Wilayah Adat in High Carbon Landscapes Bid Conference, Jakarta, 15 October 2014 Why BERSAMA?

Total Page:16

File Type:pdf, Size:1020Kb

Wilayah Adat in High Carbon Landscapes Bid Conference, Jakarta, 15 October 2014 Why BERSAMA? 1 BERSAMA BERdayakan Sumber daya Alam Melalui masyarakat hukum Adat Bolstering the Environment through Recognition of the rightS Afforded to Masyarakat hukum Adat Preparation for the Recognition of Wilayah Adat in High Carbon Landscapes Bid conference, Jakarta, 15 October 2014 Why BERSAMA? International Grounding • Cancun Agreement • CBD X/33 on Forest Biodiversity National Policy Grounding • Presidential Decree 62/2013 • National REDD+ Strategy/Programme • PRISAI • MK 35/2013 • The National Programme on the Recognition and Protection of MHA (PPMHA) BERSAMA is part of Indonesia’s REDD+ Interim Phase portfolio. It was announced on 3 October 2014, and finalised in a progress meeting with partner ministries on 13 October 2014 at UKP4. 2 3 The National Programme for the Recognition and Protection of MHA Through REDD+ (PPMHA) • Lack of clarity over tenure rights adversely affects the rate of deforestation and forest degradation and peatlands; • The absence of legal certainty certainty over tenure makes it difficult for the effective implementation of REDD ; • The Government of Indonesia is committed to ensure REDD+ will: "provide benefits to the improvement of environmental services, biodiversity, and the welfare of local communities / MHA" (Article 2, Presidential Decree 62/2013 on BP REDD +). 4 BERSAMA DIRECTLY ENABLES PPMHA COMMITMENTS 4-6 Signatories have committed to, amongst others: 4. Support regional governments in the implementation of data recording of the presence of MHA and their areas through an inventory process and regional regulations; 5. Inventory and aim towards resolving various conflicts related to the presence of MHA and, at the same time, anticipate future potential conflicts to ensure legal certainty in the protection of rights for all citizens; 6. Implement integrated and just mapping and data recording of land control, ownership, and utilisation with attention given to land titles for the community including MHA; 5 Four BP REDD+ Facilities for PPMHA 1. National Trust Fund; 2. Information Centre; 3. Capacity building support;* 4. Communications and stakeholder engagement; 6 EXPECTED OUTCOMES OF BERSAMA 1. 3-5 Districts prepare for the recognition of wilayah adat by: a) Finalising district selection with BP REDD+; b) Conducting and completing a baseline assessment of local government and relevant stakeholders capacity in relation to preparation for wilayah adat; c) Inventory and map MHA and territorial claims in all selected districts through a participatory process; d) Identify/overly, using existing assessments of high carbon/biodiversity landscapes within proposed territories of MHA and document existing CBFM; e) Development and implement models of sustainable MHA forest management; f) Inventory existing conflicts involving MHA, and prepare documentation and representatives for conflict resolution processes g) Support drafting of relevant perda for MHA recognition 2. Develop relevant communications materials 1. Document and consolidate all implementation procedures for replication 7 Key Activities and Expected Outputs (1-3) Activity Expected Outputs 1. Finalisation of district -Determination of 3-5 districts for implementation selection and initial -Initial introductory engagement on wilayah adat, through introductory workshop workshops and meetings, with DPRD, Dinas, K. Bupati, K. for relevant stakeholders Gobernor, local organisations, CSOs, and the private sector as with BP REDD+ relevant 2. Conduct baseline -‘Report card’ on indicative district capacity and political will, assessment of local based on existing metrics (e.g. RAD-GRK, PGA data where government and MHA available), interviews with key local government staff, capacity and actions to community stakeholders, and relevant organisations date, if any, in relation to recognition of wilayah adat 3. Inventory, through -Documentation of all identified MHA territories within district participatory mapping, in line with SOP currently in development by BP REDD+ self-identifying MHA (incorporating SOP that is developing by BIG) groups and corresponding territories in proposed district 8 Key Activities and Expected Outputs (4-6) Activity Expected Outputs 4. Identify/Overlay, using -Documentation identifying high carbon landscapes within identified existing assessments of MHA territory above (Activity 2), with methodology for identification high carbon/biodiveristy clearly delineated landscapes within -Identification of high carbon landscapes and prospective areas proposed territories of MHA under eminent threat of conversion within proposed territory of MHA and document existing through community mapping and identification and referencing community-based