There is a perception, held not only by scholars in the field but by many Muslims as well, that Islamic law in Indonesia is strongly colored by "non-Islamic" local custom (adat). Historically, this notion has given rise to a number of movements which have sought to ensure that religious beliefs and practices be restored and brought into harmony with the primary sources of Islam, the Qur'an and Sunnah. One of these movements was led by Ahmad Hassan (1887-1958), acknowledged by many as a great scholar and a tireless advocate of the need for renewal (tajdid) and reform (islah). This study analyses the significance of Hassan's role in the movement for Islamic legal reform and examines in particular his legal theory (usul al-fiqh) and its application to problems of substantive law (fiqh). In terms of Indonesia (and perhaps other regions as well), this is a new approach; for few works on Islamic law in Indonesia concerned with either the Islamic judicial system or substantive law devote any significant attention to usul al-fiqh, which, in fact, provides the foundation for these institutions, not to mention other aspects of Islamic teaching as well. / As a reformer, Hassan was sometimes led to adopt bold, even extreme positions. He attacked his traditionalist opponents for placing too much faith in the doctrines of particular legal schools when seeking solutions to the problems faced by Muslims. Too often this led them to base their decisions on individual opinion, which placed them at a doble remove from the two primary sources. Instead Hassan advocated constant ijtihad, or at least ittiba', in the belief that the door had never been shut on direct analysis of scripture. In adopting this position, Hassan developed a sound, consistent and text-based approach to usul al-fiqh that was adopted after his death by his followers and students. Indeed, this approach has even had a substantial effect on his opponents, whose stance has changed subtly to reflect many of Hassan's concerns.

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While much has been written on the relationship between Islamic law and customary law in Muslim countries, for the most part, the literature reflects the conflict approach. To date, this methodological framework persists as most Western Islamicists continue to view the encounter between the two legal systems as conflict ridden. This thesis is an attempt to re-evaluate this entrenched paradigm. / By utilising the principles of Islamic legal methodology (usul al-fiqh) in conjunction with legal and socio-political approaches, this study seeks to shed new analytical light on the encounter of Islamic law with adat law (customary law) in Indonesia. The two legal systems, it is argued, have a shared existence long pre-dating the intervention of the colonial powers in Indonesian legal affairs, which speaks of accommodation and coexistence. In what is both a syncretic and a purist society, Indonesians have successfully harmonized the two legal traditions such that compromise and derivative solutions, based upon elements from both legal systems, have often been attained. In post-colonial Indonesia, the dialogue between the two sets of laws persists today as the tradition of avoiding conflict in legal resolution continues uninterrupted by the flux in legal policy from colonial to national rule. Family law in particular illustrates the endurance of such a phenomenon in the current period. Three cases--conditional repudiation, common property in marriage and obligatory bequest--are discussed as models of the two substantive legal systems working jointly to construct a new legal entity. The conciliatory exchange between Islamic and customary law in Indonesia refutes therefore the paradigm by which the two legal systems are posited as irreconcilable.

Unlike most of the literature on polygamy, which mainly uses theological and normative approaches, this thesis is a work of social research which explores both Indonesian Muslim discourses on polygamy and women’s lived experiences in polygamous marriages in the post-Soeharto period (after 1998). The thesis discusses the interpretations of the Qur’anic verses which became the root of Muslim controversies over polygamy. Indonesian Muslim interpretations of polygamy can be divided into three groups based on Saeed’s categorisation of the Muslim approaches to the Qur’an (2006b: 3). First, the group he refers to as the ‘Textualists’ believe that polygamy is permitted in Islam, and regard it as a male right. Second, the group he refers to as ‘Semi-textualists’ believe that Islam discourages polygamy and prefers monogamy; therefore, polygamy can only be permitted under certain circumstances such as when a wife is barren, sick and unable to fulfil her duties, including ‘serving’ her husband’s needs. Third, the group he calls ‘Contextualists’ believe that Islam implicitly prohibits polygamy because just treatment of more than one woman, the main requirement for polygamy, is impossible to achieve.

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The formulation of the Kompilasi Hukum Islam di Indonesia (KHI), the standard reference on family law---marriage, inheritance and waqf---is the most recent legal milestone throughout the history of Islamic legal development in Indonesia. / The change of social perceptions on family law and the practice of living adat or customary law has been the major factor in the compilation of the KHI. The social and adat elements in the KHI are unmistakable and allowed by the concepts of `urf (usage), mas&dotbelow;lah&dotbelow;ah (public interest), sadd al-dhara'i` (blocking the means) and istih&dotbelow;san (juristic preference) in Islamic law. The KHI, in turn, is to change and make uniform the social perception of family law throughout Indonesia, which varies from one place to another. From a political perspective, the enactment of the KHI is to strengthen the position of the Islamic courts by putting them on an equal footing with other courts in Indonesia. Since the Islamic courts earlier lacked a codified or compiled material law to be used as the official reference in rendering legal decisions, the emergence of KHI is a positive step in that direction. Finally, the emergence of the KHI is a realization of the accommodative relationship between the government and Islam under Indonesian New Order era, both of which take advantage of the enactment of the KHI. (Abstract shortened by UMI.)

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This thesis studies the attitudes of the religious scholars associated with the dayah, the traditional institution of religious learning in Aceh, Indonesia, towards issues of the modernization of Islamic law. In the history of Islamic society in Aceh, these scholars, the 'ulama' dayah, have shown great initiative in guiding their society as it sought solutions to various problems. Their response was not confined merely to religious matters but also extended to the economic, political and social problems. / The impact of modern science and technology has led to many changes in economics, agriculture, medicine, and other fields. All these changes have to be evaluated in terms of their status in Islamic law, because Muslims have always sought to lead their lives in accordance with Islamic teachings. The 'ulama' dayah, have contributed to meeting the challenge of resolving such problems. In formulating their decisions, the 'ulama' dayah usually refer to the standard texts of the four classical schools of Islamic law. The reliance on classical texts is justified by their conviction that present-day 'ulama' are unable to exercise ijtihad independently since they lack the qualifications which have been traditionally demanded of a mujtahid.

The conflict between adat law and Islamic law is still a current issue in today's Indonesia. It is rendered even more controversial because it deals with the spheres of family law, marriage law and the inheritance system in particular. This is exacerbated by the fact that Indonesia is home to such a wide variety of social systems. Family structure patterns range from patriarchy to matriarchy and every shade between, with each system being supported by a nexus of indigenous or adat laws. To complete the confusion, there is the residual influence of Dutch policy. / Of the many attempts that have been made to resolve the situation, the contribution of Hazairin (1906--1975) deserves particular attention. Realizing that fiqh or Islamic law is the product of another place and time, he sought to accommodate it more to the realities of Indonesian Muslim society. For him this meant abandoning the Dutch legacy of privileging adat law over Islamic law, and replacing it with what he called a "bilateral system," based primarily on the Qur'an and h&dotbelow;adith. (Abstract shortened by UMI.)

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