Hukum Islam di Zaman Kesultanan Nusantara

Assalamualaikum warahmatullahi wabarakatuh last week I have told you about the stories related to material

that we will learn during one semester in Islamic law policy especially Islamic law policy in Indonesia Well, just to remind you again in the Islamic law policy in Indonesia we will study actually the history of Islamic law and its relationship with politics in Indonesia since the era of independence until today

In general, we will divide it into several phases The first is that we discuss about the reality or condition and practice of Islamic law in Indonesia in the pre-liberation era If we mention the pre-liberation era, it means it refers to Islamic law practiced by sultans

Then after the end of the Sultanate, we know that Indonesia, which at that time was not yet called Indonesia, initially was called Nusantara, then the Dutch Indies were dominated when the Dutch Indies were named because Indonesia or Nusantara was dominated by Western political forces such as the Dutch.

Well, at that time, the Islamic law was different because the Dutch colonization brought certain political consequences to the Islamic law practice in our country today, Indonesia today, but the Dutch Indian at that time

Well then after the Netherlands we also had the arrival of other colonizers, namely the Japanese colonizer, who himself also brought the consequences of the implementation of the law, that's it, the political policy of the Netherlands, the Japanese against Islam is also different, so there is something that also changes then after the Japanese

Then we enter the period of independence, which we can divide into several phases. Simply, we follow the political phase, for example, the old order in the era of President Soekarno, then the new order, and then the era of reformation.

However, in general, it can only be divided into three. In fact, the political and legal issues of Islam in Indonesia in those three times are very complex.

especially in today's era, in the era of reformation or post-reformation. Reformation is the change of the political system in Indonesia, which was started by the economic crisis in 1997, then due to the fall of President Soeharto, then the authoritarian political system changed to an open and democratic political system.

Although we often hear or see the concerns about the reality of democracy in Indonesia, there is an extraordinary opening of voice here. So in the era of reform or after the reform, the political and legal dynamics of Islam in Indonesia are more interesting to follow.

Tonight or this time we will talk about Islamic law in the pre-liberation period, especially in the period before the arrival of the Dutch colonizers. Well, friends, if we remember about the Dutch presence in Indonesia, then of course we mark the presence

The Dutch in Indonesia as the entrance to the strength of Western imperialism among the people of Indonesia At that time, once again, Indonesia was not yet named What we can point out from that is First, before the Dutch came to our country or to the archipelago at that time

then there is Islam here Islam here and Islam is also politically established politically established because we also see the existence of Islamic kingdoms in this archipelago before going there we also need to know the background

the background of the sociological culture of the people of the archipelago before the arrival of Islam. If summarized, of course, this is one of the long-term discussions, namely about the theory of Islam entering the archipelago. But we will summarize it as a preliminary knowledge to understand

How is it when Islam comes to Indonesia or to the archipelago and then brings the laws practiced by the community and its political rulers? Well, we start with the general theory about the entry of Islam into the archipelago. Dear friends, if we talk about the entry of Islam into the archipelago, then there is no theory of the law. At least we find four theories.

The four theories are the Arab theory, the Bucarat theory, the Persian theory, and the fourth is the Chinese theory. The first theory, namely the Arab theory, states that Islam in Indonesia or in the archipelago is basically distributed directly from the Arabs.

There is a number of data, of course we will not discuss it in detail here because it is not the place But as a general knowledge, we can say Data, for example, says that Islam came to this continent in the early 7th century AD Whereas if we talk about the history of the birth of Islam

as a religion under the Prophet Muhammad in the 7th century at the beginning of the 7th century then if the first theory states that Islam is in the Middle East or distributed in the Middle East from the Arab continent directly from the Arab continent in the 7th century it means that Islam has been in the Middle East for a very long time

Of course, all theories bring their own proof. Then the second theory says that Islam in Indonesia today or in the archipelago in general, if we talk about the archipelago, it means that it also covers the areas in the archipelago islands or those in the Malay Peninsula. So if we talk about the archipelago as a concept

not only as a region but also as a concept of culture or identity of culture, therefore it refers to the people who are now called Indonesia, then Malaysia, Singapore, Buru Edanus Salam, South Thailand and South Philippines.

