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Fluid Jurisdictions - Colonial Law and Arabs in Southeast Asia (Hardcover)
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Fluid Jurisdictions - Colonial Law and Arabs in Southeast Asia (Hardcover)
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This wide-ranging, geographically ambitious book tells the story of
the Arab diaspora within the context of British and Dutch
colonialism, unpacking the community's ambiguous embrace of
European colonial authority in Southeast Asia. In Fluid
Jurisdictions, Nurfadzilah Yahaya looks at colonial legal
infrastructure and discusses how it impacted, and was impacted by,
Islam and ethnicity. But more important, she follows the actors who
used this framework to advance their particular interests. Yahaya
explains why Arab minorities in the region helped to fuel the
entrenchment of European colonial legalities: their itinerant lives
made institutional records necessary. Securely stored in
centralized repositories, such records could be presented as
evidence in legal disputes. To ensure accountability down the line,
Arab merchants valued notarial attestation land deeds, inheritance
papers, and marriage certificates by recognized state officials.
Colonial subjects continually played one jurisdiction against
another, sometimes preferring that colonial legal authorities
administer Islamic law-even against fellow Muslims. Fluid
Jurisdictions draws on lively material from multiple international
archives to demonstrate the interplay between colonial projections
of order and their realities, Arab navigation of legally plural
systems in Southeast Asia and beyond, and the fraught and deeply
human struggles that played out between family, religious,
contract, and commercial legal orders.
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