This thesis discusses the ways in which local officials deal with the tensions concerning regulations on Muslim marriage and social practices that emerge as a response to such regulations. By... Show moreThis thesis discusses the ways in which local officials deal with the tensions concerning regulations on Muslim marriage and social practices that emerge as a response to such regulations. By looking at the implementation of legal norms on marriage, the functioning of marriage bureaucracy and the people's attitudes towards state recognition of marriage in the local setting, this thesis suggests that Indonesia is experiencing a continuing process of the penetration of state law into society. At the law-making level, instead of reforming the substance of the marriage law, which would only stir up controversy and debates, the government has used a citizens’ rights approach to control marriage practice. This citizens’ rights approach is helpful in guiding people towards compliance with the state legal framework.Furthermore, the central state is also endeavouring to remove all forms of informality from the procedures involved. Nevertheless, in practice, it seems it is an uphill battle to reduce informal intervention. In the end, the willingness of the state officials to give a less than strict interpretation of legal rules is key to guaranteeing the functioning of the state law and will be good for the legal development of Indonesia in the future. Show less
This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after... Show moreThis book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom (adat), has become an identity marker of the people (as goes the local maxim: ‘adat is based on Sharia, Sharia is based on the Quran’ [adat basandi Syara’, Syara’ basandi Kitabullah/ABSSBK]). The Sharia by-laws that are dealt with in this book fall into four categories: public morality, Muslim dress code, the obligation to be able to recite the Quran and Islamic charity institutions. This thesis examines the following stages of the realization of Sharia by-laws: the draft of a law, the public and parliamentary discussion and debates about it and finally its text and implementation. It is concluded that justification for local Sharia legislation is debatable, not in the least because there is no explicit rule that gives authority to the local governments to legislate Sharia laws Show less
