PhD candidate at Leiden University. Research project: Islamic Triangle in Indonesia: The relationship between State Law, Shari’a and Adat Law in contemporary Aceh. Supervisor: Prof. dr. Léon Buskens.
Islamic Triangle in Indonesia: The relationship between State Law, Shari’a and Adat Law in contemporary Aceh
This research seeks to explore the current relationship between State law, Shari’a and Adat law or Customary law in Aceh province, where the application of comprehensive Shari’a Law and Adat law were officially recognized since 1999. Since the time, notably since both laws became firmed politically and judicially in 2006 through Law No. 11 of 2006 on Aceh Governance, both laws effectively operate and handle disputes in each jurisdiction. While State law and Shari’a law are yet having a clear jurisdiction since the introduction of Islamic criminal law in 2014, Adat court handles a mixture dispute of the two former legal systems: civil law and Shari’a law. Adat court is allowed to intervene cases that are traditionally under Islamic court jurisdiction, such as zina (illicit relationship), gambling, drinking liquor and inheritances and also cases that are commonly brought to state court, such as fighting and land disputes. Unlike many researches on legal pluralism in Indonesia that examine the interaction of triangle legal systems through civil court and/or religious court, which are operated by the state, this research observes mainly Adat court, which is operated by non-state institutions, as well as Mahkamah Syari’iyah that is operated by the state.
A side of this research intends to contribute to the discourse of legal pluralism and anthropology of Islamic law. It is also expected to make a contribution to the debate on Islam and politics in Indonesia. Aceh province, which is the only province in Indonesia that is granted to apply Shari ’a law in a comprehensive way, is an appropriate case to examine the current development and relationship of Islam and State in Indonesia.
Arfiansyah obtained his BA in Islamic Theology and Philosophy at the Islamic University of Ar-Raniry, Banda Aceh in 2004. In 2010 he obtained his MA in interdisciplinary studies at the Institute of Islamic Studies of McGill University, Canada, after submitting his thesis on Politicization of Sharia Law: Behind the Implementation of Shari’a Law in Aceh, Indonesia. Currently he is doing his PhD project at Leiden University on Islamic Triangle in Indonesia: The relationship between State Law, Shari’a and Adat Law in contemporary Aceh. The project is supervised by Prof. Dr. Léon Buskens.