstruction 'Development', high-modernism, infrastructure, and investment Infrastructure Private investment Post-authoritarianism and the authoritarian temptation Weak rule of law Indonesian legacy in land administration Corruption, rent-seeking, clientelism, patronage, and elite capture Natural resources' windfall, oil dependency, and the resource curse Post-colonialism debates Post-conflict debates and potential for violence Resilience and prevalence of customary land tenure systems Conclusion
• Chapter 5 - The making of land laws Introduction Making land-related laws in Timor-Leste Looking at the lawmaking process Legislative agenda Knowledge production for the lawmaking process Decision-making Legal drafters Consultation and transparency mechanisms Drafting options and dilemmas Monitoring and evaluation Language Conclusion
• Chapter 6 - Land tenure legislation in Timor-Leste Introduction Validity of pre-independence rights Legal recognition of customary land rights Long-term possession State land Definition of state land Public and Private Domain of the State Land rights of legal entities Processes for identifying land claims and addressing conflicting ones The Process established by Law 1/2003 The Process established by Decree-Law 27/2011 The Process established by the Land Law Evictions Land rights in the Timorese formal land tenure system Legal Mechanisms for Acquisition and Loss of Land Rights Transfers of land rights Adverse possession and legal protection of possessors Expropriation Conclusion
• Chapter 7 - Land Institutions Introduction Looking at institutions State institutions - The National Directorate of Land and Property and Cadastral Services (DNTPSC) The origins and influences of DNTPSC DNTPSC's goals and tasks Resources Internal structure Leadership DNTPSC's clients External institutions Ita Nia Rai (INR) and National Cadastre System (SNC) International organizations and donors Timorese civil society organizations Conclusion
• Chapter 8 - Social relationships, ideas, and practices around land tenure and the formal land tenure system Introduction Relevance of customary systems Characteristics of land rights Land tenure security Legal tenure security Perceived tenure security Land titling Land-related disputes and dispute-resolution mechanisms 'Development' and the right to expropriate land Conclusion
• Chapter 9 - The layers in movement - the formal land tenure system and the Suai Supply Base Introduction Oil, politics and 'development' The resource dispute in the Timor Sea The Tasi Mane Project and the SSB The Suai and the area of the SSB Land tenure, land tenure systems and 'development' The informal approach of the Inter-Ministerial Team The 10-percent agreement with the 'community of Kamenasa' The legislative approach The contractual approach The effects of land acquisition Conclusion
• Chapter 10 - Conclusions Introduction Studying land tenure systems - an analytical framework What can we learn from Timor-Leste? Factors of success and failure of a formal land tenure system Land tenure and administrative processes, public administrations, and state officials Land tenure and the rule and role of law and lawmaking Land tenure and ideology The Timorese formal land tenure system - final remarks.
• (source: Nielsen Book Data)

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation's history. Taking an insider's perspective based on the author's experience in Timorese state administration, and through the investigation of five analytical themes -political environment, lawmaking, legal framework, institutional framework, and social relationships and practices- this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.
(source: Nielsen Book Data)

This book is about the politics of nature conservation in late New Order and early Reformasi Indonesia. It approaches the subject through discourse analysis. Understanding politics as a struggle for discourse hegemony it analyses both processes of policy- and lawmaking in Jakarta and of implementation in national parks, and their outcomes, and addresses a number of questions: Which discourses have dominated conservation policies and laws throughout history? How did Ministers, members of Parliament, state officials, NGOs and residents of national parks try to decide debates on conservation in their advantage? Which unwritten rules helped or constrained them in this effort? How did the struggle for discourse hegemony affect policy and law, policy- and lawmaking and implementation? Based on rich empirical case material the book argues that a multitude of discourses have come to co-exist which enabled actors to use arguments strategically, and that various actors have succeeded to mobilise discourses enabling them to participate in the debate without obligations. The results of this study go beyond participating in the debate on what element of sustainable development to focus on but link the policy debate to the debate on governance and rule of law. By addressing the policy discourse and the discourses structuring policy- and lawmaking and implementation, the study wants to contribute not only to the field of nature conservation but also to the field of Indonesian law and governance in general.
(source: Nielsen Book Data)

• Introduction
• The development of the Indonesian Constitution
• The idea of the sovereignty of the people and parliamentary institutionalism
• The form of Indonesian law products
• The form of state and governmental system
• Regional governance
• Judicial powers
• Human rights, citizenship and immigration
• Political parties and general election
• State finance law
• Conclusion.

