Challenges to the Theory Reception

Van den Berg's Theory faced strong challenges from Cornelis van Vollenhoven, who then put forward The Theory of Reception (Reception Theory). This theory offered a contrasting view:

Islamic law only has legal force and applies to society if the rule has been accepted (received) and becomes part of customary law local.

In other words, customary law is the primary law. If a rule in Islamic law is not aligned with or has not been absorbed by customary law, then that Islamic rule has no binding force. This Reception Theory was subsequently adopted as official legal policy by the Dutch East Indies government and had a significant influence on legal practice at that time.

Implications and Historical Legacy

The debate between these two theories has left a legacy that is still felt today in the Indonesian legal system.

  • Religious Courts: The existence of Religious Courts reflects the state's recognition of the specific legal needs of Muslims in certain areas (such as marriage, inheritance, and waqf), which aligns with the spirit of Receptio in Complexu Theory. This field is known as ahwal al-syakhsiyyah (family law).
  • National Law Development: Efforts such as the Compilation of Islamic Law (KHI) can be seen as a middle ground, where Islamic legal principles are formally "received" into national positive law to have binding force equivalent to other laws.
  • Social Acceptance: Sociologically, Receptio in Complexu Theory remains relevant to describe the views of many Indonesian Muslims who consider Islamic law an integral part of their identity and life guidance.