HUKUM ISLAM DAN HUKUM ADAT MASA KOLONIAL: SEJARAH PERGOLAKAN ANTARA HUKUM ISLAM DAN HUKUM ADAT MASA KOLONIAL BELANDA

Abstract

The paper is explaining a long history of the disturbance between customary law and Islamic law in Indonesia. At that time, the law was determined by the ruler. It means the ruler had a significant part in implementing the law’s system. This also happened when customary law and Islamic law was enforced in colonial era. At the time, the Dutch collided both of these law’s system (adatrecht vis a vis Islamrecht) intentionally for its political interest, such as keeping the power in their occupied land. The colonial government was trying to incite the Muslim majority againt’s the local culture. Although efforts caused fluctuation in society, but in fact couldn't separated of Islamic doctrine and customary law, because Islamic doctrine accommodated another culture, as long as, it isn't contradicted with the substantial of Islamic doctrine.