So if we look at the second theory, which states that Islam who came to this continent was brought by traders from India, namely Gujarat and Malabar. They traded in this continent by bringing trade and selling it to the people. In this continent, maybe also a partner because there is

The harvest that the people of the archipelago have and are not owned by them, say that it comes from India, from India or earlier Gujarat and Malabar So according to this theory, the arrival of the Muslim Saudakars from Gujarat was indeed for trading

But because of many factors, maybe the need for accommodation, also the transportation situation at that time which did not allow people to move from one place to another very quickly, so they settled down. Because they settled down and needed accommodation, then there was a marriage between the Saudagars and the local people.

This theory states that one of the patterns of Islamization is by marriage. So trading is one thing, but marriage is another. Then the third theory states that Islam in Indonesia or in the archipelago is distributed from Persia.

The fourth theory is the Chinese theory, which is also a bit controversial because many people do not believe that Islam that comes to this continent is distributed by

people from China, of course this is an interesting thing, but this unique version of religion tells us that there is no single way or there is no single way for Islam to enter the archipelago or Indonesia in general there are four theories about Islam entering the archipelago once again we will not debate which is correct from these four theories

My belief is that each theory has its own truth. In other words, in a certain place, what may happen is the Arab theory, in a certain place, what happens is the Chinese theory, in a certain place, what may be right is the Gujarat theory,

and in other places, perhaps more accurate if using the Persian theory so in my opinion there is no single measure to state the truth which of the Islamic theories of the archipelago is the most correct but the point is that one, before Islam came to this archipelago this archipelago was dominated by the first understanders

which in popular studies we often hear it with animism, dynamism and animism. The belief that objects have power or the belief that spirits that are in objects must be worshiped or treated in the same way with wisdom and others.

The second is that the arrival of Islam to Indonesia or the archipelago is not through one route but through many routes just because of the situation at that time

not like our time now in general, it comes from the neighbors, traders then through marriage and also there is a political effort or business the motive is also political then the third is when Islam becomes part of the people in this country

then not only the religion is developing but also the religion of Islam affects the system of life, the view of belief or view of life changes, then there is also a change in the political system

What is the political system that has changed with the advent of Islam? I think we can see it with the changes in political structures. The political structure changes that I mean, for example, is that in the period before Islam came to the archipelago, what we call Indonesia was basically broken into very large political units. For example, in Java, we can find a lot of kingdoms.

Then in outside Java, for example in Kalimantan, there is an old kingdom, for example, then the capital of the state, for example, then in Sumatra there is Sriwijaya, there are other kingdoms, this tells us that

Before Islam entered, the political system that developed among the people of the archipelago was also influenced by the belief system. So if we follow, when the name of the kingdom is generally the one that exists or the religious system that is used or

The system of view of life that is used is the Hindu-Buddha system From animism, Hindu-Buddha, then there is also Shiva, etc. Then the change of name from kingdom to sultanate I don't think it's just a change of name But also a change of political system and life belief system

We see examples in Java The first kingdom or sultanate is the Demak Sultanate Then in Sumatra there is the Pasai Ocean Then also Palembang Palembang becomes the Sultanate of Palembang There is Sriwijaya Kingdom But when the Islamic system entered Islam as a religion entered Then influenced the unique life system of that time Then it changed, it changed to a sultanate

Sultanate means the country's constitution of Islamic religion in the political practice of the lives of the Nusantara community. That's what I see. So this is not a mere change of name. The change of title from king to sultan. The system from kingdom to sultan, although

I think we can also see from the history readings that the system is still hereditary Hereditary in the sense that the system is still in the form of a system of descendants But the main difference is the change from the kingdom to the sultanate is a system of belief The belief system that is the basis of this political practice is religion

So in the era of the Kerasa'an, the system of belief was Hindu-Buddha, then in the era of the Sultanate, the system of belief or fundamental value or fundamental principle of politics and governance is Islam.

