scholarly journals From Indigenous Customary Law to Diasporic Cultural Heritage: Reappropriations of Adat Throughout the History of Moluccan Postcolonial Migration

2020 ◽  
Author(s):  
Gerlov van Engelenhoven
Keyword(s):  
The Netherlands ◽  
Cultural Heritage ◽  
Collective Identity ◽  
Islamic Law ◽  
Historical Context ◽  
Customary Law ◽  
Indonesian Archipelago ◽  
Migrant Community ◽  
History Of

Abstract Adat is originally an Arabic term meaning “custom” or “habit”, and was introduced by Islamic merchants in Maluku and throughout the Indonesian archipelago from the 1200s onward. The term was used as a way to refer to indigenous customs that could not be incorporated into Islamic law. Therefore, rather than referring to a particular system of customs or laws, adat denoted Islamic law’s indeterminate opposite: i.e. the wide variety of indigenous practices which, other than this generalizing label of “custom”, remained undefined. Throughout the chapter, I will trace the development of this term from its original usage to its current-day reinterpretation as a form of diasporic cultural heritage by the Moluccan postcolonial migrant community in the Netherlands. As will become clear, the contemporary Moluccan application can be understood as a strategic reappropriation of the term for the construction of their collective identity, which leaves intact the term’s original capacity of having no fixed definition. By placing the Moluccan application of adat within the historical context of their separatist ideology vis-à-vis Indonesia, and their migration to the Netherlands in the early 1950s, I will argue that their reappropriation of adat as a deliberately indefinable form of Moluccan cultural heritage can be understood as a way for them to protect their collective identity as a separatist people from becoming a matter of wider contestation.

scholarly journals Undang-undang Panji Selaten dan Beraja Niti tentang Hukum Islam di Kesultanan Kutai Kertanegara

2014 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Makmun Syar’i
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
History Of ◽  
Clear Idea ◽  
Islamic Values

This paper discusses the problem of inter-marriage between customary law and Islamic law by referring to the laws of Panji Selaten and Beraji Niti as a case in point. These are the laws of Kutai Kertanegara Sultanate in Kalimantan. The paper particularly asks to what extent does customary law in Kutai Kertanegara absorbs Islamic law and vice versa. We argue that this case is a perfect example of not only the ability of Islam to adapt to a local scenario but also the genius of early Muslims in this particular region to understand the universal message of Islam. That Islam is universal means that it is applicable in different settings and contexts. We also discuss the history of the two laws, their characteristics and systems in order to present a clear idea of how they connote to the Islamic values. Further, through this study we try to show that in one way or another, the Dutch colonizing power at the time was aware that to keep the resistance at bay, it has to apply the policy of what Van Den Berg calls receptio in complexu, that is recognizing and applying Islamic law for the Muslims.

The rise and fall of the legislature

2020 ◽  
pp. 234-250
Author(s):  
Ken Ochieng' Opalo
Keyword(s):  
Organizational Development ◽  
Historical Context ◽  
Institutional Development ◽  
History Of ◽  
The Impact

What explains the emergence of a relatively independent legislature in Kenya since the early 1990s? In this chapter, I situate the evolution and institutional development of the Kenyan legislature in historical context. In so doing, I show how legislative organizational development under both colonialism and the era of single-party rule provided the foundation for the emergence of a relatively strong legislature after 1992. The primary lesson that emerges from this chapter is that to understand contemporary legislative independence in Kenya requires an appreciation of the country’s history of contested executive–legislative relations, and the impact of this on legislative institutional development.

Digital Archiving and School Cultural Heritage

2012 ◽  
Vol 3 (2) ◽  
pp. 38-57
Author(s):  
Antonella Nuzzaci ◽  
Luisa Revelli
Keyword(s):  
Cultural Heritage ◽  
Collective Memory ◽  
Significant Role ◽  
Digital Library ◽  
Collective Identity ◽  
Teaching And Learning ◽  
Learning Processes ◽  
Educational Institutions ◽  
Cultural Institutions ◽  
History Of

Cultural institutions such as libraries and archives play an important role in the preservation of, and access to, cultural heritage. The digitization of documents of an historical educational nature is essential to ensure the preservation of the collective memory of certain generations for schoolchildren, and its use for educational purposes allows a collective identity to be re-established, suitable for use on increasingly large subject groups. This article examines the benefits of digitizing a specific type of material related to school culture, exercise books, which have played a significant role in the history of the teaching and learning processes. It examines issues related to the conservation of these items and access to them, given their cultural heritage and their impact on the preservation and upkeep of the history of educational institutions. The main aspects and stages of the CoDiSV project, which aims to build a digital library of cultural assets, and educational and historical ones in particular, will then be discussed.

