This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.

The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

This volume examines both historical developments and contemporary expressions of blasphemy across the world. The transgression of religious boundaries incurs more or less severe sanctions in various religious traditions. This book looks at how religious and political authorities use ideas about blasphemy as a means of control. In a globalised world where people of different faiths interact more than ever before and world-views are an increasingly important part of identity politics, religious boundaries are a source of controversy. The book goes beyond many others in this field by widening its scope beyond the legal aspects of freedom of expression. Approaching blasphemy as effective speech, the chapters in this book focus on real-life situations and ask the following questions: who are the blasphemers, who are their accusers and what does blasphemy accomplish? Utilising case studies from Europe, the Middle East and Asia that encompass a wide variety of faith traditions, the book guides readers to a more nuanced appreciation of the historical roots, political implications and religious rationale of attitudes towards blasphemy. Incorporating historical and contemporary approaches to blasphemy, this book will be of great use to academics in Religious Studies and the Sociology of Religion as well as Political Science, Media Studies, History.

"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

This book explores theories of conflict and peacebuilding and applies them to case studies from the Asia Pacific region, seeking to shift attention to the inherency of conflict, the constant danger of re-emergence, and the need to establish mechanisms to resolve it. The authors argue that the central focus of peacebuilding should not be state-building per se, but rather the creation of effective mechanisms for peaceful resolution of both past and newly emerging conflicts. To do so, it is important to consider the entire process of creating peace, to contemplate the linkages between conflict, resolution, and post-conflict peacebuilding, rather than focus only on the period of institution-building.

Naẓar: Vision, Belief, and Perception in Islamic Cultures offers multiple perspectives on how the Islamic visual culture and aesthetic sensibility have been enabled and shaped by common conceptual tools, consistent socio-spatial practices, and unifying beliefs and moral parameters.

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.