Well, this may need to be explained a little so that we can understand that Islamic law policy in Indonesia is actually from the beginning. Well, because of that, I want to give some examples. Okay, if we look at it, let's just mention the kingdoms first, not the kingdoms, I just want to call it sultanate. The existing sultanates

that began to emerge and practice Islam as a law of Islam as a law of the state, let's say so, we can see it, for example, in the Kingdom of the Pacific Ocean, the Kingdom of the Pacific Ocean or the Sultanate of the Pacific Ocean, the Sultanate of the Pacific Ocean, in 1267 to 1521 AD, later we will see what is in

The sultans were related to the law or Islamic law Then the Sultans of Cirebon or also called the Sultans of Periangan That was in 1430 to 1677 AD We can imagine the time gap So we can imagine that it has been that long Islamic law has been in Indonesia

Then the Kingdom of Demak, the Kingdom of Demak was in 1475-1548, not 100 years. The Kingdom of Demak was born at the end of the Majapahit Kingdom, so it appeared before the Majapahit Kingdom ended. Then,

the kingdom of Aceh or the sultanate of Aceh Darussalam so there is Samudra Pasai, there is Aceh, there is Aceh itself, the sultanate, I think it's more appropriate if it's called sultanate because there is a change in the system of belief that goes back to the government practice or the government system earlier, so there is the sultanate of Aceh Darussalam, we will see later, then

The Sultanate of Banjar, South Kalimantan, was in the year 1520 to 1860, quite long. 1800 means it's modern. Because if we follow the division of the period of Islamic history or the period in general, 1800 is already modern. Even 1500, some say it was the beginning of modernism.

In 1500, there was still a sultanate, which means that in modern times, modern times in the sense of division of history, there was already a sultanate practice, there was still a sultanate in Banten, there was Cirebon, there was Banten, so in West Java there was Cirebon, there was Banten, that was in 1526-1813

then the Mataram Sultanate if we talk about Mataram in general we must understand that there are two contexts of Mataram there is a Hindu Mataram and there is a Mataram Islam there is a Hindu Mataram and there is a Mataram Islam so the Mataram named after the Sultanate means the Mataram Islam then in Sulawesi

There is the Sultanate of Goa, Goa-Talo in 1591, 1500 means the modern era has already passed, or it is already modern, until 1669. 1591 to 1669, men did not reach the age of one century.

Then in Malaysia today, there is the Sultanate of Malacca. This is a sultanate that also has its own legal system, in other words, adopting Islam as its legal system. Well, we will see, we will see how I said at the beginning that the transition from the kingdom system to the sultanate

there is a similarity and also a difference I will draw again the similarity is that both the kingdom and the sultanate still use the same system of heredity in the sense that power is down and down based on the line of descent but the difference is that if in the kingdom system

system of belief that is based on political practices or state practices, government practices including law is Hindu-Buddha, whereas in the era of sultanate what happened was a system of belief that is based on state practices, government including law is Islam. Well, that's the thesis we want to develop through

the lecture on this occasion, namely about the condition of Islamic law in the Middle East in the pre-liberation era, especially in the era of the sultanate. Okay, we will see one by one, as an example, you can develop a study like this, in my opinion, if you find suitable sources, I think this is also part of

important for us to see what Islamic law system was developed in those days, for example, the rule of the Kingdom or Sultanate of the Pacific Ocean in 1267-1521. According to historical records, the Sultanate of the Pacific Ocean is called the Pacific country.

But history is always full of strange versions. If I follow some writings, some say that the Pasai and the Pasai Sea are the same. It means that the Pasai Sea is the Pasai country. But some say that the Pasai Sea is different from the Pasai country.

because there is someone who calls it Persia. Well, okay, let the debate be there, but as part of the knowledge we can delve into it. Well, according to some historical experts, the Sultanate of the Pacific Ocean in 1267 was the first Islamic sultanate in the archipelago.

If we look at the time of its establishment, it was at the end of the 13th century AD. 1267 means the middle of the late 60s. According to the writers of history, the kingdom or sultanate of the Pacific Ocean

also considered as an example or proof of the success of Islamization. So this proves what I said earlier that the shift from the kingdom to the sultanate at the same time indicates the existence of a change in the system of belief. If the system of belief changes from Hindu to Islam, that is what is called Islamization.