Overhauling the Contents of Islamic Law Courses in Nigerian Universities: An Overdue Phenomenon

2020 ◽  
Vol 3 (1) ◽  
pp. 11-27
Author(s):  
Olagunju-Ibrahim R Olawale ◽  
Olokooba S Muhammed ◽  
Solomon O Afolabi
Keyword(s):  
Research Method ◽  
Teaching And Learning ◽  
Islamic Law ◽  
Legal Education ◽  
Historical Context ◽  
Law Students ◽  
Founding Fathers ◽  
Effective Learning ◽  
History Of ◽  
High Level

Set on historical context, this paper examines generally the problems hindering the effective learning of Islamic Law (Sharīʻah) in the citadels of learning in Nigeria. In doing this, the paper highlights the history of legal education especially, the high level of teaching and learning of Islamic Law in the pre-colonial Nigeria and the contemporary problems facing quality Islamic legal education due to colonial antipathy for Islamic Law as well as shortcomings in the content of Sharīʻah law curriculum of the Nigerian legal education system. Using doctrinal research method, the paper finds that scanty contents of the Sharīʻah law courses taught to combined law students in Nigerian universities go contrary to the aims and objectives of the founding fathers of the Islamic legal education in Nigeria. To achieve a turn round and improve the situation, the paper recommends the need for overhauling of the contents of all Islamic Law courses in the Nigerian Universities.

scholarly journals SYARIAT ISLAM PADA DINASTI DI ASIA Telaah Kritis Tipologi Mujtahid dan Geneologi Intelektual

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Hasnul Arifin Melayu
Keyword(s):  
Power System ◽  
Islamic Law ◽  
Historical Context ◽  
Social Conditions ◽  
Islamic Tradition ◽  
History Of ◽  
Religion And State

Implementation of Islamic law in Aceh is inseparable from its historical context in the history of Islam. Struggle of ideas between religion and state, the influence of the power system and outside the Islamic tradition and social conditions into one format forming Islamic law itself. In addition, the existence of a mujtahid in the struggle also gives an important role. This article will explore specifically about the existence of a mujtahid and their intellectual genealogy in dynasty in Asia, especially the Ottoman and Mughal. This study aims to describe the trip codification of Islamic law in some Muslim region. By doing so, there is the exposure of the expected phases of the codification of Islamic law that can be used as input in the process of implementation of Islamic law in Aceh. Kata kunci: syariat Islam, tipologi, geneologi mujitahid

scholarly journals Islamic Law in the Legal Political System

Al-Mizan ◽  
2017 ◽  
Vol 13 (2) ◽  
pp. 156-184
Author(s):  
Indah Abbas
Keyword(s):  
The Netherlands ◽  
Political System ◽  
Islamic Law ◽  
Colonial Period ◽  
The Political ◽  
New Order ◽  
Parliamentary Democracy ◽  
Japanese Occupation ◽  
Reform Period ◽  
History Of

This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law

“Bridges” and “Gaps” on Maps of Multicultural Cities

2017 ◽  
pp. 181-199
Author(s):  
Oxana Karnaukhova
Keyword(s):  
Urban Communities ◽  
Collective Identity ◽  
Urban Policy ◽  
Historical Context ◽  
Cultural Environment ◽  
The South ◽  
Urban Identity ◽  
History Of ◽  
Soviet Legacy ◽  
The City

The city is a sum of feasible expressions of social and historical evolution and space identity. The uniqueness of a place is formed not only by contemporary infrastructure, but by the cultural environment deeply anchored in the historical context. The object of the study is the South Russian agglomeration as a feasible example of ragged edges of multicultural history of the region and constantly challenged collective identity. Multicultural cities in Russia carry a burden of the pre-Soviet and Soviet urban policy, weighed down by complex historical environment. As a result, cities are closed in a coterie: reliance on Soviet and post-Soviet legacy – conservative economic policy –– fragmentary and spontaneous development of the city architecture and infrastructure. The term of splintering urbanism coined by Steven Graham and Simon Marvin is focused on the historical circumstances and socio-cultural environment of urban communities in the South Russian agglomeration, describing symbolic forms of bridges and gaps in the collective urban identity.

