THE EVOLUTION OF ISLAMIC LAW IN INDONESIA: A SOCIO-HISTORICAL PERSPECTIVE ON ITS STRUGGLE FOR EXISTENCE

Abstract

Throughout Indonesia’s history, legal battles have been ongoing since the Dutch colonial era, with three distinct legal systems asserting their presence. Among these, Islamic law holds significance within Indonesia’s legal framework. This study aims to outline the historical struggle of Islamic law in establishing its place within national legislation. Employing a sociological approach, the research delves into the narrative of Islamic law’s struggle, utilizing secondary data and employing narrative analysis to chronologically recount its journey. Findings reveal that Islamic law has deep historical roots in Indonesia, functioning as a living legal tradition since the advent of Islam in the region. Despite being abolished by Dutch colonial rule, Islamic law persisted and continues to influence both written and unwritten aspects of Indonesian law. Post-independence, Indonesia largely adopted the legal policies of its colonial predecessors, further cementing the presence of Islamic law within its legal framework. Today, Islamic law remains recognized within national legislation, serving as a filter for legal materials and contributing to the formation of Indonesian law.