Abstract:
religious identity of the Malay Buyan community in Kapuas Hulu, West Kalimantan,
Indonesia. While Islamic law plays a central role in regulating social and religious
life, local customary law remains deeply embedded in the community’s legal
consciousness and socio-cultural framework. Previous studies have often treated
these two legal systems as separate or even contradictory. However, this study
challenges such a dichotomous perspective by demonstrating that Islamic law and
customary law engage in an ongoing process of negotiation, resulting in an adaptive
and contextually dynamic legal framework. Using a socio-legal approach, this
research collects data through in-depth interviews with ten key informants,
participant observation, and document analysis. The findings reveal that Islamic law
does not replace customary law but is instead integrated into the local legal system,
influencing various aspects of social order, family structures, and the sustainable
management of natural resources. This integration is evident in the use of Islamic
legal terminology, the substance of legal norms, the mechanisms for customary
fines, and the role of Islamic religious leaders in the codification of customary law.
These findings challenge the prevailing bipolar view that positions Islamic law and
customary law as inherently opposing systems. Instead, this study highlights a
dynamic and integrative interaction between the two legal traditions, ensuring both
social harmony and legal continuity. Ultimately, the article argues that the
coexistence of Islamic and customary law is not a source of conflict but a mutually
reinforcing and evolving process that contributes to strengthening both religious
and cultural identity in a predominantly Muslim society.
