Sexual Desire,Piety, and Law in a Javanese Pesantren: Interpreting Varieties of Secret Divorce and Polygamy

Very little anthropological research has explored the polygamous worlds of women in Indonesia's traditional Islamic boarding schools known as pesantren. These traditional schools are patriarchal institutions that teach women to be ideal Muslims according to male-defined notions of shari'ah-based piety that construct polygamy as normative. This article challenges dominant discourses on polygamy, which are mostly concerned with public protest and feminist agendas that seek to have the practice banned, and instead reveals an agentive side of women in polygamous marriages. It examines the experiences of a group of pesantren women whose actions transgress state and Islamic laws on marriage and divorce in their endorsement of polygamous union and nikah batin (Sufi spiritual marriage). It builds on feminist arguments that recognise female agency in polygamy by considering the legal ambiguity surrounding secret and informal divorce and polygamous practices initiated by women restricted from obtaining legal divorces for socio-cultural reasons. In doing so, it further considers some aspects of a notion of a woman-centric polygamy that includes polyandry, which women create based on their understanding that Islam acknowledges women's sexual rights in marriage.     

‘Don't be so serious’: ethical play,Islam, and the transcendent

Modes of play and playfulness are central to ethics, yet have not been as rigorously considered by anthropologists as have more earnest forms of ethical life. In this article, I argue that attention to play reframes recent anthropological debates about ethical transcendence and immanence. I do so through a consideration of the Islamic discourse of ‘calculation’ (ḥisāb), an idiom by which Muslims articulate their hoped-for state in the hereafter through the imagery of a divine accounting of good and bad deeds. Drawing on ethnography from the Indonesian province of Aceh, I show how ḥisāb cultivates forms of epistemological play through which Muslims explore the inscrutability of transcendence. Such play reveals the socially and theologically emergent qualities of transcendent truths and values, suggesting hidden affinities between transcendent stances and more immanent forms of ethical life.     

ORGAN TRANSPLANTATION: CONTEMPORARY SUNNI MUSLIM LEGAL AND ETHICAL PERSPECTIVES

The problems that organ transplantation poses to the Muslim mind may be summarized as follows: firstly, a muslim believes that whatever he owns or possesses has been given to him as an amānah (trust) from Alla¯h. Would it not be a breach of trust to give consent for the removal of parts of one's body, while still alive, for transplantation to benefit one's child, sibling or parent? Secondly, the Sharā'ah (Islamic Law) emphasizes the sacredness of the human body. Would it not then be an act of aggression against the human body, tantamount to its mutilation, if organs were to be removed after death for the purpose of transplantation? In this paper I attempt to illustrate how the Muslim jurists have tried to resolve the dilemma of Muslims by providing them with certain guidlines based on the original sources of Islam, namely, the Qur'n and the Prophetic tradition. In order to assist the followers of other religious traditions to grasp the gravity of the problem posed by organ transplantation to the Muslim mind, I begin by discussing the opinions of Muslim jurists on the issue of utilization of human parts. Thereafter, I touch upon the resolutions taken by the various Islamic Juridical Academies on the issue in question. Finally, I shed light upon the inclusion of organ donation in a Muslim Will and the enforceable nature of such a will     

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico‐Legal Perspective

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico‐legal conceptual analogues for human rights and communal responsibility, ?uqūq al‐’ibād and far? al‐kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico‐legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico‐legal values might inform the discursive outputs of Muslim organizations.     

The idea is to change the state,not the 'conceptual' terminology

'Transnationalism', 'globalization', etc. have been adopted by the postmodern anthropologists as providing conceptual evidence for a world that defies understanding in historical, political economy, or structural, terms. Thus, for Dan Rabinowitz (2001) ERS 24(1) 'subjectivity' reigns, transnationalism displaces the state in analysis, and the Palestinian citizens of Israel are discussed as 'a trapped minority'. I critique Rabinowitz's essentialist subjectivity which denies the Palestinian citizens rational, objective, comprehension of their situation, while emphasizing the key role of Israeli statism, alongside the state's welfare and citizens' rights components, and show that our common future lies in our joint, Jewish-Arab, active opposition to Israeli external and internal militaristic-nationalistic policies.     

