Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law
This study explores the transintegration of customary law and Islamic law in Jambi in the context of history and culture. With a descriptive qualitative approach, this study uses data collection methods: in-depth interviews with traditional figures, ulama, and the community, field observations, and...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Faculty of Law, Universitas Muslim Indonesia
2024-06-01
|
| Series: | Substantive Justice International Journal of Law |
| Subjects: | |
| Online Access: | https://www.substantivejustice.id/index.php/sucila/article/view/296 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849394663573684224 |
|---|---|
| author | Subhan Subhan Fuad Rahman Albert Alfikri |
| author_facet | Subhan Subhan Fuad Rahman Albert Alfikri |
| author_sort | Subhan Subhan |
| collection | DOAJ |
| description | This study explores the transintegration of customary law and Islamic law in Jambi in the context of history and culture. With a descriptive qualitative approach, this study uses data collection methods: in-depth interviews with traditional figures, ulama, and the community, field observations, and analysis of historical documents and related legal regulations. Data analysis techniques are carried out by identifying patterns, themes, and changes in the relationship between customary law and sharia. The study results indicate that the integration of customary law and sharia in Jambi has been going on since the time of the Jambi Sultanate, with the important role of figures such as Datuk Orang Kayo Hitam. In family law, Jambi customs accommodate sharia principles such as the prohibition of marrying siblings, although there are differences in specific customary rules. In criminal law, the application of qisas is adapted into customary fines, reflecting an effort to compromise sharia values in the structure of customary law. The challenges of modernization and plurality create dynamics in maintaining the principle of "custom is based on syarak, syarak is based on the Book of Allah". The majority of the community supports preserving customary law that is in line with Islamic values. This study emphasizes the importance of inclusive dialogue between traditional leaders, religious scholars, and the younger generation to ensure the relevance of customary law integrated with Islamic values. |
| format | Article |
| id | doaj-art-46dc60e6ddbf4e4d85826d19b36ac884 |
| institution | Kabale University |
| issn | 2599-0462 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Faculty of Law, Universitas Muslim Indonesia |
| record_format | Article |
| series | Substantive Justice International Journal of Law |
| spelling | doaj-art-46dc60e6ddbf4e4d85826d19b36ac8842025-08-20T03:39:54ZengFaculty of Law, Universitas Muslim IndonesiaSubstantive Justice International Journal of Law2599-04622024-06-0171708310.56087/substantivejustice.v7i1.296264Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural LawSubhan Subhan0Fuad Rahman1Albert Alfikri2Universitas Islam Negeri Sulthan Thaha Saifuddin JambiUniversitas Islam Negeri Sulthan Thaha Saifuddin JambiUniversitas Malikussaleh AcehThis study explores the transintegration of customary law and Islamic law in Jambi in the context of history and culture. With a descriptive qualitative approach, this study uses data collection methods: in-depth interviews with traditional figures, ulama, and the community, field observations, and analysis of historical documents and related legal regulations. Data analysis techniques are carried out by identifying patterns, themes, and changes in the relationship between customary law and sharia. The study results indicate that the integration of customary law and sharia in Jambi has been going on since the time of the Jambi Sultanate, with the important role of figures such as Datuk Orang Kayo Hitam. In family law, Jambi customs accommodate sharia principles such as the prohibition of marrying siblings, although there are differences in specific customary rules. In criminal law, the application of qisas is adapted into customary fines, reflecting an effort to compromise sharia values in the structure of customary law. The challenges of modernization and plurality create dynamics in maintaining the principle of "custom is based on syarak, syarak is based on the Book of Allah". The majority of the community supports preserving customary law that is in line with Islamic values. This study emphasizes the importance of inclusive dialogue between traditional leaders, religious scholars, and the younger generation to ensure the relevance of customary law integrated with Islamic values.https://www.substantivejustice.id/index.php/sucila/article/view/296cutomary lawislamic lawtransintegration lawhistory lawlegal culture |
| spellingShingle | Subhan Subhan Fuad Rahman Albert Alfikri Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law Substantive Justice International Journal of Law cutomary law islamic law transintegration law history law legal culture |
| title | Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law |
| title_full | Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law |
| title_fullStr | Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law |
| title_full_unstemmed | Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law |
| title_short | Transintegration of Customary Law and Sharia: Lesson from Historical Law and Cultural Law |
| title_sort | transintegration of customary law and sharia lesson from historical law and cultural law |
| topic | cutomary law islamic law transintegration law history law legal culture |
| url | https://www.substantivejustice.id/index.php/sucila/article/view/296 |
| work_keys_str_mv | AT subhansubhan transintegrationofcustomarylawandsharialessonfromhistoricallawandculturallaw AT fuadrahman transintegrationofcustomarylawandsharialessonfromhistoricallawandculturallaw AT albertalfikri transintegrationofcustomarylawandsharialessonfromhistoricallawandculturallaw |