Legal Literacy - The history of interaction between customary law and Islamic law in Indonesia has been marked by profound theoretical debates, especially during the colonial era. One of the most fundamental discourses is represented by two conflicting theories: The Theory of Receptio in Complexu and The Theory of Reception. Understanding these two perspectives is key to tracing the trajectory of Islamic law's position within Indonesia's national legal system.

The content of the theory of Receptio in Complexu

The Theory of Receptio in Complexu was put forward by a Dutch legal scholar, Lodewijk Willem Christiaan van den Berg (L.W.C. van den Berg). Essentially, this theory states that for Indonesian communities who embrace Islam, the law applicable to them is Islamic law in its entirety.

According to Van den Berg, this reception occurs automatically and comprehensively (in complexu) as individuals or communities adopt Islam. The basis of his arguments includes:

  • Sociological-Historical Aspect: Since the early spread of Islam in the Nusantara archipelago, communities embracing Islam consciously subjected themselves to the rules of their religion, including in the legal domain.
  • Completeness of Legal Sources: Islamic law possesses comprehensive legal sources, ranging from the Qur'an, Sunnah (Hadith), to ijtihad of the ulama, which are considered capable of addressing various life issues.
  • Integration with Customary Law: In practice, Islamic law acculturates with local customary law, however, this does not mean that Islamic law loses its authority.