forest existing district spatial plans (RTRWK (Rencana Tata Ruang management as relevant Wilayah Kabupaten)) and concessions inventory where available, -Identification of high biodiversity landscapes using existing assessments as relevant -Documentation of community-based forest management as relevant 5. Development and - Institutional set up for models for sustainable MHA forest implementation of model of management developed by BP REDD+, both for MHA forest Sustainable MHA Forest currently located within the national forest estate (kawasan hutan) Management and for MHA forests currently outside of the national forest estate (di luar kawasan hutan) -Implementation of models 6. Inventory of existing -Recording and transcript of statements from relevant MHA conflict involving MHA, and community members preparation for conflict -Completion of draft report of conflict(s), including maps of conflict resolution areas, for submission to Komnas HAM 9 Key Activities and Expected Outputs (7-10) Activity Expected Outputs 7. Explore possible support -This should be tied to the concessions/licensing review work for legal injunctions, cease and desist actions for halting continued conversion in cases of recognition in progress 8. Technical support for -Provision of support for perda regulating the process of identification perda development and recognition of MHA -Provision of support for specific perda recognizing particular MHA and their territories -Provision of inventory for reporting of MHA in indicative territory -Provision of support for verification process as requested -Public consultations on perda development as requested 9. Communications -Sound bites and short written inputs on project progress to be incorporated into public information dissemination 10. Consolidation and -Standard Operating Procedures and guidelines for preparation of documentation of steps and recognition of wilayah adat in high carbon landscapes processes used to prepare for recognition of wilayah adat for 1) full recognition and; 2) recognition in process 10 District Proposal Criteria • All districts must be located in the 11 priority REDD+ provinces, with those having signed MoUs with BP REDD+ preferredt: Aceh, Riau, West Sumatra*, Jambi, South Sumatra, West Kalimantan, Central Kalimantan*, East Kalimantan*, Central Sulawesi*, West Papua, and Papua • All districts should contain significant high carbon landscapes, where significance can be total size of relevant area, percentage of relevant area, or particularly significant eco-systems, particularly that under threat of imminent conversion • At least one district includes mapping of MHA to support conflict resolution in national parks in Kayan Mentarang and/or Kerinci Seblat; • At least one district should be one of the following eight districts currently participating in concession licensing audit in Central Kalimantan, East Kalimantan, and Jambi: • Jambi: (Merangin, Tebo, Muaro Jambi); • Central Kalimantan: (Kapuas, Kotawaringin Timur and Barito Selatan) • East Kalimantan: (Berau and Kutai Kartanegara). Finalization of district selection will be done by BP REDD+, in conjunction with relevant provincial governments 11 Please Provide AT LEAST the following information for EACH proposed district: • Basic overview of proposed district, including but not limited to total area, demographics, major industry or agricultural income, estimated total area of high carbon landscapes, major drivers of deforestation • Specific demographic information and overview of self-identifying masyarakat hukum adat including, as well as documentation of relevant community-based natural resource management practices; • Overview of actions to-date by MHA communities, local, national and international organisations, and other relevant stakeholders in actions and programmes related to recognition including, but not limited to, community mapping, advocacy with local and provincial officials, organizing capacity, actions related to wilayah adat to date • Overview of local government commitment and actions towards recognition of MHA and wilayah adat • Experience of Service Provider in proposed district 12 AFTER BERSAMA • Initial 3-5 of districts will be seamlessly integrated into Phase 2; successful districts will have prioritised access to green villages and green schools programmes • Criteria will be refined, and process will be replicated in further districts • e.g. Potential prioritisation of districts for access to green villages and green schools programmes if SKPD integrates preparation for wilayah adat; • BP REDD+ will provide technical support as requested and endeavour to support the transfer of knowledge from districts where wilayah adat has been successfully implemented to other districts 13 TERIMA KASIH / THANK YOU BERSAMA: Preparation for the Recognition of Wilayah Adat in High Carbon Landscapes Bid conference, Jakarta, 15 October 2014 .
