Islamic Law with Design of Indonesia

Law in Indonesia has been influenced by many background, like ethnic group, religion and beliefs, also by Dutch colonial rule. It can understood because Indonesia is country with thousands islands and thousands ethnic groups. Each ethnic group has its rule that different from the others. There are also some religions and beliefs. And for 350 years Indonesia was under Dutch colonization. So that Indonesian Law is plural.

There are 3 important elements creating Indonesian Private Law . They are: Western Law (BW, product of Dutch colonial), Islamic Law, and Adat Law (native law of Indonesia). Sometimes Islamic Law and Adat Law are in force together, so that sometimes can’t differented where is Islamic law and where in Adat Law.

For example, in marriage ceremony in Central Java. In Adat marriage ceremony, there is siraman (showering ceremony), that a bride/groom is showered by parent and the olds of the big family. At the end of the sesion, the parent fall the water from kendi (jar) in order to bride/goom can wudhu. Wudhu is ritual washing in Islam before someone sholat.

Still on marriage ceremony. After ijab-kabul (I think it’s the true marriage), the couple do sungkeman. Sungkeman is a Java ceremony that the couple ask the parent’s blessing with squatted in front of the parent. It’s a honoring form to the parent. (Look Qu’ran, Surah Al Ahqaaf: 15).

Siraman and sungkeman are just little proofs that there are common and harmony between Islamic Law and Adat Law.

That’s why Islamic Law in Indonesia appears with special design of Indonesia. It is more reflect sistem and culture of Indonesia. So that in certain parts Islamic Law in Indonesia will show differences with Islamic Law in other countries like Saudi Arabia, Iran, Egypt and Pakistan. Nevertheless, Islamic Law in all countries, in principle are the same, because they have same legal sources, Qur’an and Sunnah. (Abdurrahman H., SH MH, Kompilasi Hukum Islam di Indonesia)