The intersection of customary law and Islam: a case study of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe, Bengkulu Province, Indonesia

Abstract

AbstractThis article examines the intersection between customary law and Islamic law in the Rejang tribal community, focusing on applying the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. Even though positive law is in force, the Rejang tribe in Rejang Lebong Regency still maintains their customary law, upheld and enforced by jenang kutei or village judges. This article uses normative legal methods by adopting conceptual, comparative and futuristic approaches. The descriptive-prescriptive method is used and collected data is analysed using the content analysis method. The results show that jenang kutei has an active role in solving community problems, not only for the Rejang tribe but all those who interact with them. This article also showcases how customary law applied by jenang kutei interacts with Islamic law, which is also widely followed in this community. It finds that a synergy and harmony between customary law and Islamic law has contributed to society’s harmony. Applying customary law and the role of jenang kutei shows a peaceful settlement of problems, avoiding resentment in society. Using the example of jenang kutei, this article provides valuable insight into how communities can maintain their traditions and customary laws while adhering to their religious teachings.

Keywords

• Rejang tribe
• customary law
• kelpeak ukum adat ngen ca’o kutei jang
• Islamic law
• Indonesia
• Heng Choon (Oliver) Chan, Department of Social Policy, Sociology, and Criminology, University of Birmingham, Birmingham, UK