Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia

New Middle Eastern Studies, Forthcoming

Southwestern Law School Research Paper No. 2015-06

32 Pages Posted: 21 Feb 2015

See all articles by Mark Cammack

Mark Cammack

Southwestern Law School

Adriaan Bedner

Leiden University

Stijn Van Huis

Leiden University - Leiden Law School

Date Written: February 19, 2015

Abstract

This article examines the developments in Indonesian family law in the aftermath of the political transition that occurred in 1998. Its focus is on the position of the Islamic courts and the role of the women’s movement as a driver of reform. Combining literature on gender, Islam and the state in Indonesia with new material such as divorce rates, cases of the Constitutional Court and law reform initiatives, the authors argue that the family law reform processes already underway before 1998 have not changed much and have continued to lead to more state control of Islamic family law. Yet, even though the reforms since 1998 have not directly targeted family law, they have unleashed processes of liberalization, democratization and decentralization that have emboldened Indonesian women in the exercise of their rights and have invigorated debates over further reform.

Suggested Citation

Cammack, Mark and Bedner, Adriaan and Van Huis, Stijn, Democracy, Human Rights, and Islamic Family Law in Post-Soeharto Indonesia (February 19, 2015). New Middle Eastern Studies, Forthcoming, Southwestern Law School Research Paper No. 2015-06, Available at SSRN: https://ssrn.com/abstract=2567571

Mark Cammack (Contact Author)

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

Adriaan Bedner

Leiden University ( email )

Postbus 9500
Leiden, Zuid Holland 2300 RA
Netherlands

Stijn Van Huis

Leiden University - Leiden Law School

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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