The intersection of customary law and Islam: a case study of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe, Bengkulu Province, Indonesia

Abstract

This article examines the intersection between customary law and Islamic law in the Rejang tribal community, focusing on applying the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. Even though positive law is in force, the Rejang tribe in Rejang Lebong Regency still maintains their customary law, upheld and enforced by jenang kutei or village judges. This article uses normative legal methods by adopting conceptual, comparative and futuristic approaches. The descriptive-prescriptive method is used and collected data is analysed using the content analysis method. The results show that jenang kutei has an active role in solving community problems, not only for the Rejang tribe but all those who interact with them. This article also showcases how customary law applied by jenang kutei interacts with Islamic law, which is also widely followed in this community. It finds that a synergy and harmony between customary law and Islamic law has contributed to society’s harmony. Applying customary law and the role of jenang kutei shows a peaceful settlement of problems, avoiding resentment in society. Using the example of jenang kutei, this article provides valuable insight into how communities can maintain their traditions and customary laws while adhering to their religious teachings.

Keywords:

• Rejang tribe
• customary law
• kelpeak ukum adat ngen ca’o kutei jang
• Islamic law
• Indonesia

REVIEWING EDITOR:

• Heng Choon (Oliver) Chan, Department of Social Policy, Sociology, and Criminology, University of Birmingham, Birmingham, UK

SUBJECTS:

• Islamic Law
• Philosophy of Law
• Religion & Law

1. Introduction

Each community, which consists of various tribes and ethnicities, has a deep relationship with nature and its environment. They form mutual agreements to ensure order in their social interactions (Harahap et al., 2021). This is important because every community has different needs and goals. Without a mutual agreement, potential conflicts of interest may arise and affect the stability of the community. Living in society requires adjustments to existing norms and ethics (Sholahudin, 2016). The way of carrying out social relations in a community is sometimes dynamic but develops over time and changes in socio-culture. At the start of the 21st century, increasing globalization and the development of modern law have brought various challenges and changes to indigenous peoples world This paradox, where the development of society occurs more rapidly than the development of law, is often a concern in the study of law and sociology (Sulistyawan, 2019). This phenomenon reflects the challenges faced by the legal system in keeping up with rapid social change. Indigenous people have strong social and cultural ties, living together in a particular area due to genealogical relationships or links with geographical factors (Thontowi, 2015). However, amid this change and modernization, many communities still maintain their customary law as an integral part of their identity and daily life (Sulastriyono & Pradhani, 2018).

In Indonesia, the importance and presence of customary law communities are enshrined in the State Constitution. Article 18B of the 1945 Constitution clearly stipulates the nation’s acknowledgment and respect for the unity of these communities and their traditional rights, as long as they remain alive and align with the evolving development of the nation, society, and the principles of the Unitary State of the Republic of Indonesia (Perdana & Wijaya, 2021). Within this framework, the Rejang Tribe of Rejang Lebong Regency serves as a prime illustration. Dominating the Rejang Lebong Regency, the Rejang Tribe showcases its age-old history and profound traditions, particularly through the practice of their customary law, Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. Notably, even in regions where positive law is predominant and influenced by a diverse migrant populace, the Rejang Tribe remains steadfast in preserving and implementing their adat law, epitomizing the enduring significance and adaptability of customary law even in today’s modernized settings. Kelpeak Ukum Adat Ngen Ca’o Kutei Jang is a set of customary laws and regulations that guide the life of the Rejang people (Cahyotunte & Adat, 2022). This law offers a framework for resolving various societal problems, ranging from personal disputes to problems involving the entire community. In this context, jenang kutei, or village magistrate, is very important. They act as guardians of customary laws and ensure they are applied fairly and effectively. Not only as a guardian of customary law, jenang kutei also functions as a spiritual leader and mediator in society. They help resolve conflicts and disputes peacefully and tactfully, often through mediation and negotiation, allowing both parties to reach a satisfactory solution (Ellyani et al., 2020). As a predominantly Muslim community, Islamic law also plays a vital role in the daily life of the Rejang people. However, how Islamic law is applied and interacts with the customary law of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang still needs further investigation. Questions about how these communities navigate between these two legal systems and how they deal with potential conflicts and tensions are the main focus of this research. Islam was introduced by bringing a series of Sharia rules that govern life. Muslims are expected to maintain these rules because they believe in Allah and His Messenger (Yusuf, 2017). Assessing how communities maintain and apply their customary law in the context of modern Islamic law provides insight not only into the life of the Rejang people but also into how communities around the world maintain their traditions in an era of globalization and modernization. This can provide a broader understanding of how traditional values and practices can survive and adapt amidst rapid social, political, and economic change (Haba, 2010). Through this study, you will be able to gain valuable insights into the efforts of communities to maintain their cultural heritage while remaining relevant in a contemporary context. This study is essential for providing a deeper understanding of how the local legal system and religion interact and influence each other and how they influence social life and people’s welfare. This study also highlights how applying customary and Islamic laws can contribute to societal harmony. Based on initial observations and interviews with several informants, applying customary law with the role of jenang kutei has created a peaceful and harmonious environment. Problems in society are resolved peacefully, avoiding grudges and prolonged conflicts.

