Conserving Islamic Law and Seloko Adat Melayu Jambi in the

Globalization Era

Bahrul Ulum

, Mohd Arifullah

and Ulya Fuhaidah

Departement Shari’ah UIN Sulthan Thaha Saifuddin, Jambi, Indonesia

Department Ushuluddin and Religious Studies UIN Sulthan Thaha Saifuddin, Jambi, Indonesia

Keywords: Islamic Law, Seloko Adat, Malay Jambi’s, globalization.

Abstract: This research aims at exploring the relations between Islamic law and Customary Law on Malay Community

of Jambi. This research would like to explore the practices of Islamic law in Jambi Malay society. The process

of naturalization is the result of epistemology integration between Islam and Malay Jambi’s local custom or

adat. Nowadays, globalization is an international integration process that has an impact to diminish local values.

The research finds that the application of Islamic law must be integrated with local culture so that religions and

local cultures are mutually empowered to deal with globalization.

1 INTRODUCTION

Previous research studies have shown that the

relationship between Islamic law and the customary

law could be divided into two views. First, there is a

tight relationship between those laws as argued by

MB Hooker (Hooker, 1974) and Ratno Lukito

(Lukito, 1997). Second, Islamic law and customary

law are two separated things as stated by Taufik

Abdullah (Abdullah, 1996).

The statements above insist that there are some

perspectives related to Islamic and customary law.

This article would discuss those laws within people in

Jambi in context of Islam-Malay.

Several scholars discuss seriously to see the

relationship between Islamic law and customary law

in Jambi. The work of Rachman and Rahman, entitled

"The Dynamic of Malay Islamic Law: The Rise and

Practices of Adat Besendi Shara, Shara besendi

Kitabullah in Jambi". This article uncovered that the

implimentations of Islamic law and customary law in

Jambi community is always integrated with local

traditions, so the concept of custom and sharain Jambi

society is not only merely a habit, but also a culture

enriched with ethical legitimacy found in Islamic law

(Rachman&Rahman, 2017)

Ahmad and Amin paper’s, "Integration of Qur'an

Verses in Jambi's Seloko: Cultural Dakwa

Transformation" also shows that Jambi customary

law that appears in the Seloko of Jambi customs is in

principle not independent of the universal character

of the Qur'an, which become a value system for

various aspects of the life of the Jambi community

(Hasbullah and Amin, 2015).

On the other hand, there are also paper that reject

the existence of a relationship between Islamic law

and customary law, including the work of Abdullah

entitled "Adat and Islam: an Examination of Conflict

in Minangkabau". This article shows that the

discourse between customary law and Islamic law in

Minangkabau raises many potential conflicts, for

example, the problem of low inheritance division,

which in the Minang customary tradition should

ideally be given to boys, because if not then the

heritage would be owned by Mother's line, but in the

rule of Islam such property can be inherited directly

to children which of course does not require a grant

process, which is not permissible according to shara

law (Abdullah, 1966).

The two views aforemention have their own

arguments, when custom is regard as the whole

system of local traditions, the basis of ethics and legal

provisions that shape people's habits and behavior,

then custom will be seen as having the same function

with shari'at, until it is open the possibility to

complement and enrich each other. So, it can be

understood from the thought of de Jong, hooker, and

Ibrahim (de Jong, 1951; Hooker, 1974;

Ibrahim,1965). On the other hand, when custom is

defined as a local custom, then custom will occupy a

position that is contrary to the shari'at as a religious

law, as demonstrated by Taufik Abdullah (1966).

Ulum, B., Arifullah, M. and Fuhaidah, U.

Conserving Islamic Law and Seloko Adat Melayu Jambi in the Globalization Era.

DOI: 10.5220/0009922610451051

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1045-1051

ISBN: 978-989-758-458-9

1045

How is the application of Islamic law and customary

law in the life of the people of Jambi, is it understood

in terms integration or separation? Then how can this

happen? And how is the picture in the context of

globalization today? These issues will be answered in

this work which will be revealed starting with a

discussion on the application of Islamic law in the

Jambi Malay community, then discourse will be

discussed on the naturalization of Islamic shari'at in

Malay Customary, followed by a discussion on

Integration of Epistemology in Customary Seloko

Melayu Jambi, and crystallized with a discussion of

the contemporary existence of Malay Jambi customs.

2 THEORY

Due to the problems of Islamic and customary law,

the naturalizing theory would be applied to integrate

the epistemology and the Receptive theory as

proposed by Snouck Hurgronje.

The term naturalization can be referred to the views

of Harvard University historian Abdelhamid I. Sabra,

in his work The Appropriation and Subsequent

Naturalization of Greek Science in Medieval Islam.

He argues that classical Muslims have naturalized

knowledge from various civilizations around it,

especially Greece into the Islamic tradition. ( Sabra,

1987)

Classical Muslims have naturalized foreign

traditions through adjusting foreign traditions to

Islamic cultural, religious and philosophical values.

This process also takes place throughout the long

history of human culture. Mesopotamians, for

example, have naturalized when absorbing the

various advancements of civilization in the process of

assimilation and acculturation. Likewise, the Ancient

Greek philosophers absorbed various cultural

advances from the surrounding regions, especially

Egypt and Syria, so that they were able to produce a

rational Greek mindset. Also, it happened when

modern Western civilization naturalized the culture

of the Islamic golden age into their civilization

systems (Masood, 2009).

Naturalization is a normal process in the history

of world civilization. Berger called that as an

externalization process, objectivation, and

internalization (Berger and Luckmann, 1966; Berger,

1967). In the early period, community carried out an

externalization process by adopting the progress of

tradition outside itself, as do the exponents of Islamic

scholars today when adopting the progress of Western

scientific traditions (Rahman, 1988). Then the

objectivation process is carried out, by confronting

what is obtained from the outside in accordance with

the traditional norms that have been owned, until then

the process of cultural Islamization occurs. The two

processes are then refined by an internalization

process, namely the process of adaptation or

adjustment between outside traditions and the

original tradition by continuing to prioritize local

traditional values. This project is meant to reveal what

will happen in the process of naturalization of Islam

in the ethnic Jambi Malay tradition.

Naturalization of Islamic law in customary law

can only occur through epistemological integration

between Islam and custom, because there are

differences in epistemology between them. Islam is

based on a view of truth centered on revelation

whereas custom is based on truth centered on the

experience of everyday life, so that epistemological

dialectics are needed among them.

Epistemology (Nazariyyat al-ma'rifah) itself is a

theory of knowledge which is synonymous with the

terms gnoseology and neotics. This was supported by

Robert Audi who revealed that a consistent

epistemology with the problem of justification of trust

with certain standards of truth about what we do and

we know.

This means that epistemology can be interpreted

as a guarantee of justification of trust with certain

standards of truth (Arifullah, 2009). Thus the

integration of epistemology is an attempt to unify the

system different truths.

Once two systems of truth (law) have been united,

a dominant will appear. In an effort to find the

dominant law, the author then used the Receptie

theory proposed by Snouck Hurgronje. According to

Hurgronje, once Islamic law and customary law were

integrated, then at that time Islamic law was actually

defeated by customary law, because in the life of

indigenous people customary law actually applies, so

that Islamic law can only be applied when Islamic

legal norms are accepted as customary law (Praja,

1991). It can be inferred that the integration of legal

epistemology will never occur, without eliminating

one of the legal entities. There will always be

dominant and eliminated legal entities.

This writing was written based on a n inquiry of

qualitative research since it emphasized on meaning

to investigate the problem and analyze it deeply based

on the phenomenon occurred (Arikunto, 2006). In this

writing, it focuses on the Malay Islam people in

Jambi.

ICRI 2018 - International Conference Recent Innovation

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2.1 The Implementation of Islamic Law

in Malay People Jambi

The understanding of Malay people about Islamic law

and customary could be seen in the Malay’s adage

adat besendi shara’, shara’ besendi Kitabullah

(Meng, 2006). It could be stated that Islam becomes

a foundation of customary and customary is a

representation of Islamic values thus both of them do

not clash each other. Therefore, those laws could

work in harmony in form of Jambi laws (Rajo, 1995).

It depicts that the implementation of Islamic law in

Jambi people occurred through the process of

selective interaction in which custom implements the

Islamic values within Malay custom

(Sibawaihi&Baharun, 2017). That kind of interaction

could be seen briefly as urf shahih which does not

violate the shari’a (Hakim, 2007). This process also

plays a role as a solution due to the implementation

of Islamic law within the indigenous community

because it involves naturalizing that could eliminate

the clash between custom and shari’a.

As an area that has experienced Islamization, the

traditions or customs of Jambi are not necessarily

abandoned, customs are maintained and even

confirmed through the customary seloko with shara.

This kind of mindset indicates the internalization of

universal Islamic values in Jambi Malay customary

law which is influenced by Malay Culture and Islamic

teachings. In the process Islamization, customs and

laws of Jambi Malay are still recognized, with some

note: first, customs or laws that contradict the Islamic

shari'ah (Mulghah customs) will be abolished, such as

the acts of idolatry which Ahmad Salim (Datuk

Paduka Berhala) abolished by destroying idols and

acts of idolatry in the early Jambi community.

Second, customs and laws that do not clash with

shari'at Islam (mu'tabarah adat) will still be

recognized. Third, customs which are partially

contradictory to the shari'at will be removed and

elements that do not contradict the shari'at will

continue to be preserved, as Jambi customary

marriages, some of which are still well-accepted and

implemented as in proposing for marriage, being

engaged, and delivering belanjo (fill the adat

menuang lembago), reception, etc., while the terms

are eliminated and adapted to the Islamic shari'ah,

such as the ceremony of surrender or promising in

front of an idol, which is replaced by the declaration

of ijab-qabul (the vow of marriage) according to

Islamic sharia. The source of information was from

the Department of Regional Culture affairs (Lembaga

Adat Daerah) of Jambi Province, Traditional

Principles Sepucuk Jambi Nine Lurah (LAD Jambi

Province, 2001).

Islamic law and Jambi customs can then go hand

in hand in the form of the Jambi Law, considering that

the entry of Islam into Jambi did not cause many

changes to the previous adat norms, the existing adat

norms are still largely recognized, because they do

not contradict the Islamic shari'ah . In this process the

practice of Islamic law experienced unification with

customary law

2.2 The Integration of Epistemology

and Islamic Naturalizing in Malay

Custom

The interaction between Islamic law and customary

law occurs through the epistemology which then

produces naturalized Islam or customary law. The

integration of epistemology plays an important role in

tightening of Islam and Malay custom in monistic

epistemology (Arifullah,2015). The result of this

combination is seen on Seloko which is categorized

as folklore. In another word, it could be defined that

Seloko is a creative combination of custom truth and

religion truth or in Kalam philosophy, it is said as a

combination of mind and revelation.

Seloko Jambi adat bersendi shara’, shara’

bersendi Kitabullah is the recognition of the Jambi

people to the system of truths of custom and shara’

which are considered equally true and in line, so that

they could complement each other. Tarmizi, as a

Jambi community leader and Deputy Chairperson of

the MUI Jambi Province, acknowledged that: Seloko

Jambi is arranged based on shara’ and the views of

Jambi traditional customs, so that there is a synergy

between shara’ and custom (Interview, Tarmizi,

2017)

The customary law as depicted in Seloko is

therefore rational and mythical (normative). No

wonder then Seloko concerning various legal norms

in acting in various fields of life, ranging from

marriage to government. This can be seen in the

details of customary law such as Induk Undang nan

Limo, Anak Undang Nan Delapan and Anak Undang

nan Duo Belas. (Ahmad, 2015).

All of them are norms that should be adhered in

customary law and in harmony with Islamic law,

which is carried out by the Alam Barajo Institute and

Adat Institute, also known as Sepucuk Jambi

Sembilan Lurah (Harun and Sagala, 2013). Although

the application sometimes raises problems, one

example is the application of a law that is done by

integrating Islamic law whose part is usually called

Taliti with Jambi customary law (UU). As mentioned

Conserving Islamic Law and Seloko Adat Melayu Jambi in the Globalization Era

1047

in Seloko: “Undang turun dulu, taliti’ mudik dari

tanah pilih, undang tibo dulu taliti tibo kemudian,

undang datang bertali gial, taliti tibo bertali tajuk,

undang talanjuo kile taliti talanju mudi”. Based

on this principle then it needs to integrate Undang and

Taliti to see one case such as qisas law or theft which

is laid on Seloko:

“Apo kato Teliti, apo pulo kato Undang,

cukil mato pembunuh kato Taliti, cukil mato

kerbau kato Undang, potong tangan pencuri

kato Teliti, potong tangan kambing kato

Undang” (Rachman&Rahman, 2017)

Difficulties also occur in the determination of

inheritance law in Jambi, which can be done in three

ways, namely: First, inheritance is shared by heirs in

harmony and peace, usually led by the eldest child

through discussions; Second, inheritance is shared by

indigenous stakeholders (Depati, Rio, Nagbi,

Mangku, and other Ninik Mamak), Tuo Tengganai, as

well as mother and father, by applying the principles

of Customary law; Third, the inheritance is divided

according to the decision of the Adat court, which

includes the Shara’ employees (Imam, Khatib, Bilal,

Judge), the Ulama and religious teachers, by applying

Islamic law. (Lembaga Adat Jambi Province, 2001).

