The Dutch Colonial Policy toward Islamic Law in Indonesia

1. The Dutch Colonial Policy toward Islamic Law in Indonesia

2. The Dutch Colonial Mission • Formerly, it is about trading and profit • They had no knowledge about local religion • Trading to Colonization • Some Muslim Rebellions • the Dutch government began intervening toward Islamic law

3. What was the Dutch colonial policy towards the practice of Islamic law in Indonesia? • How did Muslim scholars respond to the Dutch policy towards Islamic Law?

4. According to AqibSuminto, there were at least three objectives of the Dutch Islamic policy. • the first was to maintain security and order in the colony; • The second was to ensure personal liberty concerning religious practices of Indonesian Muslims; • the third was to block the growth of Islam as a political movement as well as a predominant culture

5. Islamic law became a living law, sociologically and culturally, when Islam arrived in Nusantara. • The Minangkabau aphorism:adatbersendisyara, syarabersendikitabullah

6. The Dutch policy regarding Islamic law: from recognition to restriction • Van den Berg (1845-1927) proposed the theory of receptio in complexu. • Islamic law is recognized as a positive law that applies to the Muslim community • The introduction of Islam into Indonesia brought about a great degree and transformation of the indigenous adat

7. SnouckHurgronje • SnouckHurgronje (1857-1936), challenge Van Den Berg’s theory… the theory of receptie. • This theory argued that the law applied in Indonesia was actually adatlaw. Islamic laws could be implemented only if they did not contradict the local adat. • Islamic law that had been adapted or accepted by the adatlaw was no longer Islamic law, but had become adatlaw

8. Hazairin • Hazairin (1906-1975), an Islamic legal scholar, put Hurgronje’s theory in doubt and called it the “theory of the devil”. • He challenges the receptie theory through his theory of receptie exit. With this theory, Hazairin advises Indonesian people to leave behind the receptie theory, as it contradicts the Constitution of 1945 (Undang-undangDasar 1945) and the five principles of Indonesia (Pancasila).

9. SajutiThalib • Theory of receptio a contrario. • Customary (adat) law should be a living law if it does not contradict Islamic law • He argues that in Aceh and Minangkabau people implement marriage and inheritance law based on Islamic law. • They accept customary law, when it does not contradict Islamic law

10. www.punayi.wordpress.com • Dejavu