This article uses normative legal methods to understand the encounter between customary and Islamic law in the Rejang community (Effendi et al., 2023). By adopting conceptual, comparative, and futuristic approaches, this study seeks an in-depth understanding of how the two laws interact in the daily lives of the community (Fernando et al., 2022). The nature of the research is descriptive-prescriptive, which means it not only describes the facts but also provides recommendations based on the findings (Fernando et al., 2023). In preparing the theoretical framework, a comprehensive literature study was conducted, covering previous research on customary law, Islamic law, as well as a specific study on the Rejang Tribe and its customary law, Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. The main objective was to build a solid theoretical understanding and formulate relevant research questions. Apart from the literature study, field observations became the main source of information, where the researcher attended and recorded daily activities, ceremonies, rituals, and other practices related to customary law and Islam in the Rejang community. This allowed the researcher to get a more in-depth and authentic picture of how these two laws are applied and acted out in daily life. After the data was collected, the next step was analysis using the content analysis method. Through this method, data was codified, themes were identified, and results were interpreted to draw conclusions and answer the research questions. This whole process is geared towards understanding how customary law and Islamic law interact and how this interaction affects the social life and welfare of the Rejang people.

This study uses a qualitative and ethnographic method to understand the intersection between customary law and Islamic law in the Rejang Tribe community. This method allows in-depth, context-oriented research to understand the nuances and complexities of customary and Islamic law practices in the daily life of these communities. This process began with a comprehensive literature study, in which previous research on customary law and Islamic law and studies on the Rejang tribe and its customary law, Kelpeak Ukum Adat Ngen Ca’o Kutei Jang, were examined in depth. The goal is to build a solid theoretical understanding of the topic and to help formulate appropriate research questions. Furthermore, this study collected primary data through in-depth interviews with key informants in the Rejang community. These informants may include jenang kutei, village judges, and other community leaders (Zada, 2023). This interview was directed to understand their experiences, perceptions, and knowledge about customary law and Islamic law (Nuroniyah & Maula, 2022). Field observations were also carried out to see directly how customary law and Islamic law were applied and carried out in daily life. This involves attending to and recording daily activities, ceremonies, rituals, and other practices related to customary and Islamic law. The data collected was then analyzed qualitatively. This involves coding the data, identifying themes and patterns, and interpreting the results to draw conclusions and answer research questions (Maifizar, 2022). The whole process is directed at understanding how customary law and Islamic law interact and how this interaction affects the social life and welfare of the Rejang people. The research undertaken on the Rejang Tribe community is fundamentally exploratory and descriptive in nature, aiming to shed light on new perspectives and provide a detailed account of the interplay between customary and Islamic laws. Embracing a socio-legal approach, the study seeks to comprehend the nuances of these legal systems within their rich societal context, recognizing that they are intertwined with the community’s cultural and daily practices. The primary data sources, constituting the crux of the study, emerge from in-depth interviews with the tribe’s key figures, including jenang kutei, village judges, and other esteemed community leaders, and are enriched by firsthand observations of ceremonies, rituals, and other pivotal events. This empirical data is complemented by secondary sources, encompassing academic literature, historical records, and pre-existing studies pertinent to the tribe and the respective legal systems. To meticulously analyze the gathered data, a two-pronged method is employed. Firstly, qualitative content analysis is harnessed to sieve through the vast amounts of data, pinpointing patterns and categorizing information based on its pertinence. Subsequently, legal hermeneutics is invoked to delve into and interpret the intricate layers of customary and Islamic laws. This method ensures that every legal issue or ambiguity unearthed in the data is scrutinized, and the inherent meanings and applications are decoded, all while staying rooted in the Rejang Tribe’s unique cultural, historical, and socio-legal fabric.

2. Understanding and application of the kelpeak ukum adat ngen ca’o kutei jang in the Rejang tribe community

One of them that has received significant recognition for its existence and legal traditions is the Rejang Tribe. The Rejang tribe, one of the most ancient tribes in Sumatra, now inhabits most of Bengkulu Province (Ciputra, 2022). According to legend, the Rejang tribe was descended from Sutan Sriduni, who created four influential groups called Mumbai. These four Ketumbai (clan) then developed into various nuclear families, forming large families with a transparent and traceable history and lineage. History records that one coriander usually includes up to nine generations of one family. There are customary rules that prohibit marriage between members of one ketumbai (clan), and if such a marriage occurs, the individual must leave his original ketumbai (clan) and join his partner’s ketumbai (clan) (Ciputra, 2022).

