Disertasi Series: Abstrac of Disertasion Islamic Law and Custom Baduy, Kampung Naga and Marunda Pulo

Oleh: Abdurrahman Misno Bambang Prawiro

Abstract

Abdurrahman Misno Bambang Prawiro (2014): “Reception of Islamic Law On Indigenous Communities: Study of Legal Anthropology in Baduy, Kampung Naga, and Marunda Pulo”.

Four Theories Path of Islam into Nusantara that Theory of India, Persian, Arabia, and Theory of China. The first community to accept Islam is resident in the coastal areas of Sumatra, Java, Sulawesi, Kalimantan, Maluku and Nusa Tenggara. After that Islam preached to rural areas throughout the country are a consequence of their reception of Islamic law. However, the fact is not all Islamic law accept and implemented, because they already have a customs held continuously by hereditary generations long before the arrival of Islam. Some custom in Indonesia, which still survive is held by Bedouin community, Kampung Naga and Marunda Pulo. Three communities represent the type of society in Nusantara that are coastal communities  (Marunda Pulo) and inland communities (Kampung Naga dan Baduy).

This research examines the reception of Islamic law by the indigenous Bedouin community, Kampung Naga and Marunda Pulo. The focus of this study is the elements of Islamic law, the absorption pattern of Islamic law, and the factors that influence the reception. The purpose and usefulness of this study was to answer the research questions and describe the three customary in the community as well as correlate with the Islamic legal system.

The method used is empirical legal study. The data used in this study is the primary data source derived from direct observation, deep interviews and library research.

Research shows that the reception of Islamic law by the community of Kampung Marunda Pulo occur in worship and muamalah law. While the community of Kampung Naga reception occurs in the majority of law and worship in particular muamalah espescially in wedding. At issue still retain their inheritance patterns of inheritance according to their customs that divide the inheritance with equal parts between boys and girls. In Baduy community reception occurs in the implementation of Islamic law marriage that is reading the creed of the Prophet Muhammad Shalallahu Alaihi Wassaalam,  the presence of dowry and marriage records by KUA, especially on the community of Outer Baduy. Meanwhile the community of Inner Baduy has not been  accept the Islamic law a lot in the field of marriage. Reception  in the field of inheritance was limited to the mention of the terms in Islamic inheritance, while the division still follow their customs that divide the estate equally to boys and girls.

This research reinforce the theory of receptive that the reception of Islamic law by the people of Indonesia, if not contrary to their customs. Based on these findings, the author formulates the theory of Islamic law reception by the indigenous communities is Reception trough Selection-modification, reception of Islamic law by indigenous community with the selection and  modification. If Islamic law  is in accordance with the accepted custom, it will be rejected when it conflicts .

Keywords: Reception of Islamic Law, Legal Anthropology, Indigenous Community, Adat, Islamic Law, Baduy, Kampung Naga, Marunda Pulo and Theory of Reception trough Selection-modification.