Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: https://doi.
org/10.
19105/al-lhkam.
Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript Nur Fadhilah Mappaselleng Universitas Muslim Indonesia.
Makassar.
Indonesia email: nurfadhilah.
mappaselleng@umi.
Abd Kadir Ahmad National Research and Innovation Agency (BRIN).
Jakarta.
Indonesia email: abdk003@brin.
Sitti Arafah National Research and Innovation Agency (BRIN).
Jakarta.
Indonesia email: sitt003@brin.
Abd.
Karim National Research and Innovation Agency (BRIN).
Jakarta.
Indonesia email: abdk001@brin.
Zul Khaidir Kadir Universitas Muslim Indonesia.
Makassar.
Indonesia email: zulkhaidirkadir@umi.
Article history: Received: February 08, 2025.
Accepted: March 19, 2026.
Published: June 30, 2025 Abstract:
In the Makassar community, some of the customary legal norms are preserved in the Makassaarsche Chrestomathie, a manuscript compiled by B.
Matthes in 1860.
This article aims to explore how the Makassaarsche Chrestomathie manuscript addresses cases of homicide, adultery, and inheritance, and how the formulations and substantive contents of those customary legal norms are integrated with Islamic law.
This study adopts a philological approach, employing interviews and document Author correspondence email: nurfadhilah.
mappaselleng@umi.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2026 by Al-Ihkam: Jurnal Hukum dan Pranata Sosial Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript analysis as data collection methods.
Content analysis and qualitative analysis are used to interpret the findings.
The study reveals that: First, the manuscript outlines specific customary including puli .
etaliatory and sapu .
aying homicide, sikatinroang .
leeping togethe.
in the context of adultery, and tawa rua .
en and women have an equal shar.
regarding inheritance.
Second, there are both substantive and normative integration between customary law and Islamic law, although each retains its own distinctive features and conceptual Concepts puli and sapu indicate parallel Islamic qiA and diyah concepts.
Sikatinroang has the same meaning as adultery or zinA in Islamic law.
However, there are differences between customary law in inheritance distribution, which recognizes equal status between men and women, while Islam recognizes the concept of proportion.
Keywords:
Makassaarsche Chrestomathie.
Customary law.
Islamic law.
Integration of customary and Islamic law Introduction The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) represents a paradigm shift in the Indonesian criminal justice system.
One of the key pillars of this change lies in Article 2, which explicitly recognizes the existence of "living Living law in the Criminal Code refers to customary law, which in Makasar, remains alive and is adopted as a norm by the local Makassar customary law is documented, among other things, in the Makassaarsche Chrestomathie Manuscript.
The manuscript is categorized as ancient and considered a valuable cultural artifact of ancestral heritage.
It preserves historical knowledge, legal traditions, and past societal values.
Makassaarsche Chrestomathie Manuscript encompasses a broad range of legal themes, including homicide, morality, theft, trade, compensation, labor relations, and inheritance.
Among these, homicide, adultery, and inheritance are selected for deeper analysis in 1 Safoan Abdul Hamid.
AuPenerjemahan Manuskrip di Lombok: Suatu Usaha untuk Memahami Nilai Budaya Sasak,Ay Mabasan 7, no.
: 75Ae83, https://doi.
org/10.
62107/mab.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
this paper due to their contemporary relevance in society.
Discussions about murder are crucial for reaffirming human rights and the limits of law enforcement.
The issue of adultery is now relevant, given the changing views of the younger generation regarding moral commitment and various new challenges facing the family institution.
Inheritance issues are particularly relevant because they concern economic security and strategies for preventing family conflict and ensuring equitable wealth distribution.
Each issue is examined through the dual lens of customary law and Islamic law.
Besides, this ancient manuscript is considered a valuable cultural artifact of ancestral heritage.
It preserves historical knowledge, legal traditions, and past societal values.
Matthes is a Dutch theologian and Arabic linguist who not only collected scattered manuscripts from Bugis or Makassar communities but also initiated the standardization of the Lontara script for Bugis and Makassar in the Netherlands.
Despite the Makassaarsche Chrestomathie containing extensive cultural and legal insights about Makassar society, its reach within contemporary academic and public discourse remains limited.
Several researchers have conducted studies referring to the Makassaarsche Chrestomathie manuscript as a source.
They are Sugira Wahid, with his book AuManusia MakassarAy, but he only raises the characteristics of the Makassar people in general.
3 Previously.
Mattulada had also written about the history of Makassar.