There are various debates about the origin of the Rejang people. One popular version comes from the notes of John Marsden, a British Resident in Lais in 1775–1779. In his report, Marsden told about four Petulai: Joorcalang (jurukalang), Berem Mani (bermani), Selopo (selupu), and Toobey (tubei). Based on several historical data, Rejang walls, and folklore, it is stated that the Rejang people first settled in the Lebong area. Before this area was known as Lebong, this area was known as Renah Sekelawai. The four Kings, or Ajai, initially ruled this region. Ajai Bitang leads the Belabai Lebong hamlet, now part of the IX tribal clan. Ajai Begeleng Mato ruled Kutai Belek Tebo Lebong, now part of the VIII tribal clan. Ajai Siang leads the hamlet of Siang Lekat Lebong, which is now part of the Jurukalang clan. Moreover, King Tiea Keteko reigns in the hamlet of Bandar Agung Lebong, which is now part of the IX tribal clan. From the beginning, the Rejang people were known to have strong customs under the leadership of the Ajai-Ajai (Devi, 2016). The area where the Rejang people live is called “Bumi Empat Petulai,” referring to the four groups led by a leader called “Biku”. The four groups are: Biku Sepanjang Jiwo leads Petulai Tubeui or Tubai, Biku Bermano leads Petulai Bermani or Bemani, Biku Bembo leads Petulai Jekalang or Jurukalang, and Biku Bejenggo leads Bang Petulai Selupue or Selupu. These names indicate that each group has a distinct social identity and function (Pujiastuti, 2017).

The culture of the Rejang people has a vital role in determining their way of life. The values in their culture are reflected in the customary laws they adhere to in social life. In the Rejang community, the customary law is known as Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. If there is a conflict or problem in the community, solving it is given to jenang kutai who acts as a village judge. Jenang Kutai is responsible for resolving every case and upholding customary law. This Rejang customary law applies to all members of the Rejang community without exception. In the Rejang community, there is a principle that states that all problems that occur in the community can be resolved by referring to three customary principles, namely:

1. Temenggung custom

   The customary principle stipulates sanctions or fines based on the level of mistakes or violations committed by a person.

2. Singo rajo custom

   The customary principle emphasizes that the settlement of a problem must be objective, regardless of the background or social status of the offender.

3. Mergageak tiung mergalo 

   This expression describes someone who does not want to accept the blame. This is shown by turning the facts upside down or changing the truth so that, in the end, everything becomes chaotic and challenging to understand.

These tigo persilo customs are principles believed to help the Rejang people solve problems and maintain harmony in the community. By following these principles, each individual can be held accountable for his actions, receive fair treatment, and create a balanced and dignified social life. Before discussing the understanding and application of the Based on the data that has been collected, we can see that there are different understandings in the Rejang community regarding the in addition, the role of the government and traditional stakeholders is also vital in preserving the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe Community, it is better to understand what these customary law clans are. The Kelpeak Ukum Adat Ngen Ca’o Kutei Jang is a customary law that grows and develops in the Rejang people, a tribe that inhabits Bengkulu Province and the western part of South Sumatra Province, this rule consists of 52 rules and 32 customs of the Rejang tribe (Pujiastuti, 2018). In general, this understanding is influenced by various factors, such as educational level, socio-economic background, and level of interaction with outsiders. Several respondents firmly understood this customary law, especially those in rural areas with minimal interaction with the outside community. They consider that the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang is a law that must be applied and obeyed daily. In contrast, respondents who live in urban areas and interact highly with the outside community tend to have less understanding of this customary law. This could be due to the domination of national laws and solid foreign cultural influences in urban areas. Nonetheless, some of them still respect and acknowledge the existence of customary law as part of their cultural heritage.

State authorities do not influence the evolution of customary law. Customary law is developed to maintain specific values, principles, and norms that a legal community believes need to be maintained (Herlambang et al., 2012). Applying the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang also varies within the Rejang community. This customary law is still a reference in resolving problems and conflicts in remote areas. For example, in disputes between families, the community prefers to resolve them through deliberation based on customary law rather than involving national law. However, in urban areas, the application of this customary law has begun to be abandoned. This is due to the influence of national law and a need for more knowledge about customary law. However, some traditional practices are still carried out, such as traditional ceremonies and religious rituals. Through this analysis, we can see that the understanding and application of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe Community is strongly influenced by various factors, such as the neighborhood, level of education and interaction with the outside community. Therefore, to preserve this customary law, efforts are needed to increase public understanding of customary law and the importance of protecting this cultural heritage (Inayah, 2023).

In Rejang customary law, there are a series of norms that regulate the various actions of the community. These norms include commands and prohibitions that reflect the values and culture of the Rejang people. These values include: “Bemaling, Menebo, Tikam, Sigar Kulit, Cucuk Kulit, Mea Bayang Daleak, Iram Coa Bedaleak, Iram Bedaleak, Tukak Takek Kukuk, Membalew, Cido Celako, Kejujung Tenggak, Mendaur Tenggak, Samun, Upet, Dawa, Sumbang, Johong Permayo, Mbut, Tambang, Pacas Poncong, Tepeket, Kerineak” (Herlambang et al., 2012).

1. Bemaling

   A practice in which a man takes a woman away to marry her without the permission of the woman’s parents but with the knowledge of the woman’s immediate family.

2. Menebo

   The practice whereby a man takes a woman away without the permission or knowledge of the woman’s parents or community for marriage or other purposes.

3. Tikam

   The practice of attacking another person with a sharp weapon causes injury or death.

4. Sigar Kulit

   Hitting other people results in scars (swelling or lumps) but not bleeding.

5. Cucuk Kulit

   The practice of stabbing other people resulted in deep wounds and bleeding.

6. Mea Bayang Daleak

   The practice of hitting another person which leaves a mark in the form of a bruise on the part of the body that was hit, but without bleeding.

7. Iram Coa Bedaleak

   The practice of hitting other people leaves a scar in the form of swelling or a lump filled with bruises on the part of the body that was hit, but without bleeding.

