Suchergebnisse

In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari'a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class of lawyers. In the modern era, Shari'a courts have undergone radical changes in many countries. Modern Shari'a court judges are trained to find Islamic rules of a decision in ways that differ significantly from that of classical jurists. To varying degrees, these judges are also taught to apply Shari'a law in a manner similar to that of judges who apply non-religious law outside the Islamic court system. At the same time decisions are rendered in an environment in which litigants who appear before these judges are increasingly coming to be represented by lawyers who advise on questions of law and procedure, advocate for them and appeal cases. These differences in both training and professional practice affect the way in which the court engages with the Islamic tradition and thus affects the way that Islamic law is interpreted and applied. This article argues for new attention to be paid to the educational backgrounds and professional practice of the judges and lawyers who work in Shari'a courts to further our understanding of the practice of Islamic law in contemporary societies.

This book grew out of conversations among the three guest editors, Mark Cammack, Michael Feener, and Clark Lombardi, in the summer of 2008 about the general lack of attention among scholars of Southeast Asian Islam on important questions about the foundations of the region's Islamic legal structures. First, despite its evident importance, there has been little research on the process by which legislators and judges decide which interpretation of Islamic law will be formally applied by the state apparatus. Another important question that has been largely ignored by scholars concerns the qualifications of Islamic legal professionals. The three Southeast Asian states treated in this volume—Indonesia, Malaysia and Singapore—have separate systems of Islamic courts. Although the educational background of those who staff these courts will clearly inform the way they understand, interpret, and apply the law, to date little research has been done on the educational processes by which judges who serve on Islamic courts are trained to think about Islamic law. Studies on the means by which judges are appointed and regulated have also been lacking—even though the decision to favor one type of candidate surely affects the interpretation and application of Islamic law in the courts. Finally, lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state's official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking