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Acculturation of Islamic Customary and Sharia Value in ConstructionMinangkabau Traditional Criminal Law
Pujiyono(a*), Nur Rochaeti(b), Rahmi Dwi Sutanti(b)

(a) Faculty of Law Diponegoro University, Jalan Prof. Sudarto, SH Tembalang Kota Semarang
*pujifhundip[at]yahoo.com
(b) Faculty of Law Diponegoro University, Jalan Prof. Sudarto, SH Tembalang Kota Semarang


Abstract

The aims of this research is to analyse the acculturation of Islamic sharia with customary values in the development of Minangkabau customary criminal law and the construction of that customary criminal law. This study uses a socio legal approach, with primary and secondary data. The customary criminal law of the Minangkabau community is built from the acculturation of Islamic Sharia and Adat values. So that the term "Adat Basandi Sara", Sara "Basandi Kitabullah" appears as a legal institution that regulates both vertical and horizontal relationships. Sara -regulates human relations with God, each other and with nature. Understanding sara -is equated with‘ Adat. In baiah Marapalam stated "Adat nan Lhazhim Sara nan Qawi" means that custom is the prevalence of society that can be changed by community agreement. The philosophy and type of criminal sanctions for customary criminal law are influenced by the acculturation of Islamic Sharia with traditional values.

Keywords: Acculturation, Construction of Customary Criminal Law, Minangkabau

Topic: Law perspectives and Islamic law

Link: https://ifory.id/abstract/vgQpZwbMmHCX

Conference: International Conference on Islamic Development Studies (ICIDS 2019)

Plain Format | Corresponding Author (Pujiyono Pujiyono)

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