8. Iram Bedaleak

   The practice of hitting another person which leaves a scar in the form of a swelling or lump filled with bruises on the part of the body that was hit and caused the other person to bleed.

9. Tukak Takek Kukuk

   The practice of hitting or stabbing others results in festering wounds.

10. Membalew

    The practice of hitting other people leaves bruises without bleeding.

11. Cido Celako

    Hitting or stabbing another person results in loss or damage to the senses, limbs, or permanent disability.

12. Kejujung Tenggak

    The practice of hitting another person results in permanent facial injury or damage to the senses on the face.

13. Mendaur Tenggak

    Hitting another person in the neck or head causes nerve damage.

14. Samun

    The practice of taking other people’s property by seizing it with violence.

15. Upet

    The practice of spreading slander or gossip about a particular person or group.

16. Dawa

    The practice of accusing someone of a disgraceful act that the person did not commit.

17. Sumbang

    If someone commits an immoral act or people think that there has been aan immoral act or an act that is unfit or inappropriate in the eyes of society, relating to the relationship between a man and a woman who are not bound by society’s view, relating to the relationship between a man and a woman who are not bound by marriage relationship between a man and a woman, who are not bound by marriage, a younger sibling and an older sibling, a son-in-law and a mother-in-law, between brother and sister-in-law of different sexes, between children and their parents of different sexes.

18. Johong Permayo

    If a person feels hurt towards another person and wishes to endanger or take the opponent’s life by performing witchcraft, either directly or through an intermediary.

19. Mbut

    If someone takes another person’s property by force, trickery, or under the pretext of borrowing but then runs away or takes the item away and does not return it to the owner.

20. Tambang

    If someone finds their lost belongings at someone else’s place, the person who controls the item cannot explain the origin of the item or prove that the item is his or borrowed from someone else.

21. Pacasponcong

    If a person out of envy damages or cuts down or makes a plant that is on the ground either in the yard or in a garden belonging to another person, which causes the plant to be cut down. On the ground, either in the yard or in the garden, belonging to another person, with the result that the plant is damaged or dies, without the permission or knowledge of the owner, and without witnesses.

22. Tepeket

    If a person is caught taking, selling, or transferring goods belonging to another person and does not dispute his actions, whether or not the goods have changed hands to a third person.

23. Kerineak

    If someone unknown by a community or village lives in a place and does not report his whereabouts to local leaders, and commits detrimental actions.

The followings are some similarities and analyses between the customary law of the Rejang tribe and Islamic law:

1. Bemaling and Menebo

   Under Islamic law, every marriage must be performed with the consent and knowledge of the woman’s parents. Marrying someone without the permission of their parents (guardians) is considered illegal. This is similar to the practice of Bemaling and Menebo in the customary law of the Rejang tribe.

2. Tikam, Sigar Kulit, Cucuk Kulit, and other hitting practices

   Islam strictly prohibits physical violence against other people. This is in line with the customary law of the Rejang tribe, which also prohibits these violent practices.

3. Samun

   Islam strictly prohibits stealing or seizing other people’s property, just like the customary law of the Rejang tribe, which also prohibits the practice of Samun.

4. Upet and Dawa

   Islam teaches its people to be honest and not spread slander. This is similar to the practice of Upet and Dawa in the customary law of the Rejang tribe.

5. Sumbang

   In Islamic law, relationships and interactions between individuals are clearly defined to ensure moral and ethical behavior. Intimate relations outside marriage are known as “zina” and are strictly prohibited. Casual interactions between men and women who are not mahrams should be conducted with courtesy and distance. While there are some exceptions, such as the relationship between sons-in-law and in-laws, Islam teaches to always maintain boundaries and promote respect in all interactions, both within the family and outside of it.

6. Mbut and Tambang

   Islam emphasizes the importance of safeguarding the property of others and opposes fraud or taking other people’s property without rights. This is in line with the customary law of the Rejang Tribe, which prohibits the practice of Mbut and Tambang.

7. Pacasponcong

   Islam teaches the importance of protecting the environment and not destroying it. This is similar to the customary law of the Rejang tribe, which prohibits the practice of Pacasponcong, namely destroying or cutting down other people’s plants.

While there are many similarities, it is important to remember that customary law and Islamic law differ in many aspects, including in law enforcement and sanctions. In many parts of Indonesia, customary law and Islamic law often complement each other. Here are some examples of the application of Islamic law derived from the Quran and Hadith in the daily lives of the Rejang Tribe:

1. Wedding

   In the Quran (Surah An-Nisa: 4), it is emphasised that in marriage, a dowry must be given from the man to the woman. This is in line with the marriage customs of many tribes in Indonesia, including the Rejang tribe, which stipulates dowry in marriage.

2. Property Protection

   In the Quran (Surah Al-Baqarah: 188), it is explained that it is forbidden to eat other people’s property unlawfully. This is consistent with the customs of the community, such as in the Rejang tribe, where there are sanctions for those who commit theft or control other people’s property.

3. Keep Honor

   In the Hadith narrated by Bukhari and Muslim, Rasulullah SAW said, “Whoever guards what is between his chin (his tongue) and what is between his legs (his genitals), I guarantee he will enter heaven.” This aligns with the community’s custom, prohibiting immoral acts, slander, and false accusations.

