Law and Culture: 'Urf as a Substance of Islam Nusantara as Reflected in Indonesian Religious Court Decisions

DOI

10.2991/icclas-17.2018.37How to use a DOI?

Keywords

Urf; Islam Nusantara; religious court; local fiqh

Abstract

The aim of this study is to show the continuity of interaction between sharia and local living norms and culture as reflected in the Religious Court Decisions on Islamic Personal Law cases. From the beginning of its formative years, sharia and culture are interrelated closely. The specific terminology of amal ahl al-mad nah indicates that not all Islamic norms are derived directly from the scripture. But it is linked to the local practice and living norms, customs, and usage. The research is qualitative, using documents as source of data. The documents are consisting of some Indonesian Religious Court Decisions. The Court Decision (year 2000 onward) of Jember, Binjai, Kudus, Bandung, Watansoppeng, and Jakarta are analyzed. The result of the research shows the legal ideas of interpreting sharia must refer to the living norms embedded in the local wisdom and tradition. By doing such a method of reference, the decision is practical and fulfil the feeling of people justice. Thus, sharia, as indicated in the decisions is "local fiqh".

Copyright

© 2018, 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/).

Download article (PDF)

TY  - CONF
AU  - JM Muslimin
PY  - 2017/12
DA  - 2017/12
TI  - Law and Culture: 'Urf as a Substance of Islam Nusantara as Reflected in Indonesian Religious Court Decisions
BT  - Proceedings of the International Conference on Culture and Language in Southeast Asia (ICCLAS 2017)
PB  - Atlantis Press
SP  - 153
EP  - 156
SN  - 2352-5398
UR  - https://doi.org/10.2991/icclas-17.2018.37
DO  - 10.2991/icclas-17.2018.37
ID  - Muslimin2017/12
ER  -