Dispossession in the Age of Humanity: Human Rights,Citizenship, and Indigeneity in the Central Kalahari

Over the past 50 years, the Central Kalahari region of Botswana became a site of struggles over land and resources rights, identity, citizenship, and indigeneity. The policies of the government of Botswana towards the San express the dominant Tswana perspectives on humanity and what is considered human. Since independence in 1966 the goals of the government of Botswana have been to sedentarise the San and to transform them into ‘modern’ citizens who live in villages, keep livestock, and engage in agriculture and business. In this paper I analyse the case of the people of the Central Kalahari Game Reserve and their battles over rights and recognition as citizens of Botswana and as human beings. I examine how the government's decisions to deny Central Kalahari residents their distinct rights to natural resources such as wildlife—in spite of High Court decisions in the San's favour—as well as rights to services and development shared by other citizens—are linked to the dominant Tswana understanding of humanity.     

Vaccination campaigns in postsocialist Ukraine: health care providers navigating uncertainty

Vaccination anxieties grew into a public health issue during the 2008 failed measles and rubella immunization campaign in Ukraine. Here I explore how health care providers bend official immunization policies as they navigate media scares about vaccines, parents' anxieties, public health officials' insistence on the need for vaccination, and their own sense of expertise and authority. New hierarchies are currently being renegotiated, and I follow health care providers as they attempt to parcel out their new position in the Ukrainian society and beyond. Public health control is reframed in a postsocialist context as a condition of acceptance into the European community as a sanitary democracy, and a contestation point between citizens and state. I untangle how relationships between citizens and states shape the construction of medical risk.     

Cosmopolitan theology: Fethullah Gülen and the making of a ‘Golden Generation’

Global conditions, under which an increasing number of Muslims in the world currently live, do not just generate idioms of purity often adduced to global Islam, but also new and diverse forms of sociability and notions of global citizenship. This article addresses, as an example in case, Hizmet, one of the fastest growing contemporary Islamic movements. Hizmet and its founder Fethullah Gülen propagate a global Islamic doctrine with explicitly cosmopolitan underpinnings. However, there seems to be a contradiction between the cosmopolitan inclusiveness and universality of Gülen's global message, and strong internal hierarchical structures and the disciplining modes of teaching and training that are applied by the movement to teach the doctrine. I will argue that there is no contradiction between these two aspects when we focus on the central position of ‘hermeneutics of the self’ and civic responsibility in Gülen's theology.     

The new monies of the startup world: Future-focused tech ventures as experiments in personal worth

The tech startup is a globally admired and emulated form of enterprise, celebrated for its capacity to turn lines of digital code into lean and lucrative businesses. Drawing on recent work in the anthropology of money, I argue that the tech startup's rise is not only leading people to pursue new ways of making money but also giving rise to new constructions of the character and value of money itself. The article follows two startup founders in Singapore – where technocratic state authorities actively encourage citizens to found startup ventures – over three years of developing and marketing their products and attempting to raise investment funds. I show how the founders’ conceptions of the monies at play in their ventures led them to stake not only their economic futures, but also the social and moral worth of their persons on their startup's success. Emerging startup sectors thus draw people into more far-reaching forms of self-experimentation than the discourses of entrepreneurial risk and economic reward that surround them let on.     

Like one of the family: race,ethnicity, and the paradox of US national identity

The tensions between individual rights promised to US citizens and group discrimination targeted against African Americans and similar racial/ethnic groups constitute one enduring paradox of US society. This essay examines this paradox by exploring how a gendered family rhetoric contributes to understandings of race and US national identity. Using African American women's experiences as a touchstone for analysis, the article suggests that African American women's treatment as second-class citizens reflects a belief that they are 'like one of the family', that is, legally part of the US nation-state, but simultaneously subordinated within it. To investigate these relationships, the article examines 1) how intersecting social hierarchies of race and ethnicity foster racialized understandings of US national identity; 2) how the gendered rhetoric of the American family ideal naturalizes and normalizes social hierarchies; and 3) how gendered family rhetoric fosters racialized constructions of US national identity as a large national family.     

