Islamic Law and Islamic Legal Professionals in Southeast Asia

256 Pages Posted: 7 Apr 2016

See all articles by Clark B. Lombardi

Clark B. Lombardi

University of Washington School of Law; University of Washington - Henry. M. Jackson School of International Studies

Mark Cammack

Southwestern Law School

Michael Feener

Independent

Amanda Whiting

Asian Law Centre, Melbourne Law School

Euis Nuraelawati

Universitas Islam Negeri Yogyakarta

Abdurrahman Rahim

Religious Court of the Supreme Court in the Republic of Indonesia

Ratno Lukito

State Islamic University (UIN) Sunan Kalijaga

Farid Shuaib

International Islamic University of Malaysia (IIUM)

Najibah Mohd Zin

International Islamic University Malaysia

Ahmad Abbas

Straits Law

Muhammad Haniff Hassan

Nanyang Technological University (NTU) - S. Rajaratnam School of International Studies (RSIS)

Nik Hasyila

International Islamic University Malaysia

Sharifah Thuraiya Alhabsi

Nanyang Technological University (NTU) - S. Rajaratnam School of International Studies (RSIS)

Date Written: January 4, 2012

Abstract

This cutting-edge edited volume (posted here on SSRN in its entirety) analyzes the Islamic legal systems of three Southeast Asian countries: Indonesia, Malaysia and Singapore. It also includes new information about the training, organization and professional culture of judges and lawyers who work in these Islamic legal systems. The volume begins with an essay discussing the state of academic knowledge about contemporary Islamic legal systems and about the judges and lawyers who work in the Islamic courts. It explores why, at a time of great interest in Islamic law, we still have a limited understanding of the institutional structure of Islamic legal systems, and almost no knowledge about the training and professional culture of the figures who administer Islamic justice around the world. It argues for the importance of comparative research in this area. The rest of the volume is divided into three sections — each focusing on a different country. Each section begins with history of Islamic law in the country at issue and of the systems that it has developed to interpret, adjudicate and enforce Islamic law. In each country-section, the historical introduction is followed by a chapter exploring in detail how Islamic judges in that country are trained, selected, supervised and promoted. This is followed by another article discussing the lawyers who represent clients before these courts. It describes the training and credentialing of these lawyers, the bar associations to which they belong and the relationship of “Islamic lawyers” to other types of lawyer in the country. Providing a wealth of empirical data about three important Islamic legal systems and a new comparative perspective, this volume allows us to understand better the structure and culture of Islamic adjudication in crucially important countries. It allows us also to identify hitherto hidden patterns and discrepancies in the administration of Islamic law around the world.

Keywords: Law and Religion, Religion and politics, Islamic Law, Islamic politics, Islamization, Sharia, Fiqh, Family Law, Marriage, Divorce, Islamic Courts, Comparative Courts, Comparative civil procedure, Legal Profession, Bar Association, Judges, Judicial Training, Kadis, Southeast Asia, Malaysia, Indonesia

Suggested Citation

Lombardi, Clark B. and Cammack, Mark and Feener, Michael and Whiting, Amanda and Nuraelawati, Euis and Rahim, Abdurrahman and Lukito, Ratno and Shuaib, Farid and Mohd Zin, Najibah and Abbas, Ahmad and Hassan, Muhammad Haniff and Hasyila, Nik and Alhabsi, Sharifah Thuraiya, Islamic Law and Islamic Legal Professionals in Southeast Asia (January 4, 2012). Pacific Rim Law & Policy Journal, Vol. 21, 2012, Available at SSRN: https://ssrn.com/abstract=2758825 or http://dx.doi.org/10.2139/ssrn.2758825

Clark B. Lombardi (Contact Author)

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
(206) 543-4939 (Phone)

HOME PAGE: https://www.law.washington.edu/directory/profile.aspx?ID=142

University of Washington - Henry. M. Jackson School of International Studies ( email )

Seattle, WA
United States

Mark Cammack

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

Michael Feener

Independent

Amanda Whiting

Asian Law Centre, Melbourne Law School ( email )

Melbourne
Australia

Abdurrahman Rahim

Religious Court of the Supreme Court in the Republic of Indonesia ( email )

Ratno Lukito

State Islamic University (UIN) Sunan Kalijaga ( email )

Jl. Marsda Adisucipto
Yogyakarta, 55281
Indonesia

Farid Shuaib

International Islamic University of Malaysia (IIUM) ( email )

Najibah Mohd Zin

International Islamic University Malaysia ( email )

Ahmad Abbas

Straits Law ( email )

Muhammad Haniff Hassan

Nanyang Technological University (NTU) - S. Rajaratnam School of International Studies (RSIS) ( email )

Blk S4, Level B4
Nanyang Avenue
Singapore, 639798
Singapore

Nik Hasyila

International Islamic University Malaysia ( email )

Sharifah Thuraiya Alhabsi

Nanyang Technological University (NTU) - S. Rajaratnam School of International Studies (RSIS) ( email )

Blk S4, Level B4
Nanyang Avenue
Singapore, 639798
Singapore

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