Well, if we talk about history, interesting places, historical places, it seems impossible for us to forget a writer from Morocco

which until today the book is still being read by people not only read but also read translated into English the original title is Rikhlah Ibnu Battuta then translated into several languages in English I found the translation version entitled Travel of Ibnu Battuta

Ibn Battuta is a trader who, if I follow one version of the story about him, he goes somewhere using his own money. I can't imagine in the era when transportation was not like now, people did transportation far away to some places with their own money. How long was that? According to the rikhlah of Ibn Battuta,

he also once went on a journey to the Sultanate of the Pasai Sea and he said that the ruler of the Sultanate of the Pasai Sea was a Muslim who was religious, who was a Shafi'i. This is interesting, very interesting. So according to Ibn Battuta, with the knowledge that he had about history, about law, about

Well, if nowadays he is an anthropologist, so he can read the people, he said that the ruler or sultan in the Samudra Pasai Sultanate is a Muslim who is obedient and obeys the Shafi'i Madhab. This is very interesting. Well, not only the sultan who is religiously Muslim and obeys the Shafi'i Madhab,

Ibn Battuta also stated that the kingdom or sultanate is run by the Islamic system, by the way. So because the law is based on institutions, there must be institutions. Institutions, institutions, law institutions are also there. So according to Ibn Battuta,

In the era of the Kingdom or Sultanate of the Oceanic Sea, there were legal institutions such as Mufti and Qoti. Mufti and Qoti are indeed individuals, in other words, people. But I am sure the mention of Mufti and Qoti here does not necessarily refer to individuals or people, but refers to institutions.

which means that at that time there was a law firm that was used to enforce the principles of Islamic law. In what area does the law act? According to Ibn Battuta, he saw that in both laws,

to public law or the law of law and also the law of the law So friends, this is interesting, interesting in the sense that we can see that in the era of sultanate, it turns out that Islamic law has been in place. Okay, then let's see before going to the others, I want to turn to the kingdom or sultanate, sultanate

What is it called? The Sultan of Malacca That's the Sultan of Malacca The Sultan of Malacca Why is this interesting? Because Malacca also undergoes a transformation Because if we look at it for a moment Okay, if we look at it Malacca is an interesting case

because then became a great sultanate in the archipelago if we look at it geographically Malacca is located on the west side of the Malay peninsula which for a very long time according to historians who are at least since the 5th century AD they are the followers of Hindu-Buddha religion then

The establishment of this Malacca is related to a prince named Praveswara. Some say that Praveswara is a Hindu king from Palembang who married the daughter of King Bataratumapel from Java. Tumapel is Zingosari.

This may be true because in some versions I also read that Pramai Suwara still has a relationship with Majapahit. If we look at Majapahit, it is around 1300. Meanwhile, Malacca is around 1500. Okay, then

According to the story that was developed by this, which we found in the historical book, Prameswara, after marrying the Javanese princess, promised to pay tribute to King Tumapel. But according to the historical records, it was not met. Because it was not met, in the end, Batara Tumapel attacked

Palembang as a response, so someone said that because of fear of the attack from Tumapel, then Prameswara ran away to a place with his army, his wife, his children, his children, and others. He arrived at a place

which is now known as Singapore. Well, when we arrived in Singapore, Prameswara was received by a ruler named Tamagi or Tumenggung. But this is also interesting, stories like this, the news is not that long ago,

Prameswara was accepted in the palace or in the kingdom of the king who was called the ruler named Temenggong, it turned out that he killed him, he killed Temenggong with his axe and then became a king. Yalu because

because Prameswara became king, there was a wave of immigration according to historical records, there were approximately 3000 people from Palembang who immigrated to Singapore if we talk about the history of Singapore, Malaysia and the surrounding Malay lands we can't forget a very famous text entitled

Sula Latus Salatin Sula Latus Salatin is the lineage of sultans So the origin of the sultans Which becomes like compulsory reading for those who want to learn Malay According to Sula Latus Salatin, the Prameswara ruled for about three years in Singapore But there is a ruler whose name was revealed earlier

has a brother and is even called the brother of the first, namely King Batani and considers that Singapore or Tumasi is one of the territories of his reign. Then because his brother was heard to be killed by the voice of the voice earlier, then he attacked Singapore as a revenge, so

