A Dialog Between Islamic Law and Adat (Customary Law) in the Social Context of West Kalimantan, Indonesia

This study examines the relationship between Islamic law (Sharia) and Customary law (Adat law) in the social context of West Kalimantan, Indonesia. The study's primary objective is to examine how these two legal systems coexist and interact within the region. The study employs a qualitative methodology, with data collection conducted through interviews with key informants, including religious leaders, Customary authorities, community members, and local government officials. The study also examines selected documents to ascertain the content of Customary law that is explicitly or implicitly related to Islamic law. The study finds that West Kalimantan Customary law has adopted Islamic law into its legal structure, as evidenced by the emergence of specific vocabulary or terms known in Islamic law that have similar meanings. Furthermore, there are differences in the situation between the Malay heartland, where Islam is strict, and the non-Malay heartland (Dayak Zone), where Islam is loose. These findings demonstrate local Customary law's active role, resilience, and adaptability in socio-economic change and broader legal reform. This study significantly contributes to law and sociology and offers a deeper understanding of the dialogue between Customary law and religion.

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Publication Details

Journal
AL- ADALAH
Published
2025-06-17
DOI
https://doi.org/10.24042/adalah.v221.24008
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

A Dialog Between Islamic Law and Adat (Customary Law) in the Social Context of West Kalimantan, Indonesia

Dedy Ari Asfar, Yusriadi Yusriadi, Dilah Tuah, Munawar Munawar et al.
AL- ADALAH
Legal Studies and Policies
article

A Dialog Between Islamic Law and Adat (Customary Law) in the Social Context of West Kalimantan, Indonesia

Dedy Ari Asfar, Yusriadi Yusriadi, Dilah Tuah, Munawar Munawar, Juniawati
article en

Abstract

This study examines the relationship between Islamic law (Sharia) and Customary law (Adat law) in the social context of West Kalimantan, Indonesia. The study's primary objective is to examine how these two legal systems coexist and interact within the region. The study employs a qualitative methodology, with data collection conducted through interviews with key informants, including religious leaders, Customary authorities, community members, and local government officials. The study also examines selected documents to ascertain the content of Customary law that is explicitly or implicitly related to Islamic law. The study finds that West Kalimantan Customary law has adopted Islamic law into its legal structure, as evidenced by the emergence of specific vocabulary or terms known in Islamic law that have similar meanings. Furthermore, there are differences in the situation between the Malay heartland, where Islam is strict, and the non-Malay heartland (Dayak Zone), where Islam is loose. These findings demonstrate local Customary law's active role, resilience, and adaptability in socio-economic change and broader legal reform. This study significantly contributes to law and sociology and offers a deeper understanding of the dialogue between Customary law and religion.

AL- ADALAHVol. 22(1)
Tanjungpura University (ID), Universiti Malaysia Sarawak (MY), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 58%
Legal Studies and Policies
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