Contesting Patrimony: Cusco's Mystical Tourist Industry and the Politics of Incanismo

The Peruvian state's neoliberal policies include its mission to modernize Peru through international tourism and foreign investment, and tourism promoters and politicians increasingly invoke Andean mysticism and Inca patrimony (or incanismo) as a marketing strategy. This paper argues that Cusqueño citizens invoke the same representations, with competing claims of authenticity and authority, as they construct their own versions of Incanist identification in populist movements against the state and its enforcement of the global neoliberal order, as well as in their attempts to survive in the tourist economy. In Peru, criticism of the tourist industry is often grounded in incanismo and seems to take aim at the neoliberal order. However, closer analysis reveals a more complicated set of relationships between resistance and liberalism. Friction emerges not because cultural identity is being commodified or inequalities persist, but because local desires for access to the market are frustrated by state and municipal agencies.     

A critical approach to the current understanding of Islamic scholars on using cadaver organs without prior permission

Chronic organ diseases and the increasing demand for organ transplantation have become an important health care problem within the last few decades. Campaigns and regulations to encourage people to donate organs after their death have not met much success. This article discusses the subject from an Islamic perspective. It begins with some basic information on how Muslims reach legal rulings on a particular issue, and goes on to debate contemporary thinking among Islamic scholars on the ethical-legal issues of organ donation and organ transplantation.
It is shown that there are two groups of scholars, one allowing organ donation and organ transplantation, the other refusing it in any circumstances. Both groups agree that it is fundamentally wrong to harvest organs from cadavers without the prior permission of the deceased or the relatives. This dogma is re-examined, and it is argued that, under the rule of necessity and the imperative to preserve life, there is enough moral and theological ground to allow the state to harvest organs from the deceased without prior permission.     

Autonomy is a Right,Not a Feat: How Theoretical Misconceptions have Muddled the Debate on Dynamic Consent to Biobank Research

Should people be involved as active participants in longitudinal medical research, as opposed to remaining passive providers of data and material? We argue in this article that misconceptions of ‘autonomy’ as a kind of feat rather than a right are to blame for much of the confusion surrounding the debate of dynamic versus broad consent. Keeping in mind two foundational facts of human life, freedom and dignity, we elaborate three moral principles – those of autonomy, integrity and authority – to better see what is at stake. Respect for autonomy is to recognize the other's right to decide in matters that are important to them. Respect for integrity is to meet, in one's relationship with the other, their need to navigate the intersection between private and social life. Respect for authority is to empower the other – to help them to cultivate their responsibility as citizens. On our account, to force information onto someone who does not want it is not to respect that person's autonomy, but to violate integrity in the name of empowerment. Empowerment, not respect for autonomy, is the aim that sets patient‐centred initiatives employing a dynamic consent model apart from other consent models. Whether this is ultimately morally justified depends on whether empowerment ought to be a goal of medical research, which is questionable.     

Uneasy translations: vernacularizing demography for post-Soviet statecraft

The article explores a series of professional development seminars for state bureaucrats in the context of the moral panic over Russia's ‘demographic crisis’. It follows the vernacularization of social knowledge for state bureaucrats – a central practice that marks these pedagogical engagements. The article explores this practice's potentialities and limitations for effectively communicating social knowledge to administrative audiences. It grounds itself in the theoretical discussions of expertise and demonstrates how vernacularizing social knowledge for post-Soviet statecraft shapes the social and political meanings of Russia's demographic crisis, investing state policies and discourses with authority.     