Applied Heritage

2017 ◽  
Author(s):  
Rachael Kiddey
Keyword(s):  
Material Culture ◽  
Cultural Heritage ◽  
Social Deprivation ◽  
Negative Impact ◽  
Marginalized Communities ◽  
The Past ◽  
Physical Environments ◽  
History Of ◽  
State Investment

At the start of this book I offered examples of how archaeological knowledge and skills are being applied in ways that are socially useful and relevant to contemporary society. Building on what Holtorf and Fairclough (2013) term the ‘New Heritage’, I want to go further to suggest that some participatory cultural heritage work might explicitly set out to function as a therapeutic social intervention with marginalized communities. I will call this Applied Heritage. Before I outline what Applied Heritage could conceivably comprise I want to look more closely at the findings and results of the Homeless Heritage project. In the first part of this chapter I unpack how material culture relates to and stimulates memories which shape perceptions and may be useful in aiding the reconstruction of identities following experiences of marginalization or trauma. Following this, I will look at the negative impact that memories can have for populations who feel ‘out of place’ in the physical environments in which they are forced to exist. I examine several ways in which a cultural heritage lens can be shown to have been useful in addressing some of the challenges first experienced in engaging people on the Homeless Heritage project. The second part of this chapter looks at how an archaeological approach to contemporary homelessness was useful in identifying how historic attitudes to homelessness, which were enshrined in policies intended to deal with vagrancy, continue to haunt current homeless legislation. Archaeologist Michael Shanks has observed that ‘a key component of archaeological thinking is . . . personal standpoint, in a context of sometimes considerable state investment in heritage and stewardship of the remains of the past’. The Homeless Heritage project sought to document multiple ‘personal standpoints’ which often directly contravened those memories of the past preferred and pushed by the state. As we saw in the brief history of the development of homelessness as a social status offered in Chapter 4, states have increasingly conflated homelessness and associated social deprivation with criminality.

Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara

2020 ◽  
Vol 14 (2) ◽  
pp. 295-306
Author(s):  
Anis Masykhur
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Basis ◽  
Indonesian Archipelago

The study of the intersection of Islamic law with customary law in the legislation texts of the Islamic kingdoms in the Indonesian Archipelago is intended to describe the flexibility of Islamic law when it meets customary law, and vice versa. This research is a comparative study between the laws that were made into the sultanate law in the archipelago in the 16-18 century AD. The nature of Islamic law is believed to have the ability to adapt (legal adaptability) with other laws. One theory that can strengthen this statement is the existence of one of the five major principles in the science of Usul al-Fiqh, namely "al-ʻadāh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwā bi taghayyur al-azminah", meaning changes in fatwas due to changes in time. These principles reinforce the flexibility of Islamic law. By taking some examples from articles from the Malacca law, the Simbur Tjahaya Act of the Palembang Sultanate, the Jambi Customary Law, the Sultan Adam Law on the Banjar Sultanate, the Martabat Tujuh Law for the Buton Sultanate and the Baraja Niti Kutai Law Kartanegara, it was found that the intersection between Islamic law and customary law was seen in these laws, which were complementary, and there was no tension.

Waddenland Outstanding

2018 ◽  
Keyword(s):  
Water Management ◽  
The Netherlands ◽  
Cultural Heritage ◽  
Wadden Sea ◽  
Last Millennium ◽  
Coastal Marshes ◽  
Settlement History ◽  
Political Unity ◽  
History Of

The Wadden Sea Region is comprised of the embanked coastal marshes and islands in the Wadden Sea near Denmark, Germany, and the Netherlands. This area retains an exceptional common history in all its aspects: archaeologically, economically, socially, and culturally. Its settlement history of more than two thousand years is unrivalled and still mirrored in the landscape. Even though it has never constituted a political unity, it still shares a landscape and cultural heritage. For example, the approaches to water management and associated societal organization developed in the region during the last millennium have set significant world standards. This book offers an overview of current research on history, landscape and cultural heritage of the Wadden Sea region.

Sign in / Sign up

Export Citation Format

Share Document