Islamic Law and Customary Law in Contemporary Legal Pluralism in Indonesia: Tension and Constraints

Abstract

Legal pluralism poses a challenging issue in the application of law in society. Indonesia, as a pluralistic country with diverse ethnicities, customs, and religions, faces conflicts between legal systems. This study addressed the conflicts between Islamic law, state law, and customary law regarding inheritance within the kinship system of Indonesian society. Data were collected from court decisions and legal scholars' opinions, which were then analyzed using the theories of legal pluralism, receptio in complexu, and receptio a contrario. The study found that legal conflicts arise among customary laws within the matrilineal, patrilineal, and parental kinship systems, particularly in inheritance matters. Legal conflicts occur when faced with Islamic law, which resonates with religious practices, and state law, which applies to all citizens. Based on several court decisions, the inheritance distribution resulting from differences in legal systems, especially within the customary kinship system, is disregarded in favor of state and Islamic law. This study implies a shift in the inheritance distribution system, which is no longer purely based on the kinship system of indigenous communities.