Pramoswara ran north to a place called Melaka. Pramoswara was the ruler of the kingdom of Melaka, according to the story of Sulla Latus Salatin,

when he founded Malacca, he was still Hindu, he was still Hindu, but it turned out that later this was interesting, Pramaswara then changed, changed his belief into religion, became Muslim, so he was a Muslim ruler. Okay, according to

The description in the text of the Sulla Latus Salatin Malaka is the name of a tree Malaka is the name of a tree Where Prameswara sat and rested with the army and his gang After being chased by the army of King Patani

there, then he asked what kind of tree it was, if it was a tree, if in Java there is a name, it's called a temloko, there's a temloko tree, so it's said that if so, we call it this with a back, okay, but we try to be more substantive now after the story, we talk more about

How is the condition or position of Islam in the land of Malacca, in the Sultanate of Malacca, okay, so after the Prameswara, then replaced by the son of Megat Iskandar Shah, who is the second Sultan of Malacca, in the Latin Sulawesi, Iskandar Shah, Megat Iskandar Shah, is called the little king

or Sultan Makuta or Sultan Begat according to a European ambassador, if it was Ibn Battuta, now we write the European ambassador named Tom Pires, if I'm not mistaken from Spain. Melaka little by little became a very big port. Okay, then we see, if so, how can we believe

with Islam, with the Islam of the rulers in Malacca. Okay, there are many stories, but let's just look at the elements, elements, elements, whatever religious law is used in Malacca. Well, like this,

I once bought a book when I visited Malacca. I bought a book, if I'm not mistaken, the Malacca Law. I was still looking for it, the book was changed but I didn't find it. But I bought that book in Malacca, in a place called Replika Istana Kesultanan Malacca. Well, according to the historians of law, the Malacca Law

It is one of the first official laws in Nusantara Who stated that? There is a scholar from the University of Sladen His name is Liao Yoke Fang With a closer understanding of the philology, he studied the text According to him

This is the first law in the Constitution Okay, let's see what the law is, so it's not too long Okay, it turns out that the Law of Malacca or abbreviated as the UUM It regulates a variety of problems from the court to the court or from the court to the court For example, in the area of family law

problems such as marriage in marriage law, for example, the wali hijab Qobol, the witness, the talak, and others, are discussed. What is the proof? Related to the wali, for example, related to the wali in the issue of the marriage, Article 25, Verse 1 of the Law of Melaka sounds like this, if there is a woman,

If there is a child who thinks, then it is a requirement to ask for his reidah. Even if the child thinks it is big, that is, the Akhil Balik, then the Sunnah is asked for his reidah. The language is ancient Malay. But yes, this is an example.

Then, the law of the law of the law of the law of the law places the principle of the law of the law in chapter 25 verse 2, the meaning is as follows

There is also a condition for the marriage of the bride to the bridegroom So don't be confused by what it means But we are talking about an example or proof How is the law of Islam done in the sultanate in the archipelago There is also the meaning of the bridegroom is as said by his wife

"I will marry my son Anu, she will be your wife." This is a translation of ancient Malay from "ankah tuka" I will marry you with my son, and so on. In Malay. Then the answer to that is like the one in the hadith, saying "gabiltu taswi jahat" which means "I have accepted, she will be my wife."

That is the name of the Qabul Ijab. Moreover, if there is a father whose daughter is a phasik, such as adultery, drinking, and gambling, or other works that are haram, then the father will not be a wali. This means that the concept of a wali-hakim or giving up the hakim to become a wali.

"There was a time when a nation and a face, no woman could be a guardian to her brother who was a vajay, but the judge was his guardian, Makassar." This is Islamic law. We will also learn that in the Islamic Law of the Muslim World in our program. Okay, we don't have to go through all the examples. This is just an example. Then the witness. Then the law of banishment.

Then there is the Talak and so on and so forth Okay friends, so this is just an example What I give about How in the Sultanate of Malacca The law of Islam has been implemented as a law of the state As the law called the Law of Malacca Now we go back to Java Back to Indonesia, yes Earlier, Samudra Pasai Then

That's in Aceh, in Sumatra, there in the end of Sumatra Then Malaga, also at the other end, this is still in Sumatra We now go to Java, there is the kingdom of Demak Well, who is the founder of the Sultanate of Demak in 1495? Well, the story is long, but this story about the Sultanate of Demak is one of the proofs

that Islamization in the Middle East involves the Chinese theory. Why? Because the founder of the Neman Sultanate, namely Sultan Raden Patah, was believed to be the son of King Brawijaya V, who was the last king of Majapahit, from his wife who was Chinese. So the face of Raden Patah is Chinese.

