Modernization, Tradition and Identity
The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts
Distributed for Amsterdam University Press
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.
“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.”