View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by JOURNAL OF INDONESIAN ISLAM The Dynamic of Malay Islamic Law DOI: 10.15642/JIIS.2017.11.2.389-404 THE DYNAMIC OF MALAY ISLAMIC LAW The Rise and Practices of Adat Bersendi Syarak, Syarak Bersendi Kitabullah in Jambi Subhan MA. Rachman UIN Sulthan Thaha Saifuddin, Jambi – Indonesia | [email protected] Fuad Rahman UIN Sulthan Thaha Saifuddin, Jambi – Indonesia | [email protected] 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. Introduction There are several research objects on Islamic law in Sumatra that relate to cultural aspects such as marriage, inheritance, and even criminal laws. Similarly, there are numerous researches on Islamic law in Sumatra is the interaction of Islamic law and Malay culture. Among JOURNAL OF INDONESIAN ISLAM 389 Volume 11, Number 02, December 2017 Subhan MA. Rahman and Fuad Rahman the interesting aspects of Malay culture is Minangkabau of West Sumatra for obvious reasons.1 Minangkabau is the largest matrilineal culture in the world, and there was intensive interplay and even tension between local matrilineal custom, widely known as adat with Islam in its course of history.2 The introduction of Islamic law has created somewhat a new feature of both sides, which is specific in Minangkabau society. The interaction of Islam and Minangkabau culture has created a well-known aphorism of “Adat Basandi Syarak, Syarak basandi Kitabullah,” which simply means “Customary laws are based on religious laws; religious laws are based on the Qur’an.” This aphorism is a revision of previous aphorism signifying the primary role of customary law alongside of Islamic law in Minangkabau society.3 It can be inferred from the aphorism that there was negotiation among the supporters of customary law and supporters of Islamic law on how to implement law and order in Minangkabau society. In later development, there was tension and conflict in Minangkabau between traditionalists who insisted on preserving syncretic Islam and the modernists who asserted a more orthodox version of Islam. This culminated in an armed conflict which recorded as Padri War.4 However, this is not the only face of Islam in Sumatra. Jambi Malay society, which is located in southeast border of Minangkabau, has a different story. Although Jambi Malay people also subscribe to the aphorism of superiority of Islamic law over customary law interestingly, its story is a sharp contrast of matrilineal Minangkabau in many ways. Certainly, Jambi Malay society is patrilineal. Thus, In Jambi 1 Heinzpeter Znoj for instance states that not much is known about the highlands of Jambi, whereas many sources are available about the coastal sultanate and Minangkabau. See Heinzpeter Znoj, “Sons versus Nephews. A Highland Jambi Alliance at War with the East India Company, ca. 1800,” Indonesia, 65 (1998), pp. 97- 121. 2 See for instance, Taufik Abdullah, “Adat and Islam: An Examination of Conflict in Minangkabau,” Indonesia, 2 (October 1966), pp. 1-24; Abd A'la, “The Genealogy of Muslim Radicalism in Indonesia: A Study of the Roots and Characteristics of the Padri Movement,” Journal of Indonesian Islam, 02, 02 (December 2008), and Zaim Rais, “Respons Kaum Tuo Minangkabau terhadap Gerakan Pembaharuan Islam,” in Dody S. Truna and Ismatu Ropi (eds), Pranata Islam di Indonesia: Pergulatan Sosial, Politik, Hukum, dan Pendidikan (Jakarta: Logos Wacana Ilmu, 2002). 3 Yasrul Huda, Contesting Sharia: State Law, Decentralization and Minangkabau Custom (Leiden: Leiden University Repository, 2013), p. 57. 4 A’la, ‘The Genealogy of Muslim Radicalism in Indonesia, p. 285. 390 JOURNAL OF INDONESIAN ISLAM Volume 11, Number 02, December 2017 The Dynamic of Malay Islamic Law Malay Society, application of Islamic law is somewhat smoother that it is in Minangkabau context. It is not only applied in negotiation but also applied as the guide to implement the customary laws. Thus, the aphorism of “Customary laws are based on religious laws; religious laws are based on the Qur’an” arguably applies more consistently in Jambi. Tensions occurred in Jambi is not as sharp compared to Minangkabau. Jambi society believes that customary should be based on syarak because the aphorism is not only a symbol of the dynamic between Islamic and customary law, but also the rule that must be obeyed. However, the relation between customary and syarak or between the supporter of each of