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All Journal Socius: Social Sciences Research Journal
Supardin S
Universitas Islam Negeri Alauddin Makassar
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media

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Development and Advancement of Contemporary Islamic Judiciary/Islamic Law in Indonesia Miftahul Jannah; Supardin S; Muh Rusti T
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 11 (2026): June 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20556212

Abstract

The existence of religious courts demonstrates the state's recognition of Islamic law within the national legal system. Modern societal changes demand that Islamic law and religious courts effectively address contemporary issues through the development of Islamic law, which is influenced by globalization, technological advancements, and the demands of national legal reform. This study was conducted to examine the development and evolution of contemporary Islamic law/courts in Indonesia, along with their challenges and prospects. The method employed in this study is a literature review (library research), with data analysis conducted using a descriptive approach. The results of the research explain that the development and evolution of contemporary Islamic law/courts in Indonesia exist to confront and answer increasingly complex contemporary legal challenges. Among these developments in Islamic law are the codification of Islamic law, the growth of the Sharia economy, the digitalization of courts, and family law reform. Meanwhile, the development of the courts includes strengthening regulations, increasing the competence of religious courts, modernizing the judicial system, and integrating Islamic law with national law. In exercising its functions, the religious judiciary faces various challenges arising from the changing times and social shifts in society, leading to the emergence of several driving factors for the prospects of religious courts, fueled by the public's growing need for dispute resolution based on Islamic Sharia principles.
Dutch Colonial Government Intervention in Islamic Judiciary in Indonesia and Its Impact on the Authority of the Pengadilan Agama Nurul Islamiah; Supardin S; Muh. Rusdi T
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 M Rusdi Miftahul Jannah Muh Rusti T Nurul Islamiah