4. Maintaining Community Unity

   The Hadith narrated by Muslims says, “A Muslim is the brother of another Muslim, he does not wrong him, does not give him up. Whoever is in the needs of his brother, Allah will always be in his needs.” This is in line with the community’s customs which govern relations between community members and protect their rights.

In applying customary law, the community must also ensure that these customs do not conflict with Islamic teachings. Islam and customary law can go together as long as there is no conflict. If there is a conflict, then Islamic law must be prioritized because, as Muslims, Islamic teachings are the primary way of life.

In addition, the role of the government and traditional stakeholders is also vital in preserving the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. The government can play a role in integrating these customary laws into the national legal system and providing space for the Rejang people to apply their customary laws. Meanwhile, customary stakeholders can play a role in disseminating knowledge about customary law and maintaining the continuity of customary practices in society.

Following are some of the arguments of the Al-Quran and Hadith related to the role of the government and traditional stakeholders in preserving laws and customs:

1. Government Role

   Al-Quran (Surah An-Nisa: 58) states, “Indeed, Allah orders you to convey the mandate to those who are entitled to receive it, and when you establish laws between people so that you determine fairly…” In this paragraph, the government has an important role in applying the law fairly, including integrating customary law into the national legal system.

2. The Role of Traditional Stakeholders

   A Hadith narrated by Abu Dawood states, “Each of you is a leader and each of you is responsible for what he leads…” In this context, customary stakeholders are responsible for maintaining and preserving customary law and disseminating knowledge about customary law in society.

It should be emphasized that no provision in Islam prohibits using customary law as long as it does not conflict with Islamic teachings. Therefore, the government and customary stakeholders must always ensure that there are no practices contrary to Islamic teachings in preserving customary law.

Efforts to maintain customary law are faced with several challenges. First, there is a downward trend in the understanding and application of customary law among the younger generation. This is due to several factors, such as the influence of foreign cultures, social mobility, and increased access to formal education that tends to teach national laws. Second, there are challenges in integrating customary law into the national legal system. Although the Indonesian constitution recognises the existence of customary law, there still needs to be clarity when there is a conflict between customary law and national law. To overcome this challenge, systematic and coordinated efforts are needed. First, there needs to be a special education programme on customary law for the younger generation. This programme could be integrated into the school curriculum or through extracurricular activities. Secondly, intensive dialogue and cooperation between the government, customary stakeholders, and the community are needed to integrate customary law into the national legal system. Through this dialogue and cooperation, a fair and appropriate solution can be found for all parties. In addition, the role of the government and customary stakeholders is crucial in preserving the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang tribal community, which reflects the socio-cultural dynamics of the Rejang people. Despite facing various challenges, this customary law still holds an important position in the lives of the Rejang people. Therefore, efforts are needed to preserve this customary law as part of the nation’s identity and cultural heritage.

In the end, understanding and applying customary law is not only about protecting traditions and cultural heritage but also about creating a harmonious and just social order based on local values that have grown and developed for centuries in society (Lestarini et al., 2018). Therefore, let us respect and preserve customary law as part of the wealth and identity of the Indonesian nation. A customary law community is an entity consisting of individuals who are in one customary territory and have autonomy. They design and self-manage vital aspects of their lives, including law, politics, and the economy (Reumi, 2018).

As part of the solution, understanding and knowledge of customary law should be considered an essential requirement that needs to be included in formal education. In addition, traditional leaders and community leaders also need to strengthen their role in maintaining and promoting this knowledge to younger generations. These efforts will be important to maintain the relevance and sustainability of customary law in modern society. It is also important to understand that customary law does not conflict with national or international law. Rather, customary law and national law can and should be placed within complementary frameworks. The right mechanism to accommodate both would require an in-depth and transparent dialog between the various parties involved, including the government, customary stakeholders, legal communities, and the general public. It should also be emphasized that while the challenges in understanding and applying customary law among Rejang communities are considerable, there are also significant opportunities. Rejang people, like many other indigenous communities in Indonesia, have a wealth of traditional knowledge and cultural practices that, if properly respected and maintained, can make a significant contribution to sustainable development. In this context, customary laws such as Kelpeak Ukum Adat Ngen Ca’o Kutei Jang can be important tools in natural resource and environmental management, conflict resolution and communal identity formation.

With a better understanding of these customary laws, the Rejang people can participate more effectively in making decisions that affect their lives and defend their rights as an indigenous community. The understanding and application of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe Community is a complex process that involves various parties and various levels of knowledge and understanding. Even though the challenges are significant, with joint and continuous efforts, the understanding and application of this customary law can be continuously preserved and strengthened. Furthermore, these customary laws can serve as an essential foundation in shaping and maintaining the identity, values , and cultural heritage of the Rejang people for generations to come.