This means that in inheritance law there are several

options could be done by the people to overcome this

problem.

The case above creates the difficulty of

integrating Islamic law into customary law, in which

customary law remains dominant. It indicates that

Seloko contains an integration of universal Islamic

truth values with indigenous local truth values, whose

application does not appear textually but rather the

application of Islamic universal values. In this

process naturalizing of Islamic law, so that the face of

Islamic law does not only perform in its textual form

but is more embodied in cultural values that are

grounded with local culture, as stated in Seloko:

“Adat bersendi shara’, shara’ bersendi

Kitabullah; Shara’ mengato, adat memakai;

Sah kato shara’, sah kato adat; Shara’

berbuhul mati, adat berbuhul sentak.”

(Custom jointed with Islamic law, Islamic law

joined with the Qur'an; Islamic law says,

custom uses; legal according to Islamic law,

legal according to custom; Islamic law is qath'i

while customary law relative) (Lembaga Adat

Jambi Province, 2001).

The reflection of Islam within Jambi people are

represented through their lifestyles such as dress,

speech, marriage ceremony, death, a celebration of

Islamic holidays and activities related to customs.

Almost all of these activities clearly show the

relationship between Islam (al-Qur'an) and Jambi

Malay culture (Ahmad, 2015). This stage of

integration which is called by an anthropologist

Judith A. Nagata as the union of Islamic and Malay

(Jambi) identities, to the point that the term to be

Malay is to be Moslem (Nagata, 1974).

The integration above occurred in the process of

naturalization that occurred in the long history of the

entry of Islam into the Jambi area. According to

scholars, Islam has existed in Jambi since the 7th

century AD and developed into a royal religion after

the 13th century AD. Muslim Persians (Iran), Turks

and Arabs came on the east coast of Bandar Muara

Sabak Jambi around the 1st century AD (7th century

M) In I-Tsing's note also mentioned that when he

visited Melayu (Mo-lo-yeu), he boarded a Persian

ship (Putra, 2018)

Actually before I-Tsing (Yijing), there had been

Chinese travelers who had transited on the island of

Sumatra or Java for five months, namely Faxian

(Fahsien, Fa-hien) in 414 AD. He researched the

application of Buddhist law on these two islands,

although until now no detailed description of the

results of the trip is found (Reichle,

Violence&Serenity, 2007). However, according to

Coedès Faxian did not reach Sumatra or Java, he only

arrived in Kalimantan (Coedès, 1968). Although

some claimed that from the beginning of the eighth

century to the beginning of the 12th century there was

a period of vacuum in Islamic da'wah in Jambi, which

resulted in the religion of Islam (sect Shafi'i) only

began to develop after Jambi surrendered under the

rule of Samudra Pasai (1285-1522). Starting from this

time the material and spiritual culture of Jambi Malay

was dominated by Islamic elements, since the 15th

century, when it was in the power of Orang Kayo

Hitam (1500-1515), or even in 1615, when the prince

of Kedah Sultan Abdul Kahar, was crowned as the

first King of the Sultanate Jambi Malay. The

dominance of Islam in Jambi Malay culture to this

day is still powerfull, which is also manifested in the

Malay ethnic Malay literature (seloko) which is

loaded with Islamic religious content, such as:

“Adat orang berjalan malam, Ada suluh jadi

pedoman; Adat orang beragama Islam, Ada

petunjuk menerangi iman; Orang berkain

menutup aurat, Sesuai dengan petuah hadis;

Orang muslimin hidup beradat, Lakunya

sopan mukanya manis; Di bulan Ramadhan

orang tarawih, Sudah sembahyang membaca

Qur’an; Orang beriman hidupnya salih,

Dadanya lapang lakunya sopan”.

