Marital Property in California and Indonesia: Community Property and Harta Bersama

One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property and California community property are alike in another respect: Both are transplanted elements existing in foreign legal environments. Indonesian marital property is an indigenous Southeast Asian practice in an Islamic conceptual structure, while community property is a continental civil law institution in an Anglo-American common law system. In both cases, moreover, the conception of marriage that underlies the doctrine of joint marital property is out of harmony with the understanding of marriage reflected in the system\u27s treatment of marriage generally. This Article compares the process of incorporation of joint marital property in Indonesia and California. The results of this comparison contradict the assumption that sacred legal systems are inherently less capable of change and adaptation than secular systems. Focusing first on California, it is shown that a fully egalitarian system of joint marital property did not emerge until the 1970s, more than 100 years after the civil law doctrine of community property was formally adopted in the state constitution in 1849. In Indonesia, by contrast, the indigenous customary concept of marital property encountered relatively little resistance from Islamic authorities. By analogizing household economic production to a commercial partnership, Islamic jurists were able to embrace joint marital property by recasting the doctrine as an Islamic institution

Issues of Sovereignty in Wabanaki Communities and Impacts on Health Outcomes

The purpose of this capstone is to explore how Wabanaki communities of Maine experience sovereignty as it relates to the dominant culture of Maine and how this interaction has led to current health outcomes and disparities. I do this by examining how the communities view sovereignty and understanding how internalized anger impacts these communities

The Islamic Legal System in Indonesia

This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-level religious official called the penghulu acted as chair and was assisted by member judges chosen from the local religious elite. The courts were authorized to decide matrimonial and inheritance disputes, but execution of the courts’ decisions required an executory decree from the civil court. The system was expanded to south Kalimantan in the 1930s, but at the same time the jurisdiction over inheritance was transferred to the civil courts. At independence, the Islamic judiciary was placed under the authority of the Ministry of Religion, which used executive powers to expand the system to other parts of the country. It was not until 1989 with the passage of the Religious Judicature Act that the existence of the courts was guaranteed by statute. The 1989 Act also vested the courts with enforcement powers and mandated changes in the organization and staffing of the courts modeled after the parallel system of civil courts. The substantive jurisdiction of the courts has also been expanded to include inheritance cases as well as a so far little-used power to decide cases involving economic transactions based on Islamic law. In 2004, the administrative supervision of the Islamic judiciary was transferred from the Ministry of Religion to the Supreme Court. In 1999, the province of Aceh was granted special autonomy status that included the authority to enforce Islamic law in areas beyond the established jurisdictions of Shari‛a courts in the rest of the country. These developments add a new dimension to the institutional structures for the practice of Islamic law in the countr

Introduction by Guest Editors

This book grew out of conversations among the three guest editors, Mark Cammack, Michael Feener, and Clark Lombardi, in the summer of 2008 about the general lack of attention among scholars of Southeast Asian Islam on important questions about the foundations of the region’s Islamic legal structures. First, despite its evident importance, there has been little research on the process by which legislators and judges decide which interpretation of Islamic law will be formally applied by the state apparatus. Another important question that has been largely ignored by scholars concerns the qualifications of Islamic legal professionals. The three Southeast Asian states treated in this volume—Indonesia, Malaysia and Singapore—have separate systems of Islamic courts. Although the educational background of those who staff these courts will clearly inform the way they understand, interpret, and apply the law, to date little research has been done on the educational processes by which judges who serve on Islamic courts are trained to think about Islamic law. Studies on the means by which judges are appointed and regulated have also been lacking—even though the decision to favor one type of candidate surely affects the interpretation and application of Islamic law in the courts. Finally, lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lackin

Understanding the Logistics for the Distribution of Heme in Cells

[Image: see text] Heme is essential for the survival of virtually all living systems—from bacteria, fungi, and yeast, through plants to animals. No eukaryote has been identified that can survive without heme. There are thousands of different proteins that require heme in order to function properly, and these are responsible for processes such as oxygen transport, electron transfer, oxidative stress response, respiration, and catalysis. Further to this, in the past few years, heme has been shown to have an important regulatory role in cells, in processes such as transcription, regulation of the circadian clock, and the gating of ion channels. To act in a regulatory capacity, heme needs to move from its place of synthesis (in mitochondria) to other locations in cells. But while there is detailed information on how the heme lifecycle begins (heme synthesis), and how it ends (heme degradation), what happens in between is largely a mystery. Here we summarize recent information on the quantification of heme in cells, and we present a discussion of a mechanistic framework that could meet the logistical challenge of heme distribution

Electron transport components of the parasitic protozoon Giardia lamblia

AbstractThe energy metabolism of the intestinal parasite, Giardia lamblia, involves the iron-sulphur protein, pyruvate:ferredoxin oxidoreductase. Cell fractionation studies showed that this enzyme is associated with the membranes. NADH and NADPH dehydrogenases were found in both the membrane and cytosolic fractions. EPR spectroscopic studies showed the presence of iron-sulphur clusters in the membrane fraction and in the cytosolic fraction, non-sedimentable at 6 × 106g · min. An acidic, soluble protein fraction was separated from the cytosol. It had an EPR spectrum in the reduced state, characteristic of the 2[4Fe-4S] type of ferredoxin, with g-factors at 2.04, 1.93 and l .89. and the midpoint redox potential was estimated to be −360 mV. This species is probably a ferredoxin, like those of anaerobic bacteria such as Closlridium and Desiilfovihrio spp. and also that of Entamoeba histolytica. The protein was readily and irreversibly oxidized to give [3Fe 4S] clusters

Effects of Low-stress Weaning on Calf Growth Performance and Carcass Characteristics

The objective of this study was to compare the influence of two low-stress weaning methods with conventional weaning on post-weaning performance and carcass characteristics of beef steers