3. Islamic law in the daily life of the Rejang tribe

The Rejang Tribe Community, which is one of many tribes in Indonesia, has unique characteristics in terms of the interaction between traditional traditions and religion, in this case, Islam. This study investigates how Islamic law is practiced in the daily life of the Rejang people and the relationship between Islamic law and local customs. Islamic laws and teachings heavily influence the daily life of the Rejang tribe. As in many other Muslim communities, important aspects, such as worship, marriage, divorce, inheritance, and many more, are governed by Islamic law (Hastati, 2018). However, what is interesting about the Rejang community is how they have combined Islamic law with their local customs. For example, regarding marriage, the Rejang people follow Islamic law. However, they also have certain traditional traditions that must be fulfilled, such as bridal processions and other customary procedures. This is an example of how Islamic law and local customs interact and complement each other in the daily life of the Rejang people. This reflects the flexibility and inclusivity of the Rejang community in adopting new elements into their legal system and culture. They respect and adhere to Islamic law while maintaining and celebrating their adat traditions. This shows how laws and customs can adapt and change over time,

However, there are also challenges in this interaction. For example, there are cases where Islamic law and local adat appear to conflict with each other. In this case, the people of Rejang usually try to find a compromise or a solution that can satisfy both sides (Akar Global Inisiatif, 2023). This requires dialogue and negotiation between community members and religious and customary leaders. This analysis shows that Islamic law plays a vital role in the daily life of the Rejang people. However, there are other legal systems they follow. The Rejang tribe have also remained true to their customary laws and traditions and have found ways to incorporate both legal systems into their daily practices.

This research shows how law, religion, and custom can interact and influence one another in multicultural and multi-religious communities such as the Rejang Tribe. Furthermore, this research shows how communities can adapt and interpret religious laws and teachings to meet local needs and conditions. For example, the Rejang people have adapted some aspects of Islamic law to work in their customary context. As in the context of marriage, the Rejang community has adapted to the provisions of Islamic law. As explained in the Quran (Surah An-Nisa: 4), in a marriage, a man is required to give a dowry to a woman. This is in accordance with the Rejang marriage tradition, which also emphasises the giving of dowries. Furthermore, principles such as honesty, integrity, and avoiding harmful actions, which are derived from Islamic teachings, have been adopted and applied in the daily practices of the Rejang people. This shows how religious and traditional values can collaborate and complement each other in people’s lives. They have shown flexibility and creativity in building religious and customary law relationships. Another aspect that deserves attention is the role of community leaders, both religious and customary leaders, in interpreting and implementing the law.

In many cases, they mediate between these two legal systems and play a vital role in striking a balance between them. They act as guardians of tradition and interpreters of the law, helping people understand and apply it. However, challenges also exist. Sometimes there are conflicts between Islamic and customary law, and finding a solution that satisfies both can be complex and arduous. In situations like these, careful dialogue, discussion, and negotiation are needed to strike a balance and ensure that the rights and freedoms of all parties are respected. In addition, there are also challenges in applying the law in practical situations.

Overall, this research provides an in-depth look at how Islamic law is applied in the daily life of the Rejang people and how this law interacts with local adat. This research shows the complexity and dynamics of the relationship between law, religion, and custom in a multicultural and multi-religious society. In addition, this research also shows the importance of dialogue and negotiation in resolving conflicts and achieving a balance between various legal systems. This shows that fair and sustainable solutions are usually found through discussion and negotiation, not coercion or strict law enforcement. Finally, this research emphasizes the importance of a deep understanding of local law and traditions in applying the law in a practical context. This is an essential skill for community leaders and community members in general. Thus, this study shows that the Rejang people have a unique and flexible approach to Islamic and customary law. They have shown that law and custom are not two opposing systems but can work together and interact with each other in productive and harmonious ways.

This interaction reflects the cultural richness and diversity of the Rejang people, as well as their skill in navigating between tradition and modernity, between religion and custom. They have demonstrated that religious or customary law is not rigid and unchanging but can adapt and evolve to meet societal needs and challenges. It also shows the importance of dialogue and negotiation in resolving conflicts and finding solutions to problems. Conflicts between religious and customary laws are common in multicultural and multi-religious societies. However, through dialogue and negotiation, the Rejang people have shown that this conflict can be resolved in a fair and respectful manner. Therefore, this research provides a valuable picture of how Islamic and customary law can interact in a multicultural and multi-religious society. By understanding these dynamics and interactions, we can better understand how people like the Rejang navigate between religious and customary laws in their daily lives. In the context of Rejang society, the integration between Islamic law and customary law illustrates how two legal frameworks can coexist and collaborate with mutual recognition and respect. This illustrates the dynamic interaction between tradition and religion in creating sustainable social harmony. Beyond just showing the uniqueness of the Rejang people, it provides important lessons about diversity, tolerance, and inclusivity in a diverse and multicultural society. Through this research, we can learn how laws and customs can adapt and evolve to meet societal needs and challenges. This shows that law, be it religion or custom, is not rigid and unchanging but dynamic and flexible that can adapt to changing conditions and situations.