• Preface. Abbreviations.
• 1. Introduction.
• 2. The History of Judicial Review in Indonesia.
• 3. Administrative Court Review: Basic Concepts and Their Interpretation.
• 4. Administrative Court Procedure.
• 5. Civil Service Law in the Administrative Courts.
• 6. Land Law in the Administrative Courts.
• 7. Constitutional Law in the Administrative Courts.
• 8. Administrative Court Organisation.
• 9. Outside Influences on Administrative Court Performance.
• 10. Conclusion. Bibliography. Table of Cases. Index. Appendix.
• (source: Nielsen Book Data)

In 1991, Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of this administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyzes the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analyzing factors inside and outside the administrative court organization which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues.
(source: Nielsen Book Data)

• Part I. Village Repertoires: 1. Law, religion and pluralism
• 2. Adat's local inequalities
• 3. Remapping Adat
• Part II. Reasoning Legally through Scripture: 4. The contours of the courts
• 5. The judicial history of 'consensus'
• 6. The poisoned gift
• 7. Historicizing scripture, justifying equality
• Part III. Governing Muslims through Family: 8. Whose word is law?
• 9. Gender equality in the family?
• 10. Justifying religious boundaries
• 11. Public reasoning across cultural pluralism.
• (source: Nielsen Book Data)

In Indonesia, the world's largest Muslim-majority country, Muslims struggle to reconcile radically different sets of social norms and laws, including those derived from Islam, local social norms, and contemporary ideas about gender equality and rule of law. In this study, John Bowen explores this struggle, through archival and ethnographic research in villages and courtrooms of the Aceh Province, Sumatra, and through interviews with national religious and legal figures. He analyses the social frameworks for disputes about land, inheritance, marriage, divorce, Islamic History and, more broadly, about the relationships between the state and Islam, and between Muslims and non-Muslims. The book speaks to debates carried out in all societies about how people can live together with their deep differences in values and ways of life. It will be welcomed by scholars and students across the social sciences, particularly those interested in anthropology, cultural sociology and political theory.
(source: Nielsen Book Data)

• Part I. Village Repertoires: 1. Law, religion and pluralism
• 2. Adat's local inequalities
• 3. Remapping Adat
• Part II. Reasoning Legally through Scripture: 4. The contours of the courts
• 5. The judicial history of 'consensus'
• 6. The poisoned gift
• 7. Historicizing scripture, justifying equality
• Part III. Governing Muslims through Family: 8. Whose word is law?
• 9. Gender equality in the family?
• 10. Justifying religious boundaries
• 11. Public reasoning across cultural pluralism.
• (source: Nielsen Book Data)

In Indonesia, the world's largest Muslim-majority country, Muslims struggle to reconcile radically different sets of social norms and laws, including those derived from Islam, local social norms, and contemporary ideas about gender equality and rule of law. In this new study, John Bowen explores this struggle, through archival and ethnographic research in villages and courtrooms of the Aceh Province, Sumatra, and through interviews with national religious and legal figures. He analyses the social frameworks for disputes about land, inheritance, marriage, divorce, Islamic History and, more broadly, about the relationships between the state and Islam, and between Muslims and non-Muslims. The book speaks to debates carried out in all societies about how people can live together with their deep differences in values and ways of life. It will be welcomed by scholars and students across the social sciences, particularly those interested in anthropology, cultural sociology and political theory.
(source: Nielsen Book Data)

• Part I. Village Repertoires: 1. Law, religion and pluralism
• 2. Adat's local inequalities
• 3. Remapping Adat
• Part II. Reasoning Legally through Scripture: 4. The contours of the courts
• 5. The judicial history of 'consensus'
• 6. The poisoned gift
• 7. Historicizing scripture, justifying equality
• Part III. Governing Muslims through Family: 8. Whose word is law?
• 9. Gender equality in the family?
• 10. Justifying religious boundaries
• 11. Public reasoning across cultural pluralism.
• (source: Nielsen Book Data)

In Indonesia, the world's largest Muslim-majority country, Muslims struggle to reconcile radically different sets of social norms and laws, including those derived from Islam, local social norms, and contemporary ideas about gender equality and rule of law. In this study, John Bowen explores this struggle, through archival and ethnographic research in villages and courtrooms of the Aceh Province, Sumatra, and through interviews with national religious and legal figures. He analyses the social frameworks for disputes about land, inheritance, marriage, divorce, Islamic History and, more broadly, about the relationships between the state and Islam, and between Muslims and non-Muslims. The book speaks to debates carried out in all societies about how people can live together with their deep differences in values and ways of life. It will be welcomed by scholars and students across the social sciences, particularly those interested in anthropology, cultural sociology and political theory.
(source: Nielsen Book Data)