the laws is not always in harmony. Different point of views in understanding the aphorism becomes the reasons of the controversy. Syarak supporters believe the textual meaning of the aphorism, whereas customary supporters tend to offer different interpretations. This article intends to discover the tradition and historical development of Islamic Law in Jambi with special focus on how the concept of culture and syarak is perceived, and how the integration between culture and Syarak is negotiated and agreed upon. Law Tradition in Sumatra with Special Reference to Jambi Sumatra is a part of Indonesian Archipelago which is inhabited by the majority of Melayu tua (Proto-Malay) or Melayu Muda (Deutero- Malays).5 The term “Malayu” is derived from the Malay empire that had once existed in Batanghari river area, Jambi. As a matter of fact the use of the term Melayu extends to the outside of Sumatra following the territorial of Srivijaya including Java, Kalimantan and Malay Peninsula. Indeed, it can be said that the people from Malay peninsula are originated from Sumatra.6 Malay Kingdom finally capitulated and came under the influence of Srivijaya. Initially, Jambi was considered as a minor trading and raiding state on the region surrounding Melaka Strait. Srivijaya took control Jambi in 683 and in its course of its reign once became the capital of Srivijaya due to its Batang Hari River strategic location.7 In around 1275, Kertanegara, a King of Singasari from Java raided Jambi 5 Peter Bellwood, “Indo-Malaysians of the Last 40,000 Years,” Prehistory of the Indo- Malaysian Archipelago: Revised Edition (Canberra: ANU Press, 1997), pp. 69–95. 6 Ibid. 7 Nicholas Tarling (ed.), The Cambridge History of Southeast Asia Volume 1, From Early Times to c. 1800 (Cambridge: Cambridge University Press, 1993), p. 175. JOURNAL OF INDONESIAN ISLAM 391 Volume 11, Number 02, December 2017 Subhan MA. Rahman and Fuad Rahman and remained under its authority until Adityawarman, the king of Minangkabau absorbed Jambi into his kingdom.8 As Islam started to penetrate Indonesian archipelago during the 12th century along trade route, Malay people were among the first indigenous people who embraced Islam. Islam was not only embraced by lay people but also by Malay courts including the sultanate of Johor, Perak, Pahang, and the sultanate of Siak.9 In Jambi, the spread of Islam is facilitated by the establishment of Jambi Sultanate. This sultanate initially rose in late 15 century and slowly developed its power for quite some time. The existence of Jambi Sultanate become effective during the reign of Sultan Abd al-Qahhar (reign 1615-1643).10 It was only in this 17th century that an independent sultanate ruled effectively in Jambi. It signed trading cooperation with foreign traders, including Europeans with pepper as its main commodity.11 Gradually, Malay people had to wrestle with Islam which has its set of law and regulation in a situation where they had already own custom. It turned out that instead of discarding one value at the expense of the other, Malay people tended to integrate Islamic law to their customary law with mixed result. The rules related to law could not be separated to the local culture. The enforcement of the Islamic Law that was integrated to the social culture was always enshrined as well as practiced in customary rules that symbolized in the form of aphorism such as “memetik bungo setengkai”—for the community of Jambi and Minangkabau—which means a ban on marrying two sisters. This aphorism is in accordance with Islamic law of marriage which prohibits polygyny marriage that combines two siblings. However, another aphorism saying “idak baik melanggar baso”, which means it is prohibited for a man to marry his mother’s cousins is problematic because Islamic law does not prohibit such a marriage. Likewise, in the area of criminal law, local people ensured that the Islamic criminal law might be able to adapt to the customary rules. They used the term 8 Robert Cribb and Audrey Kahin, Historical Dictionaru of Indonesian (Lanham: The Scarecrow Press, 2004). 9 In addition to indigenous people, European colonial powers also made ways for the migration of notably Sri Lankan and South Africans to fill important positions in the kingdoms such as being a harbor officials, scholars, and judges. 10 Ali Muzakkir, “Kisah Orang Turi dalam Sejarah Islam di Jambi,” Thaqafiyyat, 14:2 (2013), p.