THE EXISTENCE OF MARRIAGE REGULATIONS IN THE SIMBUR CAHAYA LAW IN THE SULTANATE OF PALEMBANG DARUSSALAM FROM THE PERSPECTIVE OF HAZAIRIN'S RECEPTIO EXIT THEORY

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Novi Pratama

Abstract

The Simbur Cahaya Law is a law that was formed during the Palembang Darussalam Sultanate. This law was formed by Queen Sinuhun during the reign of Prince Sido Ing Kenayan. This law is a combination of Islamic law and customary law. Therefore, the regulations of this law were accepted by many people in Palembang at that time and its existence was recognized during the Palembang Sultanate's reign, even by the Dutch government after the Palembang Sultanate collapsed. Focus andThe purpose of this study is to show how the existence of marriage regulations in the Simbur Cahaya Law can operate in the Palembang Darussalam Sultanate along with its analysis. This study uses a qualitative method, the type of research is library research, using a descriptive analysis approach. The theory used as an analytical tool in this study is Hazairin's receptio exit theory. The results of this study are the existence of marriage regulations in the Simbur Cahaya Law implemented by the Palembang Sultanate in accordance with the receptio exit theory initiated by Hazairin which places Islamic law as a partner of customary law, not Islamic law which must submit to customary law. The reasons for its conformity include; 1). The Palembang Sultanate had previously adopted Islamic teachings into the law and political structure of its power ideology. 2). Its law enforcement was compromised with customary law (adaptive). 3). Strengthening the basis of religion in the sultanate by wrapping it in customs, to free itself from the encroachment of the colonizers.

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