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ILSP lac Lal ks cg Nene Lest Conprttona. Divorce iN INDONESIA BY Hsako NAKAMURA Occasional Publications? July 2006 2006 bythe Ps allrant rs rite in the United Stat Asari kat anal Fallos a rv Clee ‘Thgatogy Library LAR SCHOO. OF THEOLOGY Clerémont, CA ‘The Islamic Legal Studies Program is dedicated to achieving excellence in the scudy of islamic law through objective and comparative methods. It socks te foster an atmosphere of open inguiry which em- braces many perspectives both Muslim and non-Mlus- lim. and to promote deep appreciation l Islamic haw 5 one of the werld’s ajar legal systen's. The inal focus of work at the Program is on Slam Lave im the comtemporary world. This fucus accommodates the many intersts and disciplines thet contribute to the study of Islamic law, incloding the study ofits writ- ings and history. rank Vogel Director esi Bearman ‘Associate Director Islamic Logal Studies Program: Harvard Lave School ‘Cambridge, MA vag8, USA Tek 617-496-3941 Fax: 6x7-996-2707 email ispAfaw faovard edu. Websire: btepstivwvclaw harvard edufprogramsilp ‘Table of Contents Preface ‘Text, by Hisato Nakamsira Endnotes Pretace This booklet presents a case study of « fascinating Jeysl development in modern Todonesia, which was introduced to Islan Urcough uradersin the thirteenth, sennury, lndonesic'’s embrace of Islam pechaps be- cause of the dinana: from the Islamic “homeland” of the Arabian Peninsula and che muliethnie and snullé-culural nar of its socety and cultare—led to Iam thought and prac «aniply demonstrate the inherent slexibility of Islamic law. This flexibility is nowhere more visible than in the ‘aseathand, which Prof lisako Nakamura developed. and explained tous during her sabbatical year at ILSP in 2004-2008. v6 in Indonesia that isako Nakarnura is Professor of Antaropology in the Faculty of international Stadis at Bunkyo University, Japan, She began her stds of Indonesia in the exrly 19708 when as a Young mother sli accompanied her Imustandl to Yogyakarta for his doctoral research, She is currently concentrating her studies on the devel- ‘opment of the serni-governmental BP- a body that provides marrage-,conllict-, and divorce-counseling, ‘As inclear from this paper, her work should be fallowed by all int ced in current developments of Tsauie faye in Indonesia, Tt was indeed a pleasuve and a privilege to have Prot [Nskamura with us fra year Bronk E, Voge) Director, Mamie Legal Seudies Programe Conditional Divorce in Indonesiar iso Nakaenura? cally alinast one hundeed percent lavanese und reli lously almost entirely Muslien At the time of my at- "vel, there was tle scholarly interes Tam in Java, ‘Mainstream Western scholarship had long regarded {slam as quite peripheral to Javanese society, Most of the ethnological licerature, coe Raffles classical wae lo that of Geertz, chought thal Islam did not penetrate very deep into the Javanese mind but only covered the surface of Javanese culture. In addition, during the 1g6ox and 19705, methodologically and theoretically, the idea of separating “geeat traditions” and "litle tratitiomsy"as coined by Raber: Redfield, was stil very influential in the fickd of anthtopology- To the study of complex societis with great civilizations such as Istonic sovities, anthropologists were nu required to deal with “geeat traditions” but to concentrate on. “le twaditions” Ie was assumed that the subject of ‘our research was comraon people at the grass-roots level whe had Iitile knowledge of aud concern forthe “great traditions” represented by religious texts. The textual stady of great traditions" wasa work for schal- ars in other disciplines, such as historians of religion ‘or studeats of comparative religion. Anthtopalogists ‘wore even advited to stay away from the study of reli- ons texas oat to be “contaminated” by textuel sdto jses, Knowledge of religious texts was coms potentilly"dislor!" our understanding ofthe religious pactice of ordinary peuple, and we vere supposed Lo be concentrating on andl coulenting ourselves with the aludy of contexts rather than texts, “This was especially sre for the anicopological study of Muslin societies ip non-Arab countries, inchnding, Indonesia. Even an elementary knowledge of Islarn was not included in standard ethnological courses on Indonesian societies taught at US. universities at that time. A typical case isthe famous The Religion of va, seritten by Clifford Goer. In this neu-classial work” in Javanese ethnography, the Quen is barely men- ‘ioned aud is nor quoted even once although Islamic identified a5 one ofthe three varvats of 8 Javanese religions outlook? lernents are ‘There was snotker intellectual abstacle thar made it difficatt at thctime to take ladanesian Islam seriously. ‘This was the idea of seeing valores or civilizations in terms of "center" and “periphery” "This idea as partly based upon the theory of "cukural dtfesion.” which was that 9 culture would necessarily be diluted and hesame loss pure when itspread from a cence lo remoteperipheral eras. in theexscof Islam, Indonesia ‘was very far ftom Meccs, the conser af shame civilize: tion, Hence Indonesian Tslam vas supposedly very far from authentic and tes pore, mived with non-Ialanic local clements, On this assomption, i was alten said that the Javanese Mustims were “nominal” Muslims, “synctetic® Muslims or “statistic” Muslims, and they condacted theresehs according to favarese customs Whicl had no relation to Islam. It wae whe assurced ‘hat Islamic echolarship embodied by lavanese Islamic scholars Culama’y was secondary and insignificant, deserving no serious inquiry In this academic atmosphere, Islam and Islamic law were quite remote iruin the concerns of antheopolo- ists. After the independence of Indonesia, an incteas- ing number of American anthropologists conducted fieldwork ia Java, Most of ther, however, paid litle attention ta the 2ole of islamic law in Javanese society even when they Were studying kinship and marriage, the field in which Islamic personal status aw wasstilin operation, Many anthmepologiss, therefore, explained Javanese local behavior in this field solely in terms of Tavenese culture, and produced sthnographies accotd- ingly, Among them, the most representative example ashe Jaurnese Faily written by Hildred Geertz ‘With such a background in anthropology and no training at all in Tslamie studies, 1 started to engage in iny oven research project on divorce amang ave ‘neve Masiens inthe field, It can be imagined that the roore I observed local people’ marital activities, the more I was confused. I was unable to digest my Bele dala. Gradually, I becarne skeptical about the idea of, separating “great” and “Kalle” traditions and about the approach of ignoring Islamic norms contained in religious texts in doing Muslin ethnography. My dala required an understanding of the application of, Isunic Iain socal zeaity. 1 was compelled ta study relevant [slarnc texlsthe Quu’an to start within order to analyze and appueciete ony own Field data, Hally, | delved imo the study of relevant sonces int Islamic lave Urough the books written and published in Eng- lish and Bahasa Indonesia becouse af my ignorance of Arabic, My conclusion vaas that Javanese customs of marriage and divorce were in Full conformity wich lelamic law and bad been implemented among, the Ince people for many centuries.” An thispaper, takean sample of"canditianal divorce” co ay atl generally lodonesian, Muslims have implemented ty show he Javanese, and owe and ieslitutionalized Igsmic law in the local contest in history as well as in contemporary sstuations. On ‘thebasis ofthe examination of this example, discuss its implications for dhe dichotomies of “teat vs. tle traditions” end “centers, periphery” in civilization, In addition, | mention the problems of adae, that is, eastomary lg" vs Islami Hae and igh? vs siya of Islamic jurisprudence vs. “poltey, governance, ad- sministration.” ‘The islamic conditional divorce, or ta'tig at-ralag nany culture the concept of marriage is deeply seated 1 the dssolution of marrige, Islam is no exception,