Sejarah Hukum Islam Nusantara abad XIV-XIX M. (History of Islamic Law in Indonesia and Malaysia in the XIV-XIX centuries)

Yakin, Ayang Utriza [UCL]

Prior to Islam, the law in Nusantara (or the Maritime part of Southeast Asia), literally meaning ‘archipelago’, was heavily influenced by Hindu and Buddhist laws, and laws derived from Hinduism and Buddhism were absorbed into the local culture. These laws, which became intermingled with the local customs, formed the foundation for a later customary law. This ‘adat’ law was practiced daily by communities and tribes. The indigenous laws which were influenced by Hindu-Buddhism were applied until the new religion came. The arrival of Islam in Nusantara (which comprises Indonesia, Malaysia, Singapore, Southern Thailand and the Southern Philippines) gradually replaced the governing law of society at that time. However, Islamic law did not supplant all of the local customs and cultures immediately. This shows that Islamic law marked a new chapter in the legal culture of the Indonesian archipelago. The encounter between Islamic law and customary law reveals its own dynamics in the Indonesian-archipelago that created a relationship between them within the newly-Islamized Nusantaran societies. First, Islamic law was neglected and customary law became the primary choice. Secondly, Islamic law only became an alternative to or option of customary law. Third, Islamic law was applied alongside customary law. Fourthly, Islamic law became the primary choice and reference, to the exclusion of customary law. Thus, the Islamic law of Nusantara is Islamic law that complies with the customary law and local culture of the Indonesian archipelago. This book, entitled ‘The History of Islamic Law in Nusantara from the XIV to XIX centuries’ illustrates this dynamic relationship.