Efnisyfirlit

• Half-title
• Title
• Copyright
• Dedication
• Contents
• Illustrations
• Figures
• Map
• Tables
• Acknowledgments
• Glossary
• Part 1 Village repertoires
• 1 Law, religion, and pluralism
• Repertoires of reasoning
• Justification and social norms
• Islamic sociolegal reasoning
• The possibility of Islamic public reasoning
• Indonesian pluralism
• Adat and community
• Shari’a and jurisprudence
• The boundaries of state law
• Re-understanding Islam
• Studying multilevel phenomena
• 2 Adat’s local inequalities
• Disentangling norms in practice
• “Legal pluralism” recognized
• A necessary subterfuge
• Engendered inequalities in Isak
• The elder brother’s power
• Use-rights versus the army
• 3 Remapping adat
• Person, place, and property
• The creation of “adat law”
• Islam only when “received”
• Adat, revolution, autonomy
• A national adat?
• Judges and justice
• Adat as “not-the-state”
• Part 2 Reasoning legally through scripture
• 4 The contours of the courts
• Islam as displacement
• A tale of two courts
• The settings
• The social movement of judges
• Jurisdiction and procedure
• Women against men in the courts
• 5 The judicial history of “consensus”
• Delicate judicial politics, 1945–1960s
• Caught between norms
• The struggle for recognition
• Fluid boundaries
• Affirming consensus in the 1960s
• Avoiding conflict over norms
• Inventing adat
• Inspecting consensus: the assumptions behind the decisions
• Double-voiced claims
• Aman Nurjati’s lands once more
• Hierarchy and economy since the 1970s
• Money and movement
• An Islamic critique of marriage
• Suspecting consensus: the Islamic court in the 1990s
• 6 The poisoned gift
• Gifts contra fairness
• Suspected coercion
• The apple of discord
• Limiting the gift: a step backwards?
• Narrative structure and the Supreme Court’s justification
• Fairness and agreement as social norms
• Inheritance and Islam in Minangkabau society
• 7 Historicizing scripture, justifying equality
• Fairness across gender and generations
• The fiqh of ‘Umar
• Epistemology and narrative style
• Fairness as God’s asymptote
• Must women receive half?
• The hypocrisy of the ulama
• The textual limit to reinterpretation
• Contextualizing in practice
• Part 3 Governing Muslims through family
• 8 Whose word is law?
• Islam and/in the state?
• The Jakarta Charter
• Courts out of balance
• Controlling marriage
• Is marriage religious or secular?
• What makes a marriage valid?
• Two views of legal uniformity
• Positivizing shari’a
• Top-down “consensus”
• Contesting ijma’?
• The plight of orphaned grandchildren
• May daughters inherit all?
• 9 Gender equality in the family?
• Towards equal agency in divorce
• Equivalent categories
• Divorce initiated by women
• Divorce by ransom
• Moral discourses of divorce
• Creating “marital property”
• When does wealth begin?
• Turning practice into Islamic law
• Difficulties of proof
• Equality and polygamy?
• 10 Justifying religious boundaries
• Separating by fatwa
• Shari’a in Aceh
• Pigs and enzymes
• Conversion and Christmas
• Freedom of religion: choice or boundary-maintenance?
• Policing intermarriage
• Tightening the rules
• State–marriage–religion
• Marriage according to what religion?
• 11 Public reasoning across cultural pluralism
• Irreducible pluralism
• Elements of Indonesian public reasoning
• Political theory and cultural pluralism
• Liberal political theory
• Creating a modus vivendi
• Taking account of internal debates
• References
• Index