Spatial Scales of Property: Custom, Islam, and Law in Aceh

DOI

10.2991/assehr.k.200306.226How to use a DOI?

Keywords

spatial scales, property, Islam and law, Aceh

Abstract

This paper considers the governance of property in Aceh and the effect of the tsunami disaster. In a complex social system, the mechanisms to ensure respect for property include contracts, coercion and coordination. Because these mechanisms cluster at spatial scales – such as households, neighborhoods and the state – there is a relationship between changes in scales of property governance as a result of catastrophe and alterations in proprietary bundles of rights. This was the case in Aceh after the tsunami disaster. Prior to the disaster in Aceh, certain types of “sticks” in the bundle of property rights tended to associate with particular scales of collective property governance. The disaster altered these spatial scales of governance in two significant ways. First, inheritance matters resolved informally within families became more likely to fall for determination at extended family or community levels of governance. Second, the application of systematic land titling introduced central government-based titling mechanisms that reduced the significance of unregistered future or co-ownership interests relative to registered rights of ownership. In these two respects, a perspective on property based on spatial scales of governance provides another way to consider the interaction of custom, Islam and law in pluralist cases such as Aceh.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Daniel Fitzpatrick
PY  - 2020
DA  - 2020/03/13
TI  - Spatial Scales of Property: Custom, Islam, and Law in Aceh
BT  - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
PB  - Atlantis Press
SP  - 271
EP  - 276
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200306.226
DO  - 10.2991/assehr.k.200306.226
ID  - Fitzpatrick2020
ER  -