Recommended publications
  • Policy Notes March 2021
    THE WASHINGTON INSTITUTE FOR NEAR EAST POLICY MARCH 2021 POLICY NOTES NO. 100 In the Service of Ideology: Iran’s Religious and Socioeconomic Activities in Syria Oula A. Alrifai “Syria is the 35th province and a strategic province for Iran...If the enemy attacks and aims to capture both Syria and Khuzestan our priority would be Syria. Because if we hold on to Syria, we would be able to retake Khuzestan; yet if Syria were lost, we would not be able to keep even Tehran.” — Mehdi Taeb, commander, Basij Resistance Force, 2013* Taeb, 2013 ran’s policy toward Syria is aimed at providing strategic depth for the Pictured are the Sayyeda Tehran regime. Since its inception in 1979, the regime has coopted local Zainab shrine in Damascus, Syrian Shia religious infrastructure while also building its own. Through youth scouts, and a pro-Iran I proxy actors from Lebanon and Iraq based mainly around the shrine of gathering, at which the banner Sayyeda Zainab on the outskirts of Damascus, the Iranian regime has reads, “Sayyed Commander Khamenei: You are the leader of the Arab world.” *Quoted in Ashfon Ostovar, Vanguard of the Imam: Religion, Politics, and Iran’s Revolutionary Guards (2016). Khuzestan, in southwestern Iran, is the site of a decades-long separatist movement. OULA A. ALRIFAI IRAN’S RELIGIOUS AND SOCIOECONOMIC ACTIVITIES IN SYRIA consolidated control over levers in various localities. against fellow Baathists in Damascus on November Beyond religious proselytization, these networks 13, 1970. At the time, Iran’s Shia clerics were in exile have provided education, healthcare, and social as Muhammad Reza Shah Pahlavi was still in control services, among other things.
    [Show full text]
  • Judging in God's Name
    Judging in God’s Name 153 Oxford Journal of Law and Religion , Vol. 3, No. 1 (2014), pp. 152–167 doi:10.1093/ojlr/rwt035 religious state, at least for the 60% of Malaysian Muslims who are subject to Published Advance Access August 14, 2013 such rules and regulations. 4 Likewise, if secularism is understood as the strict separation of religion from governance, Malaysia appears to be the antithesis of Judging in God’s Name: State Power, a secular state. Few would disagree that aspects of religion and governance are intertwined Secularism, and the Politics of Islamic law in contemporary Malaysia, but the simple secular-versus-religious dichotomy tends to obfuscate the ways that religious law is transformed as a result of in Malaysia incorporation as state law. The imposition of select fragments of fiqh (Islamic jurisprudence) should not be understood as the implementation of an ‘Islamic’ system of governance, or the achievement of an ‘Islamic state’, for no such TAMIR MOUSTAFA* ideal-type exists.5 Instead, Malaysia provides a textbook example of how core principles in usul al-fiqh (Islamic legal theory) are subverted as a result of state Malaysia ranks sixth out of 175 countries worldwide in the degree of state appropriation. 6 Malaysia thus provides an important opportunity to rethink the regulation of religion. The Malaysian state enforces myriad rules and regulations in relationship between the state, secularism, and the politics of Islamic law. the name of Islam and claims a monopoly on the interpretation of Islamic law. This study proceeds in three parts. First, I provide the reader with a brief However, this should not be understood as the implementation of an ‘Islamic’ system of governance or the realization of an ‘Islamic state’.
    [Show full text]
  • Will Decentralization Work for the People and the Forests of Indonesia?
    CHAPTER 7 CLOSER TO PEOPLE AND TREES: WILL DECENTRALIZATION WORK FOR THE PEOPLE AND THE FORESTS OF INDONESIA? Ida Aju Pradnja Resosudarmo Australian National University [email protected] or [email protected] Forthcoming in a special issue of the European Journal of Development Research Volume 16, Number 1, Spring 2004 Guest Editors: Jesse C. Ribot and Anne M. Larson Acknowledgments First prepared for the World Resources Institute Workshop on Decentralization and the Environment, Bellagio, Italy, 18-22 Feb, 2002. I am grateful to Anne Larson and Jesse Ribot for their extensive and detailed comments at various stages of the writing of this article. Comments from an anonymous reviewer were very helpful. Summary For over 30 years, Indonesia’s central government controlled its forests, the third largest area of tropical forests in the world. Driven by serious political, administrative, and economic demands for reforms, the central government has begun to decentralize, transferring new powers to the district and municipal levels. Decentralization in the forestry sector has included transferring income from permits, logging and reforestation fees, as well as the right for these lower levels of government to issue logging permits. This sudden, new access to Indonesia’s lucrative timber market has led local peoples and governments to rush to take advantage of a resource to which they previously had little right. The result has included the proliferation of permits with little regard for the effect on forest resources. Large areas, including some protected areas, are being destroyed and threatened with conversion to other uses. Local peoples, however, appear not to have been the ones receiving the primary benefits; they have been taken instead by those who have the required capital for permits and logging.
