While much has been written about the relation between Islamic law and customary law in Muslim countries for the most part, the literature reflects the conflict approach. To date, this methodological framework persists as most western Islamicists continue to view the encounter between the two legal systems as conflict ridden. This thesis is an attempt to reevaluate this entrenched paradigm.
In this article Lev argues that in the absence of legislative reform, Indonesian customary law (adat) has been susceptible to the changing ideals and imagination of the country’s elite and that for this to happen certain changes have been necessary in the conception Indonesian judges have of their own role in relation to adat law with particular reference to adapt inheritance law.
Numerous titling and registration programs have been implemented in Latin America, Africa, Asia, and Eastern Europe as a necessary measure to ensure the property rights of smallholders and increase their access to other production factors, particularly credit. A major criticism of titling programs and formal property rights institutions (such as property registries), however, is their tendency to grant title for household landed property to just one person in the household, usually the male head of household.
This summary of Land Tenure and Property Rights (LTPR) issues in Indonesia is part of a series of LTPR Country Profiles produced for USAID. The profile includes information on property rights and tenure concerning land, forests, freshwater, and minerals, as well as an aggregation of LTPR-related indicators. Options and opportunities for intervention by USAID are presented at the end of the profile, along with an extensive list of references for additional information.
One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property which bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses.
Islamic inheritance law has long been a source of controversy in Indonesia. The controversy has generally been framed in terms of a supposed conflict between Islamic inheritance doctrines and the customary law or adat of the country's many ethnic communities. This article argues that recent developments in Indonesian Islamic inheritance law have narrowed the differences between Islamic and customary approaches to the distribution of property on death.
Indonesia the largest Muslim country in the world, has witnessed what may be interpreted as a continued Islamisation of its Family Law, including the absorption & subsumption of prevalent practices into a logic of codification and reform according to particular interpretations of Muslim laws. But in the light of the Government’s 1988 Compilation of Islamic law, some limited changes in the inheritance laws favourable to women have taken place. The paper by Cammack examines the intricacies of this process in Indonesia.