Philosophical sufism and legal culture in nusantara: an epistemological review

Wasitaatmadja, Fokky Fuad and Susetio, Wasis (2020) Philosophical sufism and legal culture in nusantara: an epistemological review. l-Risalah: Forum Kajian Hukum Dan Sosial Kemasyarakatan, 20 (1). pp. 75-86. ISSN 2540-9522

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Abstract

A research on the relation between sufism, sharia, and the local culture is essential for some reasons. First, Islamic philosophy and customary law (or the law of the peoples) are perceived as opposing each other. Second, Islamic philoso-phy, also in Geertz‟s theory, regards Islam merely as the structure of religious or- thodoxy. Third: the structure of Islamic orthodoxy, often portrayed as a highly rig- id one, is often (seen as) conflicting with sufism in the world of Islamic scholar- ship. This paper aims to determine the dynamic relation between the spiritual val- ues of Sufism and traditional values surviving in the so-called Nusantara legal cul- ture. It also elaborates on the extent to which a distinct epistemology typical to su- fism may contribute to enriching the cultural space of Nusantara law. As norma- tive legal research, this paper employs the principle of legal culture developed by Lawrence M. Friedman. It concludes that the spiritual values of sufism are not conflicting with the principles of Islamic jurisprudence. It would also argue that the construction of Nusantara legal culture has a unique character resulted from dynamic interaction of traditional values, on the one hand, and sufism on the oth- er.

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