HUKUM ISLAM DI INDONESIA PADA MASA PENJAJAHAN BELANDA

Zaenal Abidin

Abstract


Since the arrival of Islam in Indonesia, Islam gives significant
impact for society life through its precepts. Islam continues to all
areas of Indonesia which effects Indonesia is considered as a very rich
country by law. The reason is scientifically law life in Indonesia is giving
an expose about basic reasons from the law and the use in society. At
least, there are three shades of law which can be found in Indonesian
law, those are; Islamic law, customary law, and colonial law. Thefirst,
theory of receptie in complex, Islamic law is fully accepted and become
as a reference for society problems, thesecond, theory of receptive, this
theory is introduced by Cornelis Van Vollenhoven and the law used
for Muslims is their customary law where Islamic law can be used
when the society accept that Islamic law. Thethird, theory of teceptie a
contrario. This theory is introduced by SajutiThalib, he states that since
1945-1975, there are two sides which have different opinion. One side
says that the article 134 paragraph (2) IS (IndischeStaatregeling) does not
apply anymore, but in the other side for the sake of law certainty, that
article is permanently applied. At conference of Ministry of Justice in
Salatiga, 1950, Hazairin states that Islamic law which apply in Indonesia
is not based on customary law because every law in Indonesia both
Islamic law and customary law is based on the support of legislation
in Indonesia.

Keywords


Islamic Law; Customary Law; Colonial Law

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P-ISSN: 2086-3357; E-ISSN: 2540-9182

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