Islam, Law, and the State

Author(s):  
Dominik M. Müller

In the ever-growing corpus of anthropological scholarship addressing Islam and Muslim lifeworlds, comparably few studies centre on the intersections of Islam, law, and state power. This chapter begins with an introduction to some classical legal anthropological works that were influential in fields such as Islamic courtroom ethnography, disputing, and legal pluralism and that reflected on positivistic reconfigurations of the sharia caused by (post)colonial forces, most of which were not overly interested in the state as a core object of empirical and analytic enquiry. The chapter then shifts attention to more recent works that have opened up new directions and dealt increasingly with Islam’s intricate and contingent relationships with law, the state, and wider legal politics in specific contextual settings, factoring in overlapping sovereignties such as marketization in the religious and political field. These studies address, for example, the (trans)formation of sharia norms in corporate workplace settings, halal politics and related state-market dynamics, and the societal workings of state attempts to govern and bureaucratize Islam. They derive their strength from long-term ethnographic endeavours that follow social actors into spheres where they render the sharia meaningful, often in ways that would not immediately be associated with law or legal studies as a result of European-rooted secular distinctions. These and other emerging fields offer sociolegal scholars a range of timely and often understudied avenues for future research that could potentially hold significance for broad readerships within and beyond anthropology and sociolegal studies.

2019 ◽  
Vol 20 (3) ◽  
pp. 251-264 ◽  
Author(s):  
Yinlu Feng ◽  
Zifei Yin ◽  
Daniel Zhang ◽  
Arun Srivastava ◽  
Chen Ling

The success of gene and cell therapy in clinic during the past two decades as well as our expanding ability to manipulate these biomaterials are leading to new therapeutic options for a wide range of inherited and acquired diseases. Combining conventional therapies with this emerging field is a promising strategy to treat those previously-thought untreatable diseases. Traditional Chinese medicine (TCM) has evolved for thousands of years in China and still plays an important role in human health. As part of the active ingredients of TCM, proteins and peptides have attracted long-term enthusiasm of researchers. More recently, they have been utilized in gene and cell therapy, resulting in promising novel strategies to treat both cancer and non-cancer diseases. This manuscript presents a critical review on this field, accompanied with perspectives on the challenges and new directions for future research in this emerging frontier.


Author(s):  
Tine Suartina

Tulisan ini berupaya melihat marjinalisasi adat, hukum adat serta implikasinya pada masyarakat adat. Dalam konteks Indonesia, meskipun Konstitusi dan beberapa aturan formal mengakui masyarakat adat, termasuk pranata adat, namun pada praktiknya telah terjadi upaya peminggiran jangka panjang. Ketidakkonsistenan kebijakan negara terhadap penerapan hukum adat memberikan peran dalam marjinalisasi komunitas adat pada berbagai tingkat. Melalui penelitian lapangan di tiga komunitas adat, Kasepuhan Ciptagelar, Kasepuhan Karang dan Kasepuhan Guradog di bagian Barat Jawa serta perspektif pluralism hukum, tulisan ini menjelaskan kurangnya pengakuan pada hukum adat memberikan pengaruh tertentu pada masyarakat adat, termasuk dalam pengaturan kemasyarakatan dan penghidupan. Studi ini pun membuktikan bahwa meskipun hukum adat secara praktis tidak diadopsi oleh negara, dalam beberapa kasus, masyarakat adat menemukan strategi untuk mempertahankan keyakinan dan praktik hukum adat di komunitasnya. Untuk itu, dalam konteks lebih luas, hal yang ingin disampaikan adalah, upaya marjinalisasi tidak mampu menghapuskan praktik adat dan hukum adat secara keseluruhan. Ketiga kasus memperlihatkan hingga saat ini praktik multi sistem hukum di masyarakat plural seperti Indonesia masih diterapkan, baik dalam situasi konflik maupun berdampingan. Selain itu, dalam mendiskusikan implementasi hukum di Indonesia dari perspektif masyarakat, pembedaan sistem formal dan informal di masyarakat tetap diperlukan dan unifikasi hukum hanya berfungsi dalam batas tertentu.This paper attempts to see adat and adat law marginalizations, and the implications on adat peoples. In Indonesia, despite the recognition for adat peoples in the Constitution and formal rules, including adat institutions, in practice there has been a long-term marginalization. The inconsistent State’s policies towards the adat law application play a role in the marginalization of adat communities at various levels. Having field research in Ciptagelar, Karang and Guradog kasepuhan communities in western Java and legal pluralism perspective, this paper elucidates the lack of adat law recognition giving certain impacts on adat peoples, including on their social lives and livelihood. This study also proves that although adat law is not practically adopted by the State, in some cases, adat peoples find strategies to maintain their beliefs and adat law. Thus, in a broader context, the marginalization is unable to eliminate adat and adat law as a whole. To date the practice of multi-legal systems in a plural society, such as Indonesia, still takes place, both in conflict and coexistence. Moreover, in discussing Indonesia’s implementation of law from a community perspective, the distinction between formal and informal systems is still needed and legal unification only functions within certain limits


2021 ◽  
Vol 4 ◽  
Author(s):  
Tiina Laamanen ◽  
Veera Norros ◽  
Sanna Suikkanen ◽  
Mikko Tolkkinen ◽  
Kristiina Vuorio ◽  
...  

