Abstract

This article discusses the Dutch initiative in applying oath-taking as part of the procedure of the Dutch East Indies' Islamic court. This created a dilemma for local Muslim judges since Islamic tradition regards the oath procedure rather differently from that of Europeans. This application of an oath procedure epitomises the complex asymmetrical relationship between the Dutch colonial state and its Muslim subjects as it highlights not only the subjugation of Islamic law to the colonial state, but also the process of modernisation which produced different forms and practices in the Islamic court. The article draws on the writings and letters of the Dutch Orientalist, C. Snouck Hurgronje who was then advisor on native affairs for the Dutch colonial administration.

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