Legal Reconstruction and Islamic Law in Afghanistan

Lau, Martin

doi:10.5040/9780755610266.ch-012

The Law Applied 2008

DOI: 10.5040/9780755610266.ch-012

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Legal Reconstruction and Islamic Law in Afghanistan

Martin Lau¹

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2016

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“…For comparative perspectives on the contemporary Islamic legal systems of Saudi Arabia, Pakistan, Afghanistan, Nigeria, and Sudan, seeVogel (2000);Lau (2006Lau ( , 2008; Ostien, R. Michael Feener -9789004304864 Downloaded from Brill.com10/03/2020 12:57:15AM via free access…”

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State Shariʿa and Its Limits

Feener¹

2016

Islam and the Limits of the State

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Aceh has experienced dramatic social change over the past decade, with devastating natural disaster followed by unprecedentedly ambitious projects of reconstruction and development.1 The shock of this unforeseen tragedy redefined priorities, transformed conversations about the future of Acehnese society, and accelerated ongoing negotiations to bring an end to armed conflict in the region. The peace agreement was formally concluded in July 2005 at Helsinki, bringing to an end decades of violent struggle between the Indonesian central government and the Free Aceh Movement (Gerakan Aceh Merdeka/gam). These developments contributed to the establishment of a level of stability that allowed for attention to be refocused on issues of social order under a civilian administration-which in turn set the stage for a reworking of the earlier special autonomy measures that provided for the state implementation of Islamic law. It also greatly facilitated the work of international development agencies and ngos to carry out massive projects of reconstruction in Aceh. Consequently, enormous amounts of money flowed in, allowing a range of international ngos to field-test their latest theories of linking disaster relief and recovery with longer-term, future-oriented development projects. Under the popular motto of "Building Back Better," reconstruction in Aceh looked beyond purely physical rebuilding to include also a broad range of programs aimed at the improvement of economic and social conditions. This ambitious constellation of projects aimed not only to manage the reconstruction of homes and physical infrastructure in disaster-affected areas, but also to construct and implement new models of quality assurance, transparency, good governance, and gender equity in post-tsunami Aceh. Well beyond the 1 Research for this chapter was undertaken partially with the support of the Singapore Ministry of Education's Academic Research Fund (MoE AcRF # r-110-000-029-750). I would like to thank Mahdi Abdullah Syihab for his invaluable assistance in collecting some of the primary materials consulted for this study, as well as

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State Shariʿa and Its Limits

Feener¹

2016

Islam and the Limits of the State

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Legal Reconstruction and Islamic Law in Afghanistan

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State Shariʿa and Its Limits

State Shariʿa and Its Limits

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