Environmental DNA (eDNA) and other molecular based approaches are revolutionizing the field of biomonitoring. These approaches undergo rapid modifications, and it is crucial to develop the best practices by sharing the newest information and knowledge. In our ongoing project we: assess the state-of-the-art of eDNA methods at Finnish Environment Institute SYKE; identify concrete next steps towards the long-term aim of implementing eDNA methods into environmental and biomonitoring; promote information exchange on eDNA methods and advance future research efforts both within SYKE and with our national and international partners. assess the state-of-the-art of eDNA methods at Finnish Environment Institute SYKE; identify concrete next steps towards the long-term aim of implementing eDNA methods into environmental and biomonitoring; promote information exchange on eDNA methods and advance future research efforts both within SYKE and with our national and international partners. Scientific background Well-functioning and intact natural ecosystems are essential for human well-being, provide a variety of ecosystem services and contain a high diversity of organisms. However, human activities such as eutrophication, pollution, land-use or invasive species, are threatening the state and functioning of ecosystems from local to global scale (e.g. Benateau et al. 2019; Reid et al. 2018; Vörösmarty et al. 2010). New molecular techniques in the field and in the laboratory have enabled sampling and identification of much of terrestrial, marine and freshwater biodiversity. These include environmental DNA (eDNA, e.g. Valentini et al. 2016) and bulk-sample DNA metabarcoding approaches (e.g. Elbrecht et al. 2017) and targeted RNA-based methods (e.g. Mäki and Tiirola 2018). The eDNA technique uses DNA that is released from organisms into their environment, from which a signal of organisms’ presence in the system can be obtained. For example, in aquatic ecosystems, eDNA is typically extracted from sediment or filtered water samples (e.g. Deiner et al. 2016), and this approach is distinguished from bulk DNA metabarcoding, where organisms are directly identified from e.g. complete biological monitoring samples (e.g. Elbrecht et al. 2017). Despite the demonstrated potential of environmental and bulk-sample DNA metabarcoding approaches in recent years, there are still significant bottlenecks to their routine use that need to be addressed (e.g. Pawlowski et al. 2020). Methods and implementati on The project is divided into three work packages: WP1 Gathering existing knowledge, identifying knowledge gaps and proposing best practices, WP2 Roadmap to implementation and WP3 eDNA monitoring pilot. Please see more details in the Fig. 1


2020 ◽  
pp. 187-201
Author(s):  
Erin Metz McDonnell

This chapter describes what happened to the positive cases in this study over the longer term. By examining the outcomes observed in the selected cases, the chapter sheds some speculative light on whether the bureaucratic ethos can survive the departure of the niche founder, and sketches a range of possible outcomes for whether niches can scale up or possibly even diffuse more broadly. However, because the cases studied so far in this work have been selected instead of being randomly sampled, they cannot definitively show what will happen or even what is likely to happen as pockets of effectiveness within the state mature. They do however, sketch a range of future outcomes that are possible, laying a foundation for future research to analyze the conditions under which particular long-term outcomes do or do not emerge. The cases collectively illuminate some of the promise and pitfalls of interstitiality as a force for organizational reform more broadly throughout the state.


2011 ◽  
Vol 9 (4) ◽  
pp. 892-893
Author(s):  
Steven L. Taylor

It is impossible to look at contemporary Latin America and not be struck by the prevalence of violence, whether in the form of drug cartels in Mexico, criminal gangs in Central America, the long-term conflict in Colombia, or urban violence in Brazil. Further, the headliners of violence from these locations obscure a more complex set of interactions that include not just traditional criminal elements but also various social actors and the state itself. This plural violence in the region is the focus of Violent Democracies in Latin America, the volume edited by Enrique Desmond Arias and Daniel M. Goldstein.


2021 ◽  
Vol 1 (1) ◽  
pp. 32-36
Author(s):  
Jati Nugroho

Article 18 B paragraph (2) of the 1945 Constitution explains that the state recognizes and respects the customary law community and their traditional rights as long as they are still alive. The purpose of macro-legal politics that accommodates written and unwritten laws is implemented in a variety of messo (intermediate) legal politics through various laws. During this time the recognition of the existence of customary law as a manifestation of recognition of legal pluralism for example in Agrarian Law is often ignored. Then it takes recognition of strong legal pluralism in supporting legal development in Indonesia regulated in Law no. 17 of 2007 concerning the National Long-Term Development Plan of 2005. with due regard to the plurality of applicable legal arrangements.  


