The Political Configuration of Islamic Law in The Dutch Colonial Period (1848–1942): Implications Toward the Structuring of Contemporary Islamic Legal Institutions

Abstract

The movement of VOC to the Dutch royal government was the starting point of legal arrangements in the Dutch East Indies; it was caused by the existence of an ethical political system. One of those policies is the arrangement in the field of Islamic law, which lives in the Dutch East Indies. Because of the existence of legal dualism politics, Islamic law can still be implemented, but it should be adjusted with the existing policies. Therefore, this paper tries to answer the following questions: 1) the constellation and political policy direction of Islamic law in the Dutch East Indies in the period of constitutional amendment from 1848 to 1942; 2) the background and impact of the political policy of Islamic law implementation in the development of political Islamic law in the Dutch East Indies; and 3) the implications of Islamic political law toward the institutionalization of contemporary Islamic legal institutions. This paper is the result of research by historical juridical in processing and collecting data. This research found that the direction of the political policy of Islamic law in the Dutch East Indies was aimed at accommodating the policy of legal dualism. The reason for the application was political ethic policy and legal dualism as the primary legal arrangement at that time, and its impact caused Islamic legal institutions to integrate and develop. And the last implication of that policy was the protection and development of Islamic legal institutions after Indonesia won its independence.