4. The synergy between the kelpeak ukum adat ngen ca’o kutei jang and Islamic law

Rejang customary law implemented by the Rejang Lebong District Customary Consultative Body (BMA) has resolved nine cases of violations since January 2023. Some of these involved cases of infidelity in Babakan Baru Village, house stoning in Jambu Keling Village, and theft in Curup District. The sanctions given according to customary law vary, ranging from fines to lashes. Interestingly, the Rejang Lebong Police also entrusted the handling of five other cases to the BMA, one of which was the theft of heirlooms belonging to the BMA Rejang Lebong Museum. As punishment, three perpetrators were asked to slaughter three goats. However, due to economic considerations, they were only asked to hand over the goat’s head and liver and make a statement not to repeat their mistakes (Muhamad, 2023). The synergy between Rejang customary law and Islamic law can be seen through a series of cases handled by the Rejang Lebong District Customary Consultative Body (BMA). Rejang customary law, like many other customary laws in Indonesia, emphasizes respect for local traditions and cultural values. Meanwhile, Islamic law emphasizes the principles of justice, moral considerations, and law enforcement in accordance with Islamic teachings. In the case of infidelity in Babakan Baru Village, customary law may see a violation of the values of honor and fidelity in marriage. On the other hand, Islamic law also prohibits adultery and emphasizes the importance of maintaining personal and family honor. Therefore, these two laws are in line with seeing infidelity as a serious offense that needs to be sanctioned. The case of house stoning in Jambu Keling Village shows a violation of social norms and community order. In the context of Rejang customary law, the house is a sacred symbol that signifies family peace and harmony. Disturbing the peace of the house means disturbing social harmony. In Islamic law, respect for property rights and the honor of others are basic tenets, so the act of stoning a house can also be seen as a violation of these principles. In the case of the theft of heirlooms belonging to the BMA Rejang Lebong Museum, Rejang customary law may see it as a violation of the cultural and spiritual heritage of the Rejang people. Heirlooms have high spiritual and historical value for indigenous people. In Islamic law, theft is one of the major sins that is prohibited and needs to be punished accordingly. The customary punishment in the form of goat slaughter reflects restorative efforts, namely restoring the situation to its original state and providing compensation to the community. In addition, customary law gives the perpetrator the opportunity to atone for his or her wrongdoing through the slaughter of a goat, a form of compensation also known in Islamic law as “diyat” or ransom. The emphasis on repentance, as embodied through the letter of intent, is also in line with Islamic teachings on repentance. In synergy, Rejang customary law and Islamic law complement each other. Both emphasize justice, respect for tradition, and upholding social norms. The application of these two laws together creates a more harmonious and just social order for the people of Rejang Lebong.

The above concrete example shows how customary law is still relevant and respected in several communities in Indonesia. Although modern legal systems have developed and are widely used throughout the country, many communities still retain their customary laws to settle disputes and internal conflicts (Tolkah, 2021). Conflict resolution through customary law, as happened in Rejang Lebong Regency, shows how important it is to maintain local traditions and culture in dispute resolution. The customary law system is often better understood and accepted by local communities because it is rooted in their traditions and culture.

Like many other societies in Indonesia, the Rejang tribe live in a blend of customary and religious law. They have their customary law system, known as Kelpeak Ukum Adat Ngen Ca’o Kutei Jang, which has existed since ancient times. As time progressed and the influence of Islam grew more robust, they also began to adapt and apply Islamic law in their daily lives.

In the beginning, there were some clashes and conflicts between the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang and Islamic law. Some rules and practices in customary law conflict with Islamic law and vice versa. However, over time, the people of Rejang have found a way to achieve synergy and harmony between the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang and Islamic law. They have undertaken a process of reinterpretation and adaptation of their customary law rules and practices to ensure that they comply with the principles and teachings of Islamic law. They have also conducted negotiation and mediation processes to resolve conflicts and disputes that arise. This does not mean the conflict and tension between the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang and Islamic law have been eliminated. However, through dialogue and negotiation,

In customary law, it is essential to respect the authority and customary rules the community sets (Hessbruegge, 2012). This principle is in line with Islamic teachings as shown in the Qur’an in Surah An-Nisa (4:59), which reads:

“O believing tribes, obey Allah and obey the Messenger (His), and Ulul Amri among you. Then if you differ on something, then return it to Allah (Al Quran) and His Messenger (Sunnah), if you are right – truly believe in Allah and the Last Day. That is more important (for you) and better the consequences.”

Customary law often focuses on communal harmony and solidarity between community members. This concept is often parallel to the teachings of the Hadith, such as the Hadith narrated by Imam Bukhari and Muslims, which states:

“A Muslim tribe is a brother to other Muslims. He did not oppress him, did not neglect him, did not lie to him, and did not belittle him.”

The two examples above show how customary law and Islamic law can complement each other. However, conflicts can also arise, especially if aspects of customary law conflict with Islamic teachings. In this case, dialogue and discussion are needed to find a solution that best meets the community’s needs and remains faithful to Islamic teachings. All of this will depend on the specific dynamics and context of the community itself.

This analysis illustrates that Rejang society is an effective illustration of how two legal frameworks can collaborate and coexist in one social environment. This shows that law, be it custom or religion, is not rigid and unchanging but dynamic and flexible that can adapt to changing conditions and situations. This also shows that conflicts and clashes between customary and religious law are not insurmountable but can be resolved through dialogue, negotiation, and mediation. Of course, this requires a deep understanding of both legal systems and a willingness to dialogue and negotiate. However, with enough effort and commitment, the people of Rejang have shown that the synergy and harmony between the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang and Islamic law are not impossible.