    [Show full text]
  • "A New Reading on Authority and Guardianship (Wilayah): Ayatollah Muhammad Mahdi Shamsuddin." Democratic Moments: Reading Democratic Texts
    Mavani, Hamid. "A New Reading on Authority and Guardianship (wilayah): Ayatollah Muhammad Mahdi Shamsuddin." Democratic Moments: Reading Democratic Texts. London: Bloomsbury Academic, 2018. 177–184. Bloomsbury Collections. Web. 27 Sep. 2021. <http:// dx.doi.org/10.5040/9781350006195.ch-023>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 27 September 2021, 16:47 UTC. Copyright © Xavier Márquez and Contributors 2018. You may share this work for non- commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. CHAPTER TWENTY-TWO A New Reading on Authority and Guardianship (wilayah): Ayatollah Muhammad Mahdi Shamsuddin Hamid Mavani Islam categorically rejects dictatorship because it always leads to oppression, persecution, and uprising.1 From the Islamic point of view, only the divine (most exalted), who has no partner or associate in His Lordship, Authority, and Guardianship (wilayah), has the right to govern and enjoy absolute rule. In essence, no human being has any right to rule over others. The rule and control of God is the only type of guardianship and authority that complies with human reason and intellect. Every mandate of authority and governance (hakimiyyah) for a human being requires a definitive proof. In its absence, therefore, no one has authority over another person, any other existent in the universe, or over nature, including over one’s own life and property. That these set limits cannot be transgressed is a fundamental principle under the subject of authority, as well as a matter that is well-established in jurisprudence and theology . 178 DEMOCRATIC MOMENTS [I]nvoking democracy while the infallible Imam is among us would be religiously unlawful, but .
    [Show full text]
  • Islam and the Rule of Law. Between Sharia and Secularization
    ISLAM AND THE RULE OF LAW BETWEEN SHARIA AND SECULARIZATION Birgit Krawietz Helmut Reifeld (Hrsg.) ISBN 978-3-938926-86-6 IM IM www.kas.de PLENUM CONTENT 5 | PREFACE Gerhard Wahlers 9 | INTRODUCTION Birgit Krawietz 17 | I. JUSTICE as A POLITICAL AND LEGAL ORGANIZING priNCipLE 19 | JUSTICE AS A POLITICAL PRINCIPLE IN ISLAM Werner Ende 35 | JUSTICE AS A PERVASIVE PRINCIPLE IN ISLAMIC LAW Birgit Krawietz 49 | II. CONSTITUTION BUILDING 51 | WAYS OF CONSTITUTION BUILDING IN MUSLIM COUNTRIES – THE CASE OF INDONESIA Masykuri Abdillah The published statements reflect the opinion of their authors, 65 | WHERE IS THE “ISLAM” IN THE “ISLAMIC STATE”? but not institutional positions of Konrad-Adenauer-Stiftung. Farish A. Noor © 2008, Konrad-Adenauer-Stiftung e.V., Sankt Augustin/Berlin 71 | THE INFLUENCE OF RELIGIOUS CLAUSES ON All rights reserved. CONSTITUTIONAL LAW IN COUNTRIES WITH AN No part of this publication may be reproduced or utilised in any form or by any ISLAMIC CHARACTER means, electronical or mechanical, without permission in writing from the Naseef Naeem publisher. Design: SWITSCH Kommunikationsdesign, Köln. 81 | THE SUDANESE INTERIM CONSTITUTION OF 2005 – Cover photo: (c) Das Bild des Orients, www.das-bild-des-orients.de A MODEL TO ESTABLISH COEXISTENCE BETWEEN AN Photographer: Joachim Gierlichs, 2003. ISLAMIC AND A SECULAR LEGAL REGIME Translation of German statements: WB Communication, Germersheim. Printed by Druckerei Franz Paffenholz GmbH, Bornheim. Markus Böckenförde Printed in Germany. Printed with the financial support of the Federal Republic of Germany. ISBN 978-3-939826-86-6 5 PREFACE 91 | III. reLIGIOUS versUS seCULar LAW? 93 | ISLAM, CONSTITUTION, CITIZENSHIP RIGHTS For the Konrad-Adenauer-Stiftung, strengthening and devel- AND JUSTICE IN MALAYSIA oping structures that support the rule of law is one of the Norani Othmann most important objectives and elements of its global inter- national cooperation.