ICRI 2018 - International Conference Recent Innovation

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The integration above built in a long process of

naturalization when Islam came first in Jambi, it was

strengthened through the identity’s change of the

Jambi Malay which was based on the Seloko “adat

bersendi alur, alur bersendi patut, patut bersendi

kebenaran” to be Islam-Malay based on Seloko

“Adat bersendi shara’, shara’ bersendi Kitabullah”.

(Rachman and Rahman 2017).

Seloko shows two significant things about the

naturalization of Islam in Jambi Malay tradition: first,

the Jambi Malay custom originates from the Qur'an

and Sunnah; and secondly, the Qur'an and Sunnah

(Islamic tradition) are reflected through the custom of

Jambi Malay. Thus the custom of Jambi Malay has

accepted Islam as its normative force since the

Islamization of Jambi during the Jambi Malay

Sultanate, which even when Islam was strengthened,

the Sultans have voluntarily used titles based on

religious legitimacy (Asyari, 2009). The explanation

insists that the naturalization of Islam in Jambi

tradition resulted from the customary law which is

relied shara’ on Malay Muslim community.

2.3 The Contemporary of Existence of

Seloko Jambi Malay

Recently the existence of Seloko is facing a big

challenge, it could threaten the distinctive identity of

the Jambi Malay Muslim community. One of the

biggest and most felt challenges of Seloko's existence

today is a negative impact of ‘modernity’. Admittedly

or not, a modernity that brings a modern Western

value system can replace the role of custom and

religion in traditional community life. The influence

is very strong since it is supported by globalization

and technology that can shift the patterns of thought,

worldviews and cultural life of traditional societies.

Besides, another impact could be seen through the

decrease of devotion toward religion and custom. It

also directly threatens awareness and moral ethics. In

this context, Junaidi T.Noor, Jambi traditional leader

stated that the tight relationship between custom and

religion in Jambi, making people who are not

civilized the same as people who are not religious and

customary violations are equal to violations of

religious teachings (Interview Junaidi T. Noor, 2017).

Responding to modernity, Muslims are divided

into two views that follow the flow of modernism or

maintain original tradition. It increases tension

between modernism and traditionalism, whereas

modernism without traditionalism will surely lose

authenticity, while traditionalism without modernism

will lose its vital character. Therefore, what is needed

is a thought that could accommodate both sides. This

moderate view is shown in the discourse of al-turats

wal al-hadatsah (Jabiri, 1991) and al-turats wa al-

tajdîd (Hanafi, 1993). Both tried to accommodate

modernism and traditionalism together.

Another interesting challenge of the existence of

Seloko is conservative Muslims, who raise discourse

about al-ashalah, authenticity, and originality which

can only be obtained by returning to the Al-Qur’an

and Hadith. The purification method is then chosen to

filter all kinds of thoughts, deeds, and habits that are

considered to have no basis in the two original

sources, including among others that are considered

not based on the Qur'an and Hadith or bid'ah. (Haris,

2007). Traditions such as Nuak/Manuak tradition,

which is a seven-monthly tradition of pregnancy;

Burdah, which is the recitation of praise to the

Prophet led by Tuan Guru; Shuro, namely the

commemoration of welcoming the first of Hijriyah

through certain customs and religious processions.

(LAM, 2004). Other religious traditions such as

Tahlilan, Maulidan, Isra and Mi'raj celebrations,

reading al-Barzanji are criticized and considered as

bid'ah (Asyari, 2013).

The impacts of those challenges have been seen

namely among the younger generation in which they

kept a distance from the Malay custom mainly by the

modernity on the one hand and religious conservatism

on the other. Creative efforts are needed in

developing and rejuvenating Seloko idealismto create

a cultural movement in the midst of a society in

preserving Seloko(Interview, Muallimah, 2017).

3 CONCLUSION

Seloko “adat besendi shara’, shara’ besendi

Kitabullah” describes the implementation of Islamic

law and customary law in the life of Jambi people

occur in a selective integrative in the packaging of

customary law (Jambi Act). This happened through a

long process of Islamization which also contained an

integration process of an epistemology of Islamic law

and Jambi customary law, thus facilitate the process

of naturalizing Islamic values into customary law.

Creative efforts are needed in developing and

rejuvenating Seloko idealism to create a cultural

movement in the midst of a society to preserve

Seloko.

Conserving Islamic Law and Seloko Adat Melayu Jambi in the Globalization Era

1049

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