Theory of Reception through Selection-Modification

Theory of Reception through Selection-Modification; Study of Islamic Legal Anthropology in Baduy, Kampung Naga, and Marunda Pulo

By: Dr. Misno, MEI*

Abstract

The first community accepted Islam was the tenant at the coastal areas of Sumatra, Java, Sulawesi, Kalimantan, Maluku and NTT. After that Islam disseminated to rural areas throughout the country as the consequence of their reception of Islamic law. However, the fact was not all Islamic law accepted and implemented, because they already have customs practiced continuously by hereditary generations long before the arrival of Islam. Some custom in Indonesia, which still survive was practiced by indigenous community such as Baduy, Kampung Naga and Marunda Pulo. Three communities represented the type of society in Nusantara that were coastal communities and inland communities.

Research shows that the reception of Islamic law by the community of Baduy in the implementation of Islamic law marriage that is reading the creed of the Prophet Muhammad Pbuh, especially on the community of Outer Baduy. While the community of Kampung Naga reception occurs in the majority of law and worship in particular muamalah especially in wedding. Marunda Pulo reception of Islamic law in worship and muamalah. Based on these findings, the researcher formulated the theory of Islamic law Reception through Selection-modification, if Islamic law is accordance with the accepted custom, when it conflicts then modified.

Keywords: Reception of Law, Islamic Legal Anthropology, Indigenous Community, Adat, Islamic Law, Baduy, Kampung Naga, Marunda Pulo and Theory Reception through Selection-modification

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* Lecturer at Sekolah Tinggi Agama Islam Al-Hidayah Bogor, lecturing in Antropologi Hukum Islam and History of Islamic Civilization.