This paper explores statistically the implications of the shift from communal to individualized tenure on the distribution of land and schooling between sons and daughters in matrilineal societies, based on a Sumatra case study. The inheritance system is evolving from a strictly matrilineal system to a more egalitarian system in which sons and daughters inherit the type of land that is more intensive in their own work effort. While gender bias is either non-existent or small in land inheritance, daughters tend to be disadvantaged with respect to schooling.
The authors test the unitary versus collective model of the household using specially designed data from Bangladesh, Ethiopia, Indonesia, and South Africa. Human capital and individual assets at the time of marriage are used as proxy measures for bargaining power. In all four countries, we reject the unitary model as a description of household behaviour, but fail to reject the hypothesis that households are Pareto-efficient. In Bangladesh and South Africa, women's assets increase expenditure shares on education, while in Ethiopia it is men's assets that have this effect.
This paper was presented at the International Conference on Land and Resource Tenure, Jakarta, 11-13 October 2004. The writer was part of a panel of women speaking on the theme of women and tenurial rights. For further information see www.landtenure.net, and link below.
This article discusses the division of joint matrimonial property under Indonesian national law and acehnese customary law and the need for greater awareness of this law amongst women to prevent injustice to women.
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.