THE NETHERLANDS COLONIAL HEGEMONY AND INCORPORATED ISLAMIC MATRIMONIAL SYSTEM: LESSON LEARNED FROM DUTCH HEGEMONY SYSTEM
Dr.H.E.Zaenal Muttaqin,MH.MA and Dr.Iin Ratna Sumirat.M.Hum
Faculty of Sharia UIN Sultan Maulana Hasanuddin Banten
Abstract
The growth of Islamic matrimonial system in the present Indonesia was originally formulated in the 19th century of the Netherlands colonialism. The law system appeared as a consequence of the vast diversity of Indonesian people, thus the need of an applicable law is obvious. There are several discourses and contentions among Dutch scholars in establishing an applicable law system, and finally the colonial government enacted a new regulation focused on marriage system. The continuity of this social institution derived from the customary hegemony applied by Dutch. Provoked by several scholars who had an affirmative position in the establishment of applicable law, the new constitution in 1854 called IS (Indische Staatsregeling) was approved and partly contains the formation of marriage system that was divided into categories. In that, the Islamic matrimonial system was assimilated into Adat law (adatrecht), and therefore the Islamic marriage system was allowed to be practiced in its own way. Nevertheless, this Islamic matrimonial system was formed in a colonial scope as a form of colonial hegemony. Accordingly, this paper is intended to describe the development of marriage system in the Netherlands East Indies, and further descriptions will go to the Islamic matrimonial system and its development in the era of the Netherlands colonial government, and how it survived until post Indonesian colonialism.
Keywords: Islamic Matrimonial System, Dutch, Hegemony,
Topic: Law perspectives and Islamic law