    [Show full text]
  • Pedagang Kaki Lima Di Wilayah Metropolitan Bandung, Masukan
    Informasi Kajian Permasalahan Sosial dan Usaha Kesejahteraan Sosial, Vol. 8 No. 3 September .2003 PEDAGANG KAKI LIMA DI WILAYAH METROPOLITAN BANDUNG, MASUKAN BAGI PEMBUATAN KEBIJAKAN (Street Vendors in Bandung Metropolitan Region, Inputs for Policy Making) Edi SUHARTO Abstract Peranan sektor informal diperkotaan dalam pembanguna menjadi isu penting dalam kebijakan. Di Indonesia evaluasi kebijakan sosial masih memfokuskan perhatian pada pertumbuhan dan dampak sektor informal terhadap lingkungan kota. Pertumbuhan pedagang kakil lima menjadi kontroversial karena terjadi konflik kepentingan antara kesempatan kerja dengan kepentingan publik. Artikel ini menyediakan informasi tentang faktor-faktor yang mempengaruhi pedagang kaki lima yang berguna bagi pembuat kebijakan di kota Bandung. Fokus bahasan terutama pada karakteristik mereka, alasan memilih profesi ini, dan lokasi bisnis yang disukainya. Kata Kunci: Informal Sector, Street Vendor, Policy making 1. INTRODUCTION so-called "urban informal sector" (UIS) is more diverse than the rural one and includes a vast and heterogeneous The informal sector is known by variety of economic activities through many different names according to which most urban families earn their different contexts and points of view. livelihoods. Variously referred to as the informal economy, unregulated economy, Activities of the urban informal unorganised sector, or unobserved sector in the public arena of cities are employment, to cite but a few of its titles, particularly apparent in street-based this sector typically refers to both trading, which is widely known as street economic units and workers involved in vendors or pedagang kakilima in local a variety of commercial activities and language. Although these street occupations that operate beyond the enterprises are mostly hidden from the realm of formal employment (Williams state for tax, they involve very visible and Windebank, 1998; Suharto 2002).
    [Show full text]
  • INDONESIA Property INVESTMENT GUIDE WELCOME Contents
    INDONESIA Property INVESTMENT GUIDE WELCOME Contents We are very glad to release the third issue of Investment Guide jointly with Welcome note Makes & Partners. The previous two publications in 2015 and 2017 had been a great benet to our foreign investor clients by guiding them to understand the property, legal and tax regulations in Indonesia. Section One Property Despite the Covid-19 pandemic crisis since early 2020, the Indonesian government remains strongly committed to sustain growth by focusing on Section Two new infrastructure, human capital development and structural reforms to Legal Requirements attract investment and scal support. With long-term condence and pent-up demand accumulating, Indonesia’s property market is also Section Three expected to recover gradually once a vaccine becomes widely available. Tax Information We hope that this updated publication will continue to be a great benet to our clients. Please do feel free Section Four to contact Knight Frank should we be able to assist Our Services you in your investment plan. Willson Kalip Country Head, Knight Frank Indonesia [email protected] Warm greetings to all. We at Makes & Partners are delighted to be working once again with Knight Frank for the 2021 edition of the Indonesia Property Investment Guide Book. The Indonesian legal landscape, in particular, on construction and real estate has been very dynamic and robust in the past years, providing for a Indonesia conducive environment to foreign and local investors alike. With our known Property Investment Guide market strength in property, construction and real estate laws, Makes & Team Partners is very pleased to share with you valuable and practical general Editor legal insights to take into consideration when crafting an informed decision Hasan Pamudji to invest in and/ or buy real property in Indonesia.
