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/).
Cite this article
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 -