Dialetic Between Islamic Law and Adat Law in the Nusantara: A Reinterpretation of the Terengganu Inscription in the 14th Century

2015 ◽  
Vol 3 (2) ◽  
pp. 293-312
Author(s):  
Ayang Utriza Yakin
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Pluralism ◽  
Social Classes ◽  
14Th Century ◽  
Alternative System ◽  
History Of ◽  
Adat Law

This article discusses the inscription found in Terengganu, which originated in the early XIV Century. The inscription documents the laws implemented by the rulers of the time. These texts reveal that the laws of this time came from two sources: Islamic law and customary (adat) law. In other words, the inscription indicates that legal pluralism was already in existence by the 14th Century. Adat law was the principle legal system in place, playing an important role in the archipelagic society at the time. However, there was an alternative system of Islamic law (e.g. stoning as a punishment for adultery) in place for lower social classes. This finding suggests that Islamic law was already in existence in the early 14th century—much earlier than the prevailing understanding of the history of Islamic law suggests. The article contributes by providing the new transliteration from Jawi into Latin characters and the new translation from old-Malay into modern English, which are arguably more accurate than the previous work.

Legal Pluralism in Colonial Lagos: The 1894 Petition of the Lagos Muslims to their British Colonial Masters

2012 ◽  
Vol 52 (1) ◽  
pp. 51-68 ◽  
Author(s):  
Philip Ostien ◽  
Abdul-Fatah 'Kola Makinde
Keyword(s):  
Islamic Law ◽  
Legal Pluralism ◽  
Legal Environment ◽  
History Of ◽  
British Colonial

AbstractThis paper is about metropolitan Lagos—under the British only a "township", though long Nigeria's capital. From early in its history the percentage of Muslims living in Lagos has been high, somewhere around fifty percent. There is a long history of attempts by activists among the Lagos Muslims, none yet successful, to persuade the authorities pro tem to establish Sharia Courts for the use of Muslims, to which they could take their civil matters for adjudication under Islamic law. After briefly introducing Lagos, we describe one of these attempts: the 1894 petition of the Lagos Muslims to their British colonial masters, and its outcome, paying particular attention to the pluralistic legal environment in which it was made. This early petition—or rather the facts that it was made, and that it failed, all context having been forgotten—lives on in the thinking of many Nigerian Muslims today as another example of British hostility to Islam, often held to be responsible for the failure of Islamic law to thrive in the predominantly Yoruba southwest of which Lagos is a part. This paper is an attempt to restore the context, and thus perhaps to help improve the analysis of the fate of Islamic law in Nigeria's southwest.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

Legal Pluralism in Muslim-Majority Colonies: Mapping the Terrain

2012 ◽  
Vol 55 (4-5) ◽  
pp. 637-663 ◽  
Author(s):  
Paolo Sartori ◽  
Ido Shahar
Keyword(s):  
Present Article ◽  
Legal System ◽  
Final Section ◽  
Islamic Law ◽  
Legal Pluralism ◽  
Special Issue ◽  
Customary Laws ◽  
Muslim Majority ◽  
Written Traditions ◽  
Pluralisme Juridique

Abstract This essay aims to provide some analytical foundations for the study of legal pluralism in Muslim-majority colonies. Specifically, we contend that the incorporation of Islamic law into the colonial legal systems should be distinguished from the process of integration and codification of oral customs. As Islamic law constitutes a well-established legal system, based on written traditions and on elaborate institutions of learning and adjudication, its incorporation into the colonial legal system carried with it a number of implications. These are discussed, as are the tripartite relations that often emerge in Muslim-majority colonies between statutory laws, Islamic, and customary laws (ʿādat, ʿurf). The final section of the essay aims to present the articles included in this special issue and to place them within this broad context. Le présent article vise à établir des fondements théoriques à l’étude du pluralisme juridique dans les colonies à majorité musulmane. Il insiste en particulier sur la nécessité qu’il y a à distinguer l’incorporation de la loi islamique aux systèmes juridiques coloniaux, du processus d’intégration et de codification du droit coutumier non écrit. La loi islamique constitue un système bien établi, fondé sur des traditions écrites et pourvu d’institutions de formation et d’exercice complexes. Son incorporation au sein du système juridique colonial a entraîné un certain nombre de conséquences spécifiques, qui sont analysées ici. Une attention particulière est en outre accordée aux relations triangulaires qui se font jour entre loi statutaire, loi islamique et droit coutumier (ʿādat, ʿurf) dans les colonies à majorité musulmane. Enfin, la dernière partie est consacrée à la présentation des articles réunis dans le numéro spécial dédié à ces enjeux.

scholarly journals Application of Islamic Law in the UK and Universal Human Rights

2020 ◽  
pp. 72-87
Author(s):  
Elham Manea
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Islamic Law ◽  
Middle Eastern ◽  
Legal Pluralism ◽  
Religious Groups ◽  
Universal Human Rights ◽  
Islamic Countries ◽  
British Case ◽  
The Uk

Should Islamic Law be introduced into Western legal system? At the heart of the issue is a debate on legal pluralism, which envisions a society where different laws apply to different religious groups. This paper explores question using the British case of Sharia Councils. Building on the author’s knowledge of the situation of women in Middle Eastern and Islamic countries, she undertook firsthand analysis of the Islamic Sharia councils and Muslim arbitration tribunals in various British cities. She offers a pointed critique of legal pluralism, highlighting the type of Islamic law being used and its human rights ramifications.

