THE DYNAMIC OF MALAY ISLAMIC LAW: The Rise and Practices of Adat Bersendi Syarak, Syarak Bersendi Kitabullah in Jambi

Abstract

This study aims at determining the position of Islamic law in the culture of Malay society in Jambi, Sumatera. The obvious facts in the previous studies about Islamic law and culture in Malay Sumatera is heavy emphasis on Minangkabau of West Sumatera with its matrilineal culture and traditionalist-modernist tension. In contrast, Jambi, which is adjacent to Minangkabau region, is starkly different. Jambi culture does not recognize matrilineal culture, except for Minangkabau people migrating to Jambi, nor experience such a tension. This is evidenced from interviews and library sources alike. Interviews were undertaken from several members of traditional leaders including some of the decendents of Jambi Malay Kingdom. As the result, even though there was a was among devotees of each of the laws, Islamic law (Syarak) and customary law in greater Malay Sumatera, the aphorism “Customary laws are based on religious laws; religious laws are based on the Holy Book” unites them, and becomes the living law that rules Muslim society in Jambi from the past until present day.

Keywords

• malay
• islamic law
• customary law
• sumatra