The Dialectics of Sharia and Customary Law in the Configuration of Indonesian Legal Pluralism

Abstract

This article aims to analyze the dialectical relationship between Islamic law (sharia) and customary law within the framework of legal pluralism in Indonesia through a socio-legal approach. The material object comprises Islamic law and customary law, while the formal object examines the dialectical processes through which different legal norms interact within a multicultural society. This study employs a qualitative research design that integrates normative legal research with a socio-legal approach. Data were obtained through an extensive literature review, analysis of relevant court decisions, and examination of social practices in various regions of Indonesia. The data were analyzed using the legal pluralism framework to identify patterns of interaction, negotiation, adaptation, and contestation between formal legal norms and living legal practices. The findings demonstrate that the relationship between sharia and customary law is not inherently hierarchical, as suggested by the classical receptie theory, but is dynamic and continuously shaped by social, cultural, religious, and political contexts. The interaction between these legal systems generates hybrid legal configurations in which religious norms, customary practices, state regulations, social actors, and power relations influence one another. This study contributes to the development of legal pluralism theory by proposing a dialectical perspective for understanding the dynamic interaction and mutual transformation of competing legal orders. Practically, the findings provide a basis for developing more inclusive, context-sensitive, and responsive legal policies within Indonesia’s complex plural legal system.