Islamic Law in a National Legal System: A Study on the Implementation of Shari'ah in Aceh, Indonesia

2008 ◽  
Vol 3 ◽  
pp. 1-26 ◽  
Author(s):  
Hasnil Basri Siregar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Central Government ◽  
National Policy ◽  
Legal Pluralism ◽  
National Government ◽  
Human Relationships ◽  
System A ◽  
National Legal System

AbstractThe implementation of shari'ah (Islamic law) in the province of Aceh in Indonesia was the consequence of a national policy of legal pluralism, effected in 2001 when the national government decided to give a special status and wide autonomy to this region. However, certain problems have arisen. One of these is whether the Islamic courts of justice have been conferred competence to deal with Islamic criminal law and if so, which judicial institution should deal with the matter. Another is the meaning and scope of mu'amalat law (the law dealing with human relationships). It also appears that the central government has permitted shari'ah to be implemented for political reasons.

scholarly journals Inheritance Laws in Indonesia

2017 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Irawaty Irawaty ◽  
Diyantari Diyantari
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Inheritance Law ◽  
Law System ◽  
The People ◽  
System 2 ◽  
Religious Nation ◽  
Civil Law System ◽  
Adat Law

Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s)  with the composition son(s) inherits two parts compared to daugther(s). Many people  mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?    

When Jurisprudence Becomes Law: How Italian Colonial Judges in Libya Turned Islamic Law and Customary Practice into Binding Legal Precedent

2012 ◽  
Vol 55 (4-5) ◽  
pp. 746-770 ◽  
Author(s):  
Claudia Gazzini
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Pluralism ◽  
Court Of Appeals ◽  
Legal Precedent ◽  
French Colonies ◽  
Local Law ◽  
Pluralisme Juridique ◽  
The Way

Abstract This paper considers the way in which Italian authorities introduced jurisprudence of the Court of Appeals as a source of law in Libya from 1911 to 1943. Aimed at resolving the tensions that resulted from the interplay between local customs, Islamic law, and the Italian legal codes, such a recourse to jurisprudence was a clear departure from Italy’s own code-based legal system. This judicial innovation was also a change from the practices introduced in British and French colonies, where the codification of a hybrid European-local law had become the norm. Divided into three parts—jurisprudence as source of law in Italy, its uses in the colonies, and jurisprudence in practice (through the analysis of the sentences on shuf ʿa, the customary right of pre-emption)—this article illustrates Italian jurisprudential law in Libya as an example of the theoretical problems and practical advantages of legal pluralism in a colonial context. Cet article examine comment les autorités italiennes ont introduit la jurisprudence émanant de la Cour d’appel en tant que source de droit en Libye de 1911 à 1943. Destiné à résoudre les tensions qui ont résulté de l’interaction entre les coutumes locales, le droit islamique et les codes juridiques italiennes, un tel recours à la jurisprudence était clairement une rupture avec le système basé sur les codes juridiques en usage en Italie. Cette innovation judiciaire était également différente des pratiques introduites dans les colonies britanniques et française, où la codification d’un hybride euro-locale était devenue la norme. Divisé en trois parties—la jurisprudence comme source de droit en Italie, ses utilisations dans les colonies, et la jurisprudence dans la pratique (à travers l’analyse des décisions sur le shuf ʿa, droit coutumier de préemption)—cet article illustre le droit jurisprudentiel italien en Libye comme un exemple des problèmes théoriques et des avantages pratiques du pluralisme juridique dans un contexte colonial.

scholarly journals Ahmad Ibrahim dan Sumbangannya dalam Perkembangan Islam di Malaysia

2021 ◽  
Vol 16 (1) ◽  
pp. 81-98
Author(s):  
Mohammad Hariz Shah Mohammad Hazim ShahMohammad Hazim Shah ◽  
Mohammad Hazim Shah
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Judicial Reform ◽  
Journal Articles ◽  
Educational Approach ◽  
Federal Constitution ◽  
Judicial Administration ◽  
Dynamic Landscape ◽  
History Of ◽  
Conference Papers

Ahmad Ibrahim was one of the key individuals who was responsible in developing the administrative legal system in Malaysia through judicial reform of the Sharia Court. Since colonial period, the Civil Court has been dominating the country’s legal system thus inhibiting the progress and contribution of Islamic law as well as limiting the jurisdiction of the Sharia Court. This article discusses the history of the Islamic law in Malaysia in the judicial administration context as well as analyses the achievement and development of the Sharia Court seen today as a result of the contributions and ideas conceived by Ahmad Ibrahim. This study uses the qualitative method by way of document analysis from books, journal articles, conference papers, newspaper excerpts and statutes such as the Federal Constitution, Acts, Enactments and related cases. The finding suggests that the modern and dynamic landscape of Malaysia Sharia Courts today is the result of Ahmad Ibrahim’s ideas and works through administrative, legal and educational approach which is organic and non-confrontational. This approach is indeed suitable and harmonious in the context of Malaysian multiracial and religious society.

scholarly journals Pluralisme Hukum Dalam Bingkai Masyarakat Madani: Masa Nabi dan Masa Kini

2020 ◽  
Vol 4 (2) ◽  
pp. 190-201
Author(s):  
Muhammadun Muhammadun
Keyword(s):  
Social History ◽  
Islamic Law ◽  
Legal Pluralism ◽  
The State ◽  
Direct Access ◽  
The Social ◽  
History Of ◽  
The Law

In the era of modernization, law is no longer understood as a norm system that binds every citizen. In practice, the law is controlled and supervised by the state through a number of regulations created and compiled by certain communities that have direct access to the state. This paper will explore more about the concept of legal pluralism that once applied in the social history of Islamic law, as well as describing cases of legal pluralism that were practiced during the time of the Prophet and also friends.

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