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The Acculturation of Islam and Customary Law: an Experience of Minangkabau, Indonesia Erwati Aziz; Mohammad Dzofir; Aris Widodo
QIJIS (Qudus International Journal of Islamic Studies) Vol 8, No 1 (2020)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v8i1.7197

Abstract

Islam as an unperceived religion from an essentialist perpective, beause it is transhistorical. The reality shows that the expression of Islam in one particular geographical context is a result of the interplays between Islamic teachings and local culture. This is a qualitative studyon Minangkabau customs and culture, with data collected by reviewing documents, both in the form of books, and articles. In addition, interviews were conducted with a number of Minang figures, and added to the Minang residents experiences. The results showed that the Minangkabau customs and culture had acculturated with Islam since it was introduced to the Minang region around the 8th century AD. Before its introduction, there were customs and cultures based on their habits. This acculturation occurs peacefully, therefore, the decisions of the traditional leaders do not cause turmoil and resistance from adat stakeholders in the region. Acculturation of Minang customs and culture with Islam takes the form of synthetism, while adat adapts to its teachings. When Islam with Minang customs and culture blend into one, changes occur in three forms. Firstly, when the custom is not in accordance with the Islamic teachings, it is adjusted, as illustrated in the Minang customary philosophy which reads, “Adat basandi alua jo patuik, alua jo patuik basandi bana, bana badiri sandirinyo” changed into “Adat basandi Syara’, Syara’ basandi Kitabullah”. Secondly, both customs and culture, which are in line with Islam remain preserved, such as the principle of deliberation (musyawarah) and consensus (mufakat). Thirdly, it led to the promulgation of Islam in a new culture that has not existed before, such as the Khatam Al-Qur’an ceremony for children.
EFEKTIVITAS RESTORATIVE JUSTICE PERSPEKTIF JINAYAH: Studi Penerapan Perpol Nomor 8 Tahun 2021 Tentang Di Polresta Surakarta Rahma Khayaatin; Aris Widodo
Maqashid: Jurnal Hukum Islam. Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2169

Abstract

Abstract:  Restorative justice is an alternative approach to resolving criminal acts without punishment that has been implemented in Indonesia since 2021 at the police level. The purpose of this interview is to obtain more in-depth information about how restorative justice is implemented, including experiences, opinions, and obstacles encountered, as well as to obtain data and information related to the practice of restorative justice at the Surakarta Police Headquarters. The research method used in this study is qualitative research, with a normative and empirical approach. This study uses secondary data as its main source. This study uses interview techniques to collect data.  The data analysis technique used in this study is the qualitative approach according to Miles and Huberman, which consists of three main stages, namely data simplification (reduction), data presentation, and conclusion drawing. Based on the results of the study, the implementation of Police Regulation Number 8 of 2021 concerning Restorative Justice at the Surakarta Police Headquarters is considered ineffective. To ensure equitable and fair implementation for all levels of society, Police Regulation No. 8 of 2021 should be repealed and replaced with a Law on Restorative Justice that adopts the principle of diyat in Islam. However, the formulation of a Law on Restorative Justice that adopts the principle of diyat in Islam in Indonesia needs to be done carefully, inclusively, and contextually so that the values of justice, benefit, and forgiveness can be accepted by the entire community and not considered as a practice of the majority religion.