Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question.
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Library ResourcePublicación revisada por paresFebrero, 2013Malasia
Library ResourcePublicación revisada por paresNoviembre, 2013Malasia
Malaysia has declared its vision of developed country status by the year 2020. Much has been written about its top-down development approach, its relative economic success and the social as well as environmental costs of such approach. In 2011 and 2012 the Human Rights Commission of Malaysia (SUHAKAM) set into motion a national inquiry into the status of customary rights to land in the country. As part of the inquiry, a nationwide series of consultations was held over several months in 2012, culminating in formal public hearings in Peninsular Malyasia, Sarawak and Sabah.
Library ResourcePublicación revisada por paresNoviembre, 2014Malawi, Noruega, Estados Unidos de América
Based on government statistics and interviews with villagers across Malawi this article argues that customary matrilineal and patrilineal land tenure systems serve to weaken security of land tenure for some family members as well as obstructing the creation of gender-neutral inheritance of lands. Data from the National Census of Agriculture and Livestock 2007and the 2008 Population and Housing Census are used to characterize marriage systems and landholding patterns of local communities. Marriage systems correspond to customary land-tenure patterns of matrilineal or patrilineal cultures.
Library ResourcePublicación revisada por paresNoviembre, 2016Estados Unidos de América
Farmland ownership fragmentation is one of the important drivers of land-use changes. It is a process that in its extreme form can essentially limit land management sustainability. Based on a typology of land degradation and its causes, this process is here classified for the first time as an underlying cause which through tenure insecurity causes land degradation in five types (water erosion, wind erosion, soil compaction, reduction of organic matter, and nutrient depletion).
Library ResourcePublicación revisada por paresMayo, 2014África oriental
Pervasive food insecurity and poverty in much of the world drives vulnerable populations to harvest natural resources as a means of generating income and meeting other household needs. Wild edible plants (WEPs) are a particularly common and effective coping strategy used to increase socio-ecological resilience in Sub-Saharan Africa where agricultural systems are often sensitive to environmental perturbations and instability. WEPs are collected across the landscape, from agricultural areas to government-managed hilltops with varying degrees of success and legality.
Library ResourcePublicación revisada por paresEnero, 2016Kenya
The extent to which REDD+ initiatives should be a mechanism to address poverty and provide other co-benefits apart from carbon storage, is hotly debated. Here, we examine the benefit distribution policy and practice of a prominent REDD+ project in Kenya with the aim of understanding the extent to which it addresses equity.
Library ResourcePublicación revisada por paresFebrero, 2017África
Land tenure remains one of the most critical factors determining equity under REDD+, as we demonstrated through our previous article, ‘Roots of inequity: how the implementation of REDD+ reinforces past injustices”. Githiru responded to this paper, with some apparent challenges to both the empirical basis and theoretical arguments, that we had put forward.
Library ResourcePublicación revisada por paresFebrero, 2019República Centroafricana
Most of the land in sub-Saharan Africa is governed under various forms of customary tenure. Over the past three decades a quiet paradigm shift has been taking place transforming the way such landl is governed. Driven in part by adaptations to changing context but also accelerated by neo-liberal reforms, this shift has created a ‘new’ customary tenure in sub-Saharan Africa. This paper reviews some of the evidence and analyses the ways in which this neo-liberalisation of customary tenure has been transforming relations of production and how land is governed in sub-Saharan Africa.
Library ResourcePublicación revisada por paresNoviembre, 2016Global
Across the tropics, development banks and conservation donors are investing millions in property mapping and registration projects to improve accountability for deforestation. An evaluation of the effectiveness and accuracy of existing environmental registries is crucial to assure the success of future efforts. This study presents an evaluation of deforestation and registration behavior in response to one of the largest of these property registration programs to date — the Rural Environmental Registry (CAR) in the Amazonian state of Pará.
Library ResourcePublicación revisada por paresEnero, 2010Indonesia
Transforming a pluralistic tenure system into unified statutory rights has been a major objective of the development of property law in many developing countries. Many law and development scholars have assumed that unified land rights are a pre-condition to development and that a pluralistic tenure land system is a major source of uncertainty and insecurity. This article challenges this commonly held assumption by way of a case study of Indonesia's effort to unify the laws governing land.
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