Journal of Indonesian Islam
Vol 13, No 1 (2019)

THE FUNCTION AND POSITION OF PENGHULU IN RAFFLES’ KITAB HUKUM MANUSCRIPT (1814)




Article Info

Publish Date
02 Jun 2019

Abstract

In this article, we discuss the function and position of penghulu in Java in the second decade of the nineteenth century. The object of this study is a manuscript from the British Library collection, coded Mss Eur D/742.1, ff. 155-166, that was issued by Thomas Stamford Raffles, the Lieutenant-Governor of Java, and Its Dependencies, on 11 February 1814. The manuscript actually regulates the general justice system. However, in this article, we will only discuss a number of rules that are directly related to the function and position of penghulu in the justice system. The paper will show that penghulu, in Raffles’ regulation, was functioned as an expert to be presented to a court. He must expound about Islamic law or customary law related to cases that were being handled by the court. In fact, when it was first formed in the early days of the Demak Sultanate (1475-1554), the penghulu was a representative of the sultan and is held responsible for the implementation of the rules of Islam. Meanwhile, in the field of law, the penghulu was head of the court.

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Journal Info

Abbrev

JIIs

Publisher

Subject

Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Indonesian Islam (JIIS) publishes articles on Indonesian Islam from various perspectives, covering both literary and fieldwork studies. The journal puts emphasis on aspects related to Islamic studies in an Indonesian context, with special reference to culture, politics, law, society, ...