    [Show full text]
  • Federalism, the Geographic Location of Groups, and Conflict
    CISWorking Paper No 23, 2006 Published by the Center for Comparative and International Studies (ETH Zurich and University of Zurich) Federalism, the geographic location of groups, and conflict by Thomas Christin and Simon Hug University of Zurich Universität Zürich Federalism, the geographic location of groups, and conflict¤ Thomas Christinyand Simon Hugz CIS, IPZ, UniversitÄatZÄurich Paper prepared for presentation at the Annual Meeting of the American Political Science Association Philadelphia, August 31 - September 3, 2006 August 16, 2006 Abstract In the literature on civil conflicts federalism is often touted as a useful institution to address regional demands. Diversity in the groups present in a country is associated, however, also with a higher tendency for conflicts. In this paper we examine how the geographic distribution of groups across a country a®ects the ways in which federalism contributes to conflict reso- lution. Of tantamount importance in assessing these e®ects of federalism is whether particular types of distributions of groups across a territory makes the adoption of federal institutions more likely. ¤ This paper is related to the research project \Democratizing divided societies in bad neighborhoods," which is ¯nanced as part of the National Center for Competence in Research (NCCR) \Challenges to Democracy in the 21st Century" by the Swiss National Science Foun- dation. We thank Sunita Parikh for guiding us to badly needed data on India, and Jenna Bednar for helping us with the classi¯cation of federal countries. y Institut
    [Show full text]
  • 11 of 11 DOCUMENTS © 2011 Lexisnexis Asia (A Division of Reed Elsevier (S) Pte Ltd) the Malayan Law Journal View PDF Image LINA
    Page 1 11 of 11 DOCUMENTS © 2011 LexisNexis Asia (a division of Reed Elsevier (S) Pte Ltd) The Malayan Law Journal View PDF image LINA JOY v MAJLIS AGAMA ISLAM WILAYAH & ANOR [2004] 2 MLJ 119 ORIGINATING SUMMONS NO R2-24-30 OF 2000 HIGH COURT (KUALA LUMPUR) DECIDED-DATE-1: 18 APRIL 2001 FAIZA TAMBY CHIK J CATCHWORDS: Constitutional Law - Fundamental liberties - Right to religious freedom - Converting out of Islam - Extent of religious freedom to profess a religion of choice - Article 11(1) of Federal Constitution - Whether art 11(1) takes precedence over art 3(1) - Whether a Muslim bound by the Syariah laws on issues relating to conversion out of Islam Constitutional Law - Fundamental liberties - Right to religious freedom - Extent of religious freedom to profess a religion of choice - Article 11(1) of Federal Constitution - Whether to be read in isolation - Whether principle of harmonious construction applicable Islamic Law - Syariah Court - Jurisdiction - Apostasy - Whether Syariah Court seized with jurisdiction to hear on renunciation of Islam - Whether right to affirm or declare faith in another religion subject to Syariah laws Words and Phrases - 'Malay' - Definition of - Article 160(2) of Federal Constitution HEADNOTES: The plaintiff was born as a Muslim, she was brought up as a Muslim or her upbringing was conducted on the basis that she was a Muslim, she lived as a Muslim with her family and is commonly reputed to be a Muslim. The plaintiff's parents are both Malays. She had applied to the National Registration Department (NRD) to change her name from Azlina bte Jailani to Lina Lelani and in support stated, inter alia, that she intends to marry a person who is Christian.
    [Show full text]
  • The Destiny of Woman: Feminism & Femininity in Traditional Islam by Sanaa Mohiuddin B.A. in Classics, June 2007, Wellesley C
    The Destiny of Woman: Feminism & Femininity in Traditional Islam by Sanaa Mohiuddin B.A. in Classics, June 2007, Wellesley College A Thesis submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Master of Arts January 19, 2018 Thesis directed by Kelly Pemberton Associate Professor of Religion and Women’s, Gender, and Sexuality Studies © Copyright 2018 by Sanaa Mohiuddin All rights reserved ii Dedication To my parents, Drs. Mohammed & Sabiha Mohiuddin iii Table of Contents Dedication …………...……………………………………………………….………..…iii Note on Transliteration …………………………………………………………......….v Introduction …………………………………………………………………………..…1 Chapter I. Female Ontology in the Sacred Texts of Islam ...…………………………...…9 Chapter II. Modern Feminist Objectives …....……………………..………………….20 Chapter III. Traditionalist Critique ……………………………..……………………..28 Chapter IV. Theory vs Practice: Muslim Women’s Networks & Traditional Feminism ……………………...……..…....37 Chapter V. Equality vs Difference: Reflections on Femininity & Masculinity in Islam ...……………………..……………..43 Bibliography …………….…………………………………………………..….……..52 iv Note on Transliteration In this thesis, I have used a simplified Arabic-English transliteration system based on the International Journal of Middle East Studies that excludes most diacritical marks. I do not employ underdots for Arabic consonants or macrons for long vowels. However, I do use the symbol (’) for the medial and final positions of the letter hamza, and the symbol (‘) for the letter ayn. In order to allow Arabic words to be recognized more easily, I have not included assimilation of sun letters after the definite article. I have also standardized several recurring Arabic terms that do not appear in italics after their initial appearance, due to their frequent usage within English academic writing.
