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3 - An “Indonesian madhhab

Published online by Cambridge University Press:  29 September 2009

R. Michael Feener
Affiliation:
National University of Singapore
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Summary

Frequently in one part of the world, that is held for the law of nations, which is not so in another. Now this law of nations is proved in the same manner as the unwritten civil law, and that is by the continual experience and testimony of the Sages of the Law.

Hugo Grotius, De Jure Belli ac Pacis

Over the first few decades following the achievement of national independence in 1945 the fledgling nation of Indonesia faced new struggles as it sought to define itself. During this time, conflicts between the Nationalists, Socialists, Communists, and Islamists were most pronounced in debates over the constitutional basis for the state and the model of law promulgated by it. It was in this context that some Indonesian thinkers began a movement that was unprecedented in the history of Islamic law: the creation of a new “national” madhhab for the Muslim inhabitants of the Republic. These developments were significantly affected by the drastic changes in the politics and social order of the newly independent country, while at the same time deeply rooted in the legal models of the former colonial state. Under the Dutch, the institutional role of Islamic law in many Muslim areas of their East Indies territories was progressively subsumed within a system of legal administration characterized by a complex congeries of courts ruling according to the Dutch colonial code and various local systems of customary law (adatrecht).

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Publisher: Cambridge University Press
Print publication year: 2007

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  • An “Indonesian madhhab
  • R. Michael Feener, National University of Singapore
  • Book: Muslim Legal Thought in Modern Indonesia
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495540.005
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  • An “Indonesian madhhab
  • R. Michael Feener, National University of Singapore
  • Book: Muslim Legal Thought in Modern Indonesia
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495540.005
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • An “Indonesian madhhab
  • R. Michael Feener, National University of Singapore
  • Book: Muslim Legal Thought in Modern Indonesia
  • Online publication: 29 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495540.005
Available formats
×