ABSTRACT
This chapter focuses on the cultural expertise displayed by some judges in Islamic courts who interpret local cultural practices in light of gender rights. It outlines some key concepts of Muslim family law, lists the international covenants and explains the principle according to which local practices can be integrated into state law in Indonesia. The chapter surveys selected family cases in which judges in Islamic courts have applied cultural expertise in adopting local practices which were interpreted in the light of women's rights. In Indonesia, Islamic law was adopted in the 14th century following widespread conversion to Islam. In Islamic courts in Indonesia, some judges have engaged with judicial activism by using cultural expertise to integrate traditional practices into their judgements to uphold women's rights, thereby developing remarkable flexibility in interpretation of Islamic law. The significance of cultural expertise in cases mentioned in this chapter is potentially far-reaching because judges often run into conflicting rights and conflicting sources of law.
