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All Journal Socius: Social Sciences Research Journal
S, Supardin
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media

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Dutch Colonial Government Intervention in Islamic Judiciary in Indonesia and Its Impact on the Authority of the Pengadilan Agama Islamiah, Nurul; S, Supardin; Rusdi T, Muh.
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 10 (2026): May 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20095367

Abstract

This article discusses the intervention of the Dutch colonial government in Islamic judiciary institutions in Indonesia and its impact on the authority of religious courts. Prior to the colonial period, Islamic courts had developed within Islamic kingdoms and possessed broad authority in resolving religious and social disputes. However, the arrival of the Dutch colonial administration brought significant changes to the legal system in Indonesia through colonial legal policies aimed at controlling indigenous society, including Muslims. This study employs a normative legal research method with a historical approach by examining literature, colonial regulations, and various scholarly sources related to the development of Islamic courts during the Dutch East Indies period. The findings indicate that the colonial government did not directly abolish Islamic courts, but gradually restricted their authority through various policies and regulations. Islamic courts, which previously held extensive authority, were later limited to certain matters such as marriage, divorce, reconciliation, and inheritance. This intervention was influenced by colonial legal politics and the receptie theory, which placed customary law above Islamic law. Nevertheless, Islamic judiciary institutions survived and became one of the important foundations for the development of the religious court system in post-independence Indonesia.
Co-Authors Islamiah, Nurul Rusdi T, Muh.