• Part I. Village Repertoires: 1. Law, religion and pluralism
• 2. Adat's local inequalities
• 3. Remapping Adat
• Part II. Reasoning Legally through Scripture: 4. The contours of the courts
• 5. The judicial history of 'consensus'
• 6. The poisoned gift
• 7. Historicizing scripture, justifying equality
• Part III. Governing Muslims through Family: 8. Whose word is law?
• 9. Gender equality in the family?
• 10. Justifying religious boundaries
• 11. Public reasoning across cultural pluralism.
• (source: Nielsen Book Data)

In Indonesia, the world's largest Muslim-majority country, Muslims struggle to reconcile radically different sets of social norms and laws, including those derived from Islam, local social norms, and contemporary ideas about gender equality and rule of law. In this study, John Bowen explores this struggle, through archival and ethnographic research in villages and courtrooms of the Aceh Province, Sumatra, and through interviews with national religious and legal figures. He analyses the social frameworks for disputes about land, inheritance, marriage, divorce, Islamic History and, more broadly, about the relationships between the state and Islam, and between Muslims and non-Muslims. The book speaks to debates carried out in all societies about how people can live together with their deep differences in values and ways of life. It will be welcomed by scholars and students across the social sciences, particularly those interested in anthropology, cultural sociology and political theory.
(source: Nielsen Book Data)

• Glossary
• Map of Aceh
• I. Summary
• Law against Khalwat (Seclusion)
• Islamic Dress Requirements
• The Status of the Laws Today
• Official Justifications for the "Seclusion" and Muslim Dress Laws
• Methodology
• II. Background
• Sharia Law and the Approach of the Aceh Qanuns
• GAM's Reaction to the Implementation of Sharia Law
• Resolution of the Conflict in Aceh and Post-War Sharia Implementation
• III. Sharia Enforcement in Aceh
• The role of the Wilayatul Hisbah
• Community Participation in Sharia Enforcement and Traditional Dispute Resolution
• IV. Four Illustrative Cases
• Sri and Budi
• Rosmiati and Nurdin
• Siti and Ahmad
• Nita and Azhar
• V. Human Rights Violations in Implementation of the Seclusion Law
• The Law is Applied Arbitrarily to Criminalize Innocuous Behavior
• The Law is Applied Selectively
• Forced "Confessions"
• Other Abuses: Virginity Tests and Application of the Seclusion Law against Minors
• Stigmatization and Other Effects Resulting from the Prohibition against "Seclusion"
• Justifications for the Seclusion Law, and Some Dissenting Views
• VI. Community Enforcement of the "Seclusion" Law
• Assaults on Individuals Accused of "Seclusion" and the Inadequate Police Response
• Arbitrary Curfews
• Due process violations and arbitrary punishments
• Police Failure to Respond to Abuses by Community Members
• VII. Human Rights Violations in Enforcement of Islamic Dress Requirements
• A District Government Follows Suit
• Official Justifications for the Islamic Dress Requirements
• VIII. Legal Standards
• Sharia, National Law, and Human Rights in Indonesia
• International Standards
• The Right to Legal Certainty
• The Right to Privacy
• Freedom of Religion and Expression
• The Prohibition against Torture
• The Prohibition against Discrimination
• The Prohibition against Arbitrary Arrest
• The Right to Enter Marriage Freely
• Human Rights Law and Virginity Tests
• The Right to a Remedy
• Human Rights Violations by Private Actors
• The Right to Due Process
• IX. Recommendations
• X. Appendix: Letters Sent to Indonesian Officials
• XI. Acknowledgements.

"Aceh, alone among Indonesia's provinces, has been explicitly authorized by national law to adopt local Sharia laws. While supporters say such laws should promote social welfare and communal harmony, two such laws are being used to deny many people the right to make personal decisions central to the conduct of their lives and the expression of their faith, identity, and morals. One of the laws prohibits 'seclusion,' whereby it is a criminal offence in certain circumstances for unmarried individuals of opposite genders to associate together. The other imposes public dress requirements on all Muslims; while the dress law is gender-neutral on its face, in practice it imposes far more onerous restrictions on women than on men. Policing Morality documents the experiences of individuals in Aceh who have been accused of violating these two laws. It demonstrates how the laws violate Indonesia's constitutional protections for basic rights as well as international human rights law. The report also documents recent cases in which the Sharia police, regular police, and private individuals have enforced the laws in an abusive fashion. The laws are applied arbitrarily and selectively, and particularly affect women, the poor, and youths. Several suspects have been beaten or tortured. Policing Morality urges Indonesian and Acehnese authorities to repeal the two laws and ensure that all local regulations in force throughout Indonesia, including those purportedly based on Islam, comply with Indonesia's human rights obligations."--P. [4] of cover.