{"title":"从多元团结到文化战争?亚齐妇女对阿达特、伊斯兰教和国家继承法的掌控","authors":"Sita Hidayah","doi":"10.1016/j.wsif.2024.102881","DOIUrl":null,"url":null,"abstract":"<div><p>This article explores “Asian values” and conflicts purported by normative pluralism in Asia from an anthropological approach. Instead of a zero-sum narrative of culture wars, this article proposes a narrative of social order through public reasoning that takes value plurality into account. This article contextualizes the concept of value in a specific social and cultural context as a query to the abstract, homogenizing nature of the concept itself. What happens when religious and state civil laws prescribe certain family values and behaviors, but the same values and behaviors are nonetheless culturally unjustified? This article is based on an anthropological analysis of Muslim women's perspectives in Banda Aceh. The study of inheritance law aims to provide a forum for evaluating legal engagements in a culture characterized by competing and contradictory values, such as in Aceh. The Acehnese hold legal pluralism: <em>Adat</em>, Shari'a, and state civil laws. Acehnese's choices of <em>Adat</em>, Shari'a, or civil laws are influenced by her social relationships and belongings. From an Acehnese standpoint, no single law has complete control over what is good and improper about inheritance. What is clear from the Aceh context is that the state is not the sole provider and protector of rights and justice. Aceh people use the state law and Shari'a law as a last resort when parties with no mutual interest have conflicting claims regarding inheritance. Further, the Acehnese promote public reasoning in which the plurality of laws are valued equally and one's coercion is consistent with one's respect for others.</p></div>","PeriodicalId":47940,"journal":{"name":"Womens Studies International Forum","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From unity in diversity to culture wars? Aceh women's mastery over Adat, Islam, and the state inheritance laws\",\"authors\":\"Sita Hidayah\",\"doi\":\"10.1016/j.wsif.2024.102881\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>This article explores “Asian values” and conflicts purported by normative pluralism in Asia from an anthropological approach. Instead of a zero-sum narrative of culture wars, this article proposes a narrative of social order through public reasoning that takes value plurality into account. This article contextualizes the concept of value in a specific social and cultural context as a query to the abstract, homogenizing nature of the concept itself. What happens when religious and state civil laws prescribe certain family values and behaviors, but the same values and behaviors are nonetheless culturally unjustified? This article is based on an anthropological analysis of Muslim women's perspectives in Banda Aceh. The study of inheritance law aims to provide a forum for evaluating legal engagements in a culture characterized by competing and contradictory values, such as in Aceh. The Acehnese hold legal pluralism: <em>Adat</em>, Shari'a, and state civil laws. Acehnese's choices of <em>Adat</em>, Shari'a, or civil laws are influenced by her social relationships and belongings. From an Acehnese standpoint, no single law has complete control over what is good and improper about inheritance. What is clear from the Aceh context is that the state is not the sole provider and protector of rights and justice. Aceh people use the state law and Shari'a law as a last resort when parties with no mutual interest have conflicting claims regarding inheritance. Further, the Acehnese promote public reasoning in which the plurality of laws are valued equally and one's coercion is consistent with one's respect for others.</p></div>\",\"PeriodicalId\":47940,\"journal\":{\"name\":\"Womens Studies International Forum\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2024-02-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Womens Studies International Forum\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0277539524000190\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"WOMENS STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Womens Studies International Forum","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0277539524000190","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"WOMENS STUDIES","Score":null,"Total":0}
From unity in diversity to culture wars? Aceh women's mastery over Adat, Islam, and the state inheritance laws
This article explores “Asian values” and conflicts purported by normative pluralism in Asia from an anthropological approach. Instead of a zero-sum narrative of culture wars, this article proposes a narrative of social order through public reasoning that takes value plurality into account. This article contextualizes the concept of value in a specific social and cultural context as a query to the abstract, homogenizing nature of the concept itself. What happens when religious and state civil laws prescribe certain family values and behaviors, but the same values and behaviors are nonetheless culturally unjustified? This article is based on an anthropological analysis of Muslim women's perspectives in Banda Aceh. The study of inheritance law aims to provide a forum for evaluating legal engagements in a culture characterized by competing and contradictory values, such as in Aceh. The Acehnese hold legal pluralism: Adat, Shari'a, and state civil laws. Acehnese's choices of Adat, Shari'a, or civil laws are influenced by her social relationships and belongings. From an Acehnese standpoint, no single law has complete control over what is good and improper about inheritance. What is clear from the Aceh context is that the state is not the sole provider and protector of rights and justice. Aceh people use the state law and Shari'a law as a last resort when parties with no mutual interest have conflicting claims regarding inheritance. Further, the Acehnese promote public reasoning in which the plurality of laws are valued equally and one's coercion is consistent with one's respect for others.
期刊介绍:
Women"s Studies International Forum (formerly Women"s Studies International Quarterly, established in 1978) is a bimonthly journal to aid the distribution and exchange of feminist research in the multidisciplinary, international area of women"s studies and in feminist research in other disciplines. The policy of the journal is to establish a feminist forum for discussion and debate. The journal seeks to critique and reconceptualize existing knowledge, to examine and re-evaluate the manner in which knowledge is produced and distributed, and to assess the implications this has for women"s lives.