Law and Culture: 'Urf as a Substance of Islam Nusantara as Reflected in Indonesian Religious Court Decisions

摘要

The aim of this study is to show the continuity of interaction between sharia and local living norms and culture as reflected in the Religious Court Decisions on Islamic Personal Law cases. From the beginning of its formative years, sharia and culture are interrelated closely. The specific terminology of amal ahl al-madinah indicates that not all Islamic norms are derived directly from the scripture. But it is linked to the local practice and living norms, customs, and usage. The research is qualitative, using documents as source of data. The documents are consisting of some Indonesian Religious Court Decisions. The Court Decision (year 2000 onward) of Jember, Binjai, Kudus, Bandung, Watansoppeng, and Jakarta are analyzed. The result of the research shows the legal ideas of interpreting sharia must refer to the living norms embedded in the local wisdom and tradition. By doing such a method of reference, the decision is practical and fulfil the feeling of people justice. Thus, sharia, as indicated in the decisions is "local fiqh".