The daunting objective for this chapter is to summarize issues which face the emerging specialty of psychiatric epidemiology, and to suggest broad directions for future research. Some of these have already been highlighted and we are grateful to contributing authors for providing their opinions as to the ‘state of play’, both in their own contributions and in communications solicited with respect to this chapter. Although the editorial team take responsibility for what is written here, we hope that it can be taken to reflect a wider body of opinion in this field. The issues raised are not intended to be exhaustive, although we hope that any specific omissions can be reasonably included within one or other of the broad themes identified. Psychiatric epidemiology is a relatively young research specialty. This creates both problems and opportunities. A problem is that it has ‘grown up’ heavily influenced by prevailing paradigms from other older fields—principally general epidemiology (regarding methodologies) and other areas of psychiatric research (regarding systems of classification and diagnosis). These are not automatically appropriate or helpful and may instead be a source for difficulties encountered in research. An advantage however for a young specialty is that it can perhaps more easily discard the trappings of tradition as it seeks to make its way in the world. Current issues will be considered under three broad headings. First, the need for new methodologies will be considered. Next, interfaces will be summarized both between psychiatric epidemiology and other specialties/agencies and within the specialty itself. Finally possible new directions for psychiatric epidemiology will be considered.


2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Rina Yulianti ◽  
Mufarrijul Ikhwan

Article 5 (1) of Law Number 48 Year 2009 concerning Judicial Power becomes ineffective if acentralistic ideology still working  in view of the judge. The type of study used in this researchwas a non-doctrinal legal studies (sociolegal research). Research conducted in the DistrictCourt and Religious Court in Madura based on the judges perception by meaning of article 5paragraph (1) law 48/2009 and justices consideration to verdict making process. The resultsshowing the judges majority interpret the Article 5, paragraph 1 Law 28/2009 to legaldiscovery (rechtsvinding) as an efforts if a legal vacuum, otherwise the judges did notinterpret used living law when there are legal gaps. Thus showing domination of the state lawover the law that lives in society. DOI: 10.15408/jch.v5i2.4190


Water ◽  
2019 ◽  
Vol 11 (3) ◽  
pp. 562 ◽  
Author(s):  
Oladipupo Bello ◽  
Adnan Abu-Mahfouz ◽  
Yskandar Hamam ◽  
Philip Page ◽  
Kazeem Adedeji ◽  
...  

Modern water distribution networks (WDNs) are complex and difficult to manage due to increased level of urbanization, varying consumer demands, ageing infrastructure, operational costs, and inadequate water resources. The management problems in such complex networks may be classified into short-term, medium-term, and long-term, depending on the duration at which the problems are solved or considered. To address the management problems associated with WDNs, mathematical models facilitate analysis and improvement of the performance of water infrastructure at minimum operational cost, and have been used by researchers, water utility managers, and operators. This paper presents a detailed review of the management problems and essential mathematical models that are used to address these problems at various phases of WDNs. In addition, it also discusses the main approaches to address these management problems to meet customer demands at the required pressure in terms of adequate water quantity and quality. Key challenges that are associated with the management of WDNs are discussed. Also, new directions for future research studies are suggested to enable water utility managers and researchers to improve the performance of water distribution networks.


Author(s):  
Amanda Lea Robinson

European colonialism in Africa was brief, lasting less than a century for most of the continent. Nevertheless, scholars have enumerated myriad long-term political effects of this brief period of colonial rule. First, Europeans determined the number, size, and shape of African states through their partition of the continent, with contemporary implications for state viability, strength, and legitimacy. Second, colonial rule influenced the nature of ethnic boundaries and their salience for politics through the use of indirect rule, language and labor policies, and the location of internal administrative boundaries. Third, colonial rule significantly shaped the nature of postcolonial state-society relations by divorcing the state from civil society during the colonial era and by engendering deep mistrust of the state as a benevolent actor. Fourth, many colonial institutions were preserved at independence, including the marriage of state institutions and customary rule, with deleterious effects. Fifth, differential colonial investments across communities and regions generated significant inequality, with continued political implications in the 21st century. The identification of these long-term effects has largely resulted from empirical comparisons across different forms of colonial rule, especially comparing territories administered by different colonial powers. Future research should move beyond this blunt approach, instead pursuing more disaggregated and nuanced measures of both colonial rule and its political legacies, as well as more scholarship on the long-term interaction between colonial and indigenous political institutions.


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