東南アジア -歴史と文化-
Online ISSN : 1883-7557
Print ISSN : 0386-9040
ISSN-L : 0386-9040
17世紀のアチェ王国における法統治について
土着の法慣行とイスラム法の係わりを中心として
井東 猛
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ジャーナル フリー

1985 年 1985 巻 14 号 p. 44-66

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In the study of Islamization, main interest of research has centred upon the questions as to when Islam came, from where and by whom it was brought to the region, and upon particular Islamic mystical teachings. Studies of these problems in the last one century have certainly presented us with new findings related to the Islamization of Southeast Asia in general. However, this does not mean at all that the question of the Islamization of the region has conclusively been solved. In fact, little is known about the establishing process of the Islamization or the position of Islam in various Islamic states in the region.
The overall, establishing process of the Islamization may be studied from two view-points, apart from those mentioned above. One concerns the acceptance in indigenous society or state of Islam as religion and creed, and the role played by the rulers or state in its acceptance. The other is the acceptance of Islamic Law in the existing legal system, or the Islamization of the legal system of a given state.
This paper aims to look at the administration of law and justice in seventeenth century Aceh as a case study of the establishing process of the Islamization from the latter point of view. As necessary background information for a better understanding of the present theme, the following may be noted.
It is known that Bandar Aceh, the capital of the Sultanate of Aceh, presented the appearance of one of the major centres of Islamic studies in the Malayo-Indonesian world from the last quarter of the sixteenth century onwards. As a result of this, by the end of the century, at the latest, Islamic Law had become an established force, and consequently the prescriptions of Islamic Law had begun to exert their influence on the Acehnese, particulary on those in the capital. As for the relationship between Islam and the state, the Acehnese rulers used Islam to assert their ritual authority and supremacy. Just as Islam helped the rulers, the rulers also helped Islam by raising it to the position of a state religion, by supporting its institutions and by raising the clergy to influential positions.
The present theme is divided into three. Section I takes up the legal system of the Sultanate. Section II examines various cases and punishment, both ‘criminal’ and ‘civil’ in nature. Section III looks at the royal edict of 1726 which offers how the Acehnese of the eighteenth century regarded the administration of law and justice in the seventeenth century.
As a result of research, it can be concluded that Islamic Law exerted considerable influence upon the administration of law and justice through the efforts and influence of the senior religious figures of the realm, who were the rulers' religious and spiritual preceptors. This was particularly true for Acehnese social and family life in the urban area of the capital. The implementation of Islamic Law can be easily observed in a number of actual cases. In fact, the ruler as head of an Islamic state, and Islam as both creed source of law were inseparably linked, the ruler playing a central part in the judicature. Nevertheless, the Islamic legal system as such occupied a secondary position in the overall legal system of the Sultanate. The will, and often whim, of the sovereign was, in effect, the prime and ultimate law of the Sultanate, and administrative practices based on such precedents, i. e. the will of ruler, came in time to be regarded as ‘adat’ in the eyes of the Acehnese of the capital, ‘adat’ as ruler-made unwritten law and not traditional customary law and practice which have been defined as adat law by Dutch legal scholars. Furthermore, the degree of the rulers as law-givers and of the enforcement of Islamic Law largely depended on their political authority and religious conviction. As for the Kadi Malik al-'Adil as the representaive of the rulers, this position may perhaps best be seen as the head of the leg

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