Craving Bureaucracy: Marriage, Islamic Law, and Arab Petitioners in the Straits Settlements

British involvement in Muslim affairs in the Straits Settlements (Malacca, Penang and Singapore) was done at the behest of Muslim subjects in the colony. Arab Muslims, who were a minority in the region, exhorted British authorities to take charge of the administration of Muslim marriages and divorce...

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Détails bibliographiques
Auteur principal: Yahaya, Nurfadzilah 1980- (Auteur)
Type de support: Électronique Article
Langue:Anglais
Vérifier la disponibilité: HBZ Gateway
Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Publié: 2015
Dans: The Muslim world
Année: 2015, Volume: 105, Numéro: 4, Pages: 496-515
Accès en ligne: Volltext (lizenzpflichtig)
Volltext (lizenzpflichtig)
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Résumé:British involvement in Muslim affairs in the Straits Settlements (Malacca, Penang and Singapore) was done at the behest of Muslim subjects in the colony. Arab Muslims, who were a minority in the region, exhorted British authorities to take charge of the administration of Muslim marriages and divorces. In this way, authority was vested by these Muslims in colonial legal institutions. Instead of trying to wrest religious authority from the secular colonial power, petitioners essentially attempted to remove religious authority from the hands of Muslim qāḍis by granting more control to non-Muslim British colonial authorities. Though British authorities were initially reluctant to take on the mantle of administering legal lives of Muslim subjects who formed fifteen percent of the British Crown Colony, a petition in 1875 subsequently led to the application of legal codes and case law devised in British India in 1880 through the Mahomedan Marriage Ordinance that was brought into effect in 1882. This led to an unprecedented development in the administration of Islamic law in Southeast Asia. Thereafter, colonial legal practitioners relied heavily on this corpus of precedents and knowledge prepared by their predecessors in British India. Their conception of Islamic law was in other words based on a universal view of Islamic law, minimally affected by local understandings and customs. A universal view of Islam, coupled with centralized colonial bureaucracy suited the needs of highly mobile Arabs who traversed the Indian Ocean as they craved accountability on the part of legal administrators.
ISSN:1478-1913
Contient:Enthalten in: The Muslim world
Persistent identifiers:DOI: 10.1111/muwo.12108