But why is Raden Patah the son of King Brawijaya who has a Hindu-Buddha religion, a Muslim? Because his mother is a hermit. According to the story that develops, the mother of Raden Patah is a hermit.

King Brawijaya when he found out that King Brawijaya had another wife so protest and then issued an ultimatum, choose me or him. Well, after that

The daughter of Jinan who was married by King Brawijaya who was in a state of labor was sent to Palembang. Sent to Palembang, there was a ruler from Majapahit named Aryodhamar. According to one version, Aryodhamar is the son of King Brawijaya from another wife, but some say he is just his subordinate. Okay, that's the historical version, but women

The Cina who was married by Prabu Brawijaya and bore the child was taken care of by Arya Damar and finally gave birth to a boy who was later given the name of the prince Jinbun. Jinbun means a strong person and that is none other than Raten Patan.

So this is also interesting because it turns out that King Patah is the son of King Prabu Brawijaya, the ruler of Majapahit who is Hindu-Buddhist, but his son is the one who founded the first sultanate in the land of Java. So this is also related to the spread of Islam in the land of Java.

The existence of the Dema or Dema Sultanate by historians is considered as an indicator or a sign that Islam has begun to experience political conflict or there is an integration of the political system, the political system has also happened there. Okay, then the Dema

before becoming a sultanate is a forest named Bintoro or Gelagahwangi that's why many people call it the Bintoro temple because Bintoro refers to the original name before becoming a kingdom or sultanate under the rule of Fatah then according to historians

Ratin Fath arranged a book, which is the Buddha's Juggul, which is a compilation or codification of Islamic law from several Fikih books. This is interesting. Then are there any scholars around Ratin Fath? Well, some say that the daughter of Sunan Ampel, named Nyia Gen Malaka,

There is also a person who calls Nyageng Manila, if Nyageng Manila, does it have to do with the name of the region? We don't know, but there is someone who calls Nyageng Manila, not Nyageng Melaka, was married by the King of Batah. So around the King of Batah there are many scholars, because Sunan Ampel is the ancestor of Wali Songo.

Sunan Ampel has a son, Raden Qasim, who then became Sunan Tirajat, then Sunan Bona, yes, that means the scholars are around Raden Fatah, so if he is not, yes, but during the time of Raden Fatah, he was arranged or there was a modification of the law book

which is a compilation of various stages of the unique character of the pith. This is very interesting. Then according to the story, Radil Fath is the son of the King Brawijaya, right? He asked for permission because the King Brawijaya said this,

"Islamize the land of Java, but don't Islamize me" This story is related to the royal advisors, namely Sabdo Palon and Noyo Genggong, these two people who are still influencing or strengthening King Brawijaya not to join the new teaching brought by Wali Songo and supported by his own son, Rahim Barta.

One version of history states that King Denbatha actually asked the King of Songo to give permission to his own father, King Brawijaya V. Well, Sunan Hampel is the stepfather of King Denbatha, but at the same time, he is the descendant of the King Majapahit, namely Princess Dorowati. Princess Dorowati is a princess from the Champa country.

but then because the Kingdom of Champa was attacked by another kingdom, which according to history is the name of the kingdom is the kingdom of Anam Anam is Vietnam today then those who are Muslims immigrated to Java, coincidentally, the prime minister of Majapahit was Putri Champa, so that King Rahmat, who was named after Sunan Ampel, was well received in

the kingdom of Majapahit because his wife was a Mysore. Now, back to the question, King Dendetata asked the Wali of Songo to Islamize King Brawijaya. After the battle, the decision of Musawarah was that Majapahit would not be attacked before Sunan Ambain died.

But friends, so this is the situation that we can see if we talk about how Islamic law began to exist in the archipelago, especially during the reign of kings, which has changed from a kingdom to a sultanate.