Rule of Law, Adat Law and Sharia: 1901, 2001, and Monitoring the Next Phase

Abstract

Many in the West believe that sharia and rule of law as defined by international law are hard to reconcile. In his think piece, Otto argues that this view ignores developments and trends in many Muslim countries which point to a gradual rapprochement between sharia and rule of law. He also points out that many Western observers are insensitive to the fact that rule of law requirements can be met in non-Western ways. In this connection, Otto reminds his readers of Van Vollenhoven's monumental effort to map out and understand Indonesian adatrecht against the background of a Dutch colonial administration that was arrogant, incompetent and indifferent with respect to local laws and sharia. Otto concludes his piece by formulating an ambitious research-agenda for the Hague Journal on the Rule of Law with respect to rule of law and sharia.