ICAS Publications Series Monographs

Modernization, Tradition and Identity. The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts

Euis Nurlaelawati

Modernization, Tradition and Identity: The Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts looks at the extent to which the judges of the Indonesian religious court have referred to the Kompilasi Hukum Islam as a close or legislated code in resolving the cases. The book stresses the role of judges at the religious courts and shows how a different perspective can produce different pictures and how the main actors in what other legal scholars portray as the success story of Indonesia’s legal system, if depicted from a different angle, suddenly become weak and powerless figures, lacking strong weapons. Using Weber’s approach on legal rationalization, the book investigates important dynamics in the history of Islamic justice and portrays the shift of legal awareness among Muslims in the country.

Euis Nurlaelawati is a lecturer in the Islamic law at Syarif Hidayatullah State Islamic University, Jakarta.