Women and Property Rights in Indonesian Islamic Legal Contexts


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In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.

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John R. Bowen (Ph.D University of Chicago, 1984) is Dunbar-Van Cleve Professor at Washington University in St. Louis. He studies questions of Islam, law, and society in Indonesia and Europe, and his latest book is On British Islam (Princeton, 2016). He is a Fellow of the American Academy of Arts and Sciences. Arskal Salim, Ph.D. (2006), University of Melbourne, is Professor of Islamic Law at Syarif Hidayatullah State Islamic University (UIN) Jakarta. He has published extensively including his latest book Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism (Edinburgh University Press, 2015)
"Overall, the book is recommended for scholars interested in the topics of women's rights in Indonesia and gender studies in general. The fact that all contributors have an Indonesian background provides an added-value, in the sense that the indigeneity of the researchers ensures a better understanding of locally-rooted legal concepts." - Muhammad Latif Fauzi, IAIN Surakarta, in: Journal of the Humanities and Social Sciences of Southeast Asia 175 (2019)
Abbreviations Notes on Contributors Note on Transliteration
Introduction Studying Women’s Access to PropertyJohn R. Bowen and Arskal Salim

Part 1 Local Systems of Meaning, Norms and Power

1 The Social Practice of Mahr among Bimanese Muslims Modifying Rules, Negotiating RolesAtun Wardatun
2 Siri and the Access of Bugis Makassarese Women to Property RightsRosmah Tami

Part 2 Women’s Visions and Strategies

3 The Rights of Children Born out of Wedlock Views of Muslim Women’s Organizations on Constitutional Court Judgement 46/2010Tutik Hamidah
4 Inheritance for Women The Role of Lawyers in Women’s Access and RightsNanda Amalia

Part 3 The Role of Judges

5 Women’s Financial Rights after Divorce in IndonesiaEuis Nurlaelawati
6 Mut’ah and Iddah Post-divorce Payment Practices in AcehAbidin Nurdin
7 Disputing Marriage Payments in Indonesia A Comparative Study of Aceh and South SulawesiArskal Salim
EpilogueJohn R. Bowen
Glossary Index
All interested in Islam and society, and in particular those concerned with gender issues and Islamic law, or with Indonesia, including jurists and policy-makers as well as post-graduate students, scholars, and all research libraries.
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