Islam, Law, and Equality in Indonesia

Abstract

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 2003 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.

Ethnic diversity, traditional norms, and marriage behaviour in Indonesia

“…The ethnic and linguistic composition of the country is mirrored in the diversity of adat systems throughout the archipelago. The term ‘ adat ’ broadly refers to customs, traditions, rules, or practices that guide social life and decision-making in Indonesian communities (Bowen 2003; Davidson and Henley 2007; Taylor 2003). These ethnic-based legal systems outline obligations and expectations for social and economic relationships, including marriage, inheritance, land-holding, and dispute resolution.…”

“…A complete treatment of the intricacies of adat is beyond the scope of this study but we highlight two features of adat systems that are particularly relevant for our research goals (see Bowen 2001; Bowen 2003; Davidson and Henley 2007; Hooker 1978; Sillander 2004; and Ter Haar 1948 for more details).…”

“…This three-way tension between adat , state, and religious legal systems emerged during the colonial period and remains relevant today (Abdullah 1966; Bowen 2001, 2003; Davidson and Henley 2007; Sillander 2004; Spyer 1996). Both the Dutch colonial government and the post-Independence New Order government promoted adat as an important cultural institution but also sought to limit adat legal authority in matters related to property rights and dispute resolution (Bowen 2001; Sillander 2004).…”

“…Instead, we used explicit measures of cultural norms about family behaviour to assess the contribution of culture to marriage, exploiting the historical importance of Indonesia’s adat system. Ethnographic and socio-political research suggests that adat law shapes many aspects of family life in Indonesia (Bowen 2001, 2003; Davidson and Henley 2007; Grace 2004; Idrus 2004; Sillander 2004), and that differences in adat customs have historically been associated with ethnic differences in family-related behaviours (Blackburn and Bessell 1997). Thus, while traditional norms for marriage behaviour exist in many settings, in Indonesia these norms are formalized in a meaningful way, providing a unique opportunity to measure norms as distinct from both observed behaviour and simple group classification.…”

Fathers' and Mothers' Reports of Involvement in Caring for Infants in Kadazan Families in Sabah, Malaysia

“…Thus, mothers play a greater role in the day-to-day care and socialization of young children and in nurturing strong familial bonds than fathers do (Sather). Fathers' roles within the family are steeped in the beliefs of Adat-affirmation of patriarchy, control of women's sexuality, submission of wife to husband, and children's loyalty to parents (for reviews see Bowen, 2003;Kling, 1995;Sanday, 2002).…”