    [Show full text]
  • The Analysis of the Algerian Territorial Reconfiguration Perceptions and Methods; Case of the Municipalities of the Province of Tizi-Ouzou
    Chenane A., Hadjou L., Regional Science Inquiry, Vol. VIII, (3), 2016, pp. 37-46 37 THE ANALYSIS OF THE ALGERIAN TERRITORIAL RECONFIGURATION PERCEPTIONS AND METHODS; CASE OF THE MUNICIPALITIES OF THE PROVINCE OF TIZI-OUZOU Arezki CHENANE Maître assistant, Faculté des sciences Economiques, Commerciales et des Sciences de Gestion, UMMTO [email protected] Lamara HADJOU Maître de conférences, Faculté des Sciences Economiques, Commerciales et des Sciences de Gestion, UMMTO [email protected] Abstract The aim of this article is to examine the Algerian territorial reconfiguration perceptions and methods through the case of the municipalities of the wilayah of Tizi-Ouzou. In fact , the investigation that is based on almost direct entertainments and dealt with local actors has therefore allowed to highlight the current territorial division limits. Furthermore, the insufficiency of the criteria taken into account is emphasized by the delay in the decentralization process. Be based on these limits, we have drawn several possible scenarios of the territorial mesh evolution which may give birth to a participative and a permanent local development. Keywords: Perception, territorial configuration, municipalities, Algerian, scenarios JEL classification: H1, H7, O2 Introduction The size of a territory refers to a fairly wide geographical perimeter. Besides, the issue of the optimum size refers actually to fairly municipality dimension. Thus, this issue is raised with sharpness further to the implementation of decentralization in most countries where we regularly proceed with the expansion, the combination or with the restriction of the territorial communities size . This permanent backward and forward motion is interpreted as the impossibility to get an ultimate optimal and theoretical definition of a territory.
    [Show full text]
  • Print This Article
    Yuridika: Volume 34 No 2, May 2019 215 Volume 34 No 2, May 2019 DOI: 10.20473/ydk.v34i2.13588 Fakultas Hukum Universitas Airlangga, Jalan Dharmawangsa Dalam Selatan Surabaya, 60286 Indonesia, +6231-5023151/5023252 YURIDIKA Fax +6231-5020454, E-mail: [email protected] Yuridika (ISSN: 0215-840X | e-ISSN: 2528-3103) by http://e-journal.unair.ac.id/index.php/YDK/index under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 FAKULTAS HUKUM UNIVERSITAS AIRLANGGA International License. Article history: Submitted 22 September 2018; Accepted 14 March 2019; Available Online 1 May 2019 Liablity of the Parties of Condotel Management Contract Adrian Adhitana Tedja and Erni Agustin [email protected] Notary Office Swartana Tedja Abstract The increase of economic growth in Indonesia can not ignore the increasing growth of business in property by the Indonesia people. Investors does not only focus on doing business on land and landed house, but also the emergence of apartment and condominium answers the necessity towards the scarcity of land. Various form of property investment is offered, one of which is investment in the form of condotel. Condotel or condominium hotel is a new form of business in Indonesia without any specific regulation which regulates it. First, the definition of condotel is a form of high- rise building which can be owned separately and consist of joint land, joint property, and joint parts which is functioned as a hotel. These function as a hotel that needs condotel management contract to alter a regular apartment into a condotel. Condotel management contract is an innominate contract therefore it needed a further study to analyze its clauses, such as management obligation, profit sharing, duration, and discharge of contract.
    [Show full text]