Islam, Law and the State in the Philippines

This book accounts for the development of Islam in the Philippines from a legal perspective, investigating Islam through the lens of the institutions of Islamic law.

This book investigates the development of Islam in the Philippines from a legal perspective, investigating Islam through the lens of the institutions of Islamic law.

Drawing on original fieldwork, including in Mindanao, this comprehensive book covers a wide range of topics, including Islamic leadership and authority (mufti, darul ifta, and fatawa); Islamic judges and dispute resolution in Islamic courts, and alternative forms of dispute resolution; legislative codification of Islamic law especially in private law (marriage and divorce); Islamic banking and finance; and madrasahs and Islamic education. The book also offers a comprehensive, detailed, and timely socio-legal analysis of controversies relating to Islam and the long-running conflict in the Southern Philippines as Moro communities struggle with the challenges of transition to the long-awaited Bangsamoro Autonomous Region of Muslim Mindanao. This is contextualised against the wider history and politics of the southern Philippines, from pre-colonial times to 2024. The authors offer a detailed and nuanced analysis based on primary documents, as well as an account of the existing literature in the field.

The book greatly enhances understandings of the social, political, and historical context of current developments in Islam in the Philippines. It will be of interest to researchers studying Islam and the administration of Islamic law, Malay Muslim communities in Southeast Asia, and the history and politics of the Philippines.

Autorentext

Tim Lindsey is Malcolm Smith Professor of Asian Law, Redmond Barry Distinguished Professor, and Director of the Centre for Indonesian Law, Islam and Society in the Law School of the University of Melbourne, where he completed PhD, LLB, B. Arts and B. Litt degrees. His more than 110 publications include Islam, Law and the State in Southeast Asia and he is an executive editor of The Australian Journal of Asian Law.

Kerstin Steiner is an Associate Professor in the Law School of La Trobe University and an Associate of the Asian Law Centre and Senior Associate of the Centre for Indonesian Law, Islam and Society, both at the University of Melbourne. She is an award-winning and widely published researcher examining the intersection of law, politics, economics, and society in Southeast Asia.

Inhalt

Chapter 1 Introduction: Governing the Muslim Minority - Islam, Law and Moro Resistance

Part I. The Moros and the Legacy of Colonialism

Chapter 2. Islam and the Moros under Colonial Law

Part II. Islamic Law After Independence

Chapter 3. Post-Independence Laws for Muslims and Moro Autonomy Initiatives

Part III. State Islamic Institutions

Chapter 4. Islamic Advisory Institutions: State and Non-state Actors

Chapter 5. The Shari'ah Courts

Chapter 6. Islamic Education

Chapter 7. Islamic Banking and Finance

Chapter 8. Conclusion