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4 - The contours of the courts

Published online by Cambridge University Press:  07 January 2010

John R. Bowen
Affiliation:
Washington University, Missouri
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Summary

Islam, sharî'a, fiqh, hukum – these several ways of referring to God's path or law provide a second set of resources drawn on by Indonesian Muslims. Strikingly, the path along which Islam has been reformulated as a national legal resource in Indonesia parallels the path followed by adat: from a treasury of examples and sayings, brought to bear on a particular case, each has been transformed into a set of rules, an explicit code to be applied by judges. But this codification masks the ways in which Muslims draw on the Islamic discursive tradition to evaluate, justify, or critique specific events.

Over the next four chapters, I consider the ways in which judges, jurists, historians, and ordinary Muslims have sought ways to justify or critique social norms on the basis of Islamic tenets, and to reinterpret Islam on the basis of other social norms. This succession of analyses begins in the courts of Takèngën, with the reasoning processes of judges who live close to everyday Gayo social life. In succeeding chapters, I consider the relationship between social change and justificatory argumentation over a period of forty years in these courts, and the parallel national debates about how to understand Islamic history and law.

In these chapters, we shift our societal focus from village processes to the legal institutions situated in towns and cities. Village life does not disappear from our view, of course; it is conflicts over land and succession that drive people to court.

Type
Chapter
Information
Islam, Law, and Equality in Indonesia
An Anthropology of Public Reasoning
, pp. 67 - 88
Publisher: Cambridge University Press
Print publication year: 2003

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  • The contours of the courts
  • John R. Bowen, Washington University, Missouri
  • Book: Islam, Law, and Equality in Indonesia
  • Online publication: 07 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615122.005
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  • The contours of the courts
  • John R. Bowen, Washington University, Missouri
  • Book: Islam, Law, and Equality in Indonesia
  • Online publication: 07 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615122.005
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The contours of the courts
  • John R. Bowen, Washington University, Missouri
  • Book: Islam, Law, and Equality in Indonesia
  • Online publication: 07 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511615122.005
Available formats
×