Good Muslim, Bad Muslim: A Political Perspective on Culture and Terrorism

The link between Islam and terrorism became a central media concern following September 11, resulting in new rounds of "culture talk. This talk has turned religious experience into a political category, differentiating 'good Muslims" from "bad Muslims, rather than terrorists from civilians. The implication is undisguised: Whether in Afghanistan, Palestine, or Pakistan, Islam must be quarantined and the devil must be exorcized from it by a civil war between good Muslims and bad Muslims. This article suggests that we lift the quarantine and turn the cultural theory of politics on its head. Beyond the simple but radical suggestion that if there are good Muslims and bad Muslims, there must also be good Westerners and bad Westerners, I question the very tendency to read Islamist politics as an effect of Islamic civilization—whether good or bad—and Western power as an effect of Western civilization. Both those politics and that power are born of an encounter, and neither can be understood outside of the history of that encounter. Cultural explanations of political outcomes tend to avoid history and issues. Thinking of individuals from "traditional" cultures in authentic and original terms, culture talk dehistoricizes the construction of political identities. This article places the terror of September 11 in a historical and political context. Rather than a residue of a premodern culture in modern politics, terrorism is best understood as a modern construction. Even when it harnesses one or another aspect of tradition and culture, the result is a modern ensemble at the service of a modern project. [Keywords: Muslims, culture talk, Islamist politics, political identities, terrorism]     

Islamic preaching and women’s spectatorship in West Java

In the urban villages of Bandung, the capital city of the Indonesian province of West Java, many Muslim women routinely attend between four and six oratorical and/or pedagogical events per week. This article analyses this participation by observing the forms and patterns of these women’s spectatorship, specifically observing their mobility, the interaction between their life‐cycles and their participation habits, the gendered embodiment of Islamic knowledge they display, the effect of hegemonic masculinities, and preaching performances which treat them not only as Muslims intent on increasing their Islamic knowledge, but also as pleasure‐taking subjects. The article concludes that the conduct and management of preaching events intended for mixed audiences are highly sensitive to women’s spectatorship and warns against the assumption that Islamic practice is a punishing sphere of patriarchy. In fact, when the influence of women’s spectatorship on the conduct and management of such preaching events is appreciated, West Java’s preaching events appear as a feminised domain.     

Claiming respectable American motherhood: homebirth mothers, medical officials, and the state

Based on ethnographic research regarding public policy and grassroots organizing for midwifery in Virginia, this article explores how medical discourses around appropriate health care practices intersect with state discourses about what practices are considered "respectable" versus "pathological" for its citizens. In recent legislative debates about the legalization of direct-entry midwifery, medical officials have extended their criticism of midwifery and homebirth to mothers who resist state-sanctioned childbirth practices. This article examines how medical officials challenge the respectable mothering practices of homebirthers by linking them with women they deem pathological--child abusers, negligent mothers, and drug users--and placing them outside the cadre of "normal" American mothers who acknowledge the "logical" and "natural" superiority of biomedical childbirth practices. I also address homebirth mothers' responses, which assert that their political advocacy for midwives is a respectable mothering practice because they are responsible citizens who desire what they deem the best care for their children.     

Muslim immigrants and religious group feelings: self-identification and attitudes among Sunni and Alevi Turkish-Dutch

Affective ratings of multiple religious (sub)groups (Muslims, Christians, Jews and non-believers, as well as Sunni, Alevi and Sjiit Muslims), the endorsement of Islamic minority rights and religious group identification were examined among Sunni and Alevi Turkish-Dutch participants. The findings show that both groups differ in important ways. Some Alevi participants considered themselves Muslims but others interpreted Alevi identity in a secular way. The Sunnis were quite negative towards Jews and non-believers, they more strongly endorsed Islamic minority rights and they had very high Muslim group identification. Furthermore, the Sunnis were negative towards Alevis and the Alevis were negative towards the Sunnis. Muslim group identification was positively and strongly related to feelings towards Muslims and to the endorsement of Islamic group rights.     

Standard of Care,Institutional Obligations,and Distributive Justice

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private‐for‐profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private‐for‐profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice‐based account of standard of care.