In some cases, the two legal systems complement each other. For example, customary law often emphasizes reconciliation and restoration of relations in dispute resolution, while Islamic law emphasizes upholding justice. The two legal systems can collaborate to reach a just and harmonious settlement (Abdurrahman 2015). Even so, we must admit that this integration process takes work. Various challenges and obstacles must be faced, ranging from differences in views and values to resistance from some community members. Therefore, the people of Rejang need to continue to have dialogue and discussion, to understand and appreciate the differences between these two legal systems, and to find creative and innovative ways to integrate them into their daily lives.

Meanwhile, this research also has important implications for the government and legal institutions. This shows that the application of law cannot be done in a monolithic and top-down manner but must pay attention to and respect the diversity of laws and cultures in society. It also shows that solutions to legal conflicts and clashes do not always have to be sought in the law itself but can also be found in inter-community dialogue and negotiations. Finally, this research also shows that there is room for more research and discussion on how people in Indonesia and elsewhere can integrate and interact with the various legal systems that apply in their society. Furthermore, this indicates that customary law and religious law do not have to be seen as opposites but can complement each other and work together to shape a more just and harmonious society. In short, the people of the Rejang Tribe have shown us that with understanding, dialogue, and negotiation, synergy and harmony between the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang and Islamic law is not only possible but can also achieve a higher goal, the creation of a more sustainable society. More just, harmonious, and inclusive.

The relationship between adat and Islam has given rise to various forms of religious expression that reflect traditional teachings and expressions of traditional rituals that reflect Islamic teachings. Interaction and mutual influence produce a unique and distinctive synthesis of culture and religion. This process occurs when Islam meets and interacts with local cultures where Islam develops (Syah, 2016). For example, in Indonesia, many local cultures existed long before the arrival of Islam, such as the culture of the Rejang, Javanese, Bugis, and others. Islam, as a universal religion, does not come to destroy local culture but seeks to dialogue and interact with the local culture. This dialogue process involves a dialectic or conflict between universal Islamic teachings and particular local culture. However, this conflict is not destructive but rather a conflict that creates a creative and dynamic process, producing a distinctly Islamic culture. This distinctive Islamic culture is not Arabic but a local culture that has been absorbed and adapted to Islamic teachings. For example, in Minangkabau culture, there is the concept of “adat with sharak, sharak with Kitabullah,” which means that adat adheres to sharia, and sharia adheres to the Qur’an. Minangkabau customs do not conflict with Islam but try to be adapted and integrated with Islamic teachings (Aziz et al., 2020). Therefore, in Indonesia, we can see various forms of Islamic culture, such as gambus music, which is an adaptation of Arabic music, wayang kulit, which tells stories in Islam, and many more. All of this is the result of a dialogue between Islam and local culture. This process shows that Islam is a flexible religion and can be accepted by various cultures in the world. Conversely, local cultures can also accommodate and dialogue with Islam. This also shows that culture and religion are not opposites.

5. Conclusion and suggestions

The customary law of Kelpeak Ukum Adat Ngen Ca’o Kutei Jang is an essential element in the daily life of the Rejang people. This law covers various social and cultural aspects, from social structure, inheritance law, marriage, and traditional ceremonies. The Rejang people deeply understand and apply this customary law and value it as an essential part of their identity. Islamic law also plays a vital role in the daily life of the Rejang people. In some cases, there is harmonization and synergy between customary law and Islamic law. A clear example is the arrangement for the division of inheritance, where customary law and Islam have similarities. While there are many synergies, there are potential conflicts between customary and Islamic law. This conflict often occurs when there are provisions in customary law that have the potential to conflict with Islamic law. An example is the prohibition of marrying in one ketumbai (clan). Nonetheless, the Rejang people have shown adaptability in navigating and resolving these conflicts. Hadith and the Quran provide essential guidance for the Rejang people in various aspects of their lives, including balancing the practice of customary law and Islamic law. Correct understanding and interpretation of these two sources of Islamic law can assist communities in resolving conflicts and seeking agreement. Overall, this research shows that the people of the Rejang tribe can balance customary law and Islamic law. Despite challenges and conflicts.

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No potential conflict of interest was reported by the author(s).

Additional information

Notes on contributors

Sirman Dahwal

Sirman Dahwal, born in Kerinci on 18 September 1964, completed his law degree at the Faculty of Law, Andalas University, in 1988, continued his master’s degree in law in the Postgraduate Program and completed it in 1997 and obtained his doctorate in law in 2011 at the Brawijaya University postgraduate program. A lecturer at the Faculty of Law, Bengkulu University, specialising in Islamic civil law. The author can be contacted through phone [phone], email: [email protected]

Zico Junius Fernando

Zico Junius Fernando was born in Curup on 7 June 1990, and the best and fastest graduate in the Bachelor of Law Program in 2012 and the Post-Graduate Program in the Master of Law at the Faculty of Law, the University of Bengkulu in 2013. He has been pursuing his Doctoral degree in the Faculty of Law Diponegoro University since 2021. Has field experience, whereas worked as an Advocate/Legal Consultant with various cases. Most of the research focuses on criminal law and anti-corruption. The author can be contacted through phone [phone], email: [email protected]. For further publications of the Author can be accessed through Id Scopus. 57813059100, Id Sinta. 6723786.