4 Finally.
Mappaselleng studied it in relation to customary law as a legal value that lives in society .
iving la.
, especially murder.
5 From such research, it can be seen that each study's limitations are evident.
Sugira Wahid's study does not specifically address Makassarese customary law, while Mattulada's study focuses solely on the historical emergence of the Makassarese in local history.
Mappaselleng, meanwhile, discusses murder and adultery but omits inheritance law and does not relate it to Islamic law.
2 Campbell Macknight.
Mukhlis Paeni, and Muhlis Hadrawi.
The Bugis Chronicle of Bone (Canberra: ANU Press, 2.
3 Sugira Wahid.
AuPengungkapan dan Pemantapan Jati Diri dan Kearifan Lokal,Ay in Kongres I Bahasa-Bahasa Daerah Sulawesi Selatan (Makassar, 2.
4 Mattulada.
Menyusuri Jejak Kehadiran Makassar dalam Sejarah (Yogyakarta:
Ombak, 2.
5 Mappaselleng Nur Fadhilah.
Penguatkuasaan Undang-Undang Jenayah dan SiriAo di Sulawesi Selatan (Yogyakarta: Arti Bumi Intaran, 2.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript The relationship between customary law and Islamic law in Bugis communities was implicitly addressed by Mattulada in his seminal work Latoa.
He concluded that to maintain the unity of the kingdom and society, customary law .
and Islamic law .
sysyarAoa.
were integrated into a cultural system called pangngadakkang (Makassa.
or pangngaderreng (Bugi.
6 This integration has been in place since the early 17th century, following the arrival of Islam in South Sulawesi.
7 Such integrationAiboth explicit and implicitAiis also evident in the Makassaarsche Chrestomathie, where customary and Islamic legal norms are juxtaposed and interwoven.
Thematic explorations of integration, harmony, and alignment between Islamic and customary law have also appeared in other regions of Indonesia.
Zainuddin8 and Zahid9 argue that this confluence forms the basis of IndonesiaAos unique Islamic legal identity.
On the other hand, customary law constitutes evolving normative orders rooted in community practices, often unwritten but binding through social consensus.
Islamic law derives from the Qur'an, sunnah, and ijtihAd, with sharia providing comprehensive divine While customary law operates through communal recognition.
Islamic law combines revelatory sources with juristic interpretation, reflecting distinct yet sometimes intersecting legal 10 Sharia constitutes divine principles governing Muslim life, while fiqh represents human scholarly interpretation .
of these principles derived from the Qur'an and Sunnah.
6 Latoa Mattulada.
Satu Lukisan Analitis terhadap Antropologi Politik Orang Bugis (Yogyakarta: Universitas Gadjah Mada Press, 1.
7 Ahmad Abd Kadir.
Gowa.
Islam, dan Integrasi Sosial di Sulawesi Selatan (Makassar: Kreatif Lenggara, 2.
8 Zainuddin.
Jusalim Sammak, and Salle.
AuPatuntung: The Encounter of Local Culture and Islamic Sharia in the Ammatoa Aajang Community,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial 18, no.
: 177Ae99, https://doi.
org/10.
19105/allhkam.
9 Moh Zahid.
AuPerpaduan Hukum Islam dan Hukum Adat (Upaya Merumuskan Hukum Islam Berkepribadian Indonesi.
,Ay Al-Ihkam: Jurnal Hukum & Pranata Sosial 1, no.
: 57Ae68, https://doi.
org/10.
19105/al-lhkam.
10 Jefik Zulfikar Hafizd.
AuSejarah Hukum Islam di Indonesia: dari Masa Kerajaan Islam Sampai Indonesia Modern,Ay Tamaddun: Jurnal Sejarah dan Kebudayaan Islam 9, no.
: 165Ae84, https://doi.
org/10.
24235/tamaddun.
11 Dri Santoso.
Ontologi Hukum Islam Pendekatan Sejarah dan Problematika Kontemporer (Yogyakarta: Idea Press Yogyakarta, 2.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
The study examines the integration of customary and Islamic laws in the Makassaarsche Chrestomathie manuscript, particularly focusing on homicide, adultery, and inheritance cases.
All three are very sensitive cases and determine order and harmony in society and The manuscript reveals how Makassarese society historically institutionalized the pangadakkang .
ustomary syste.
framework, harmonizing customary and Islamic law through concepts like puli .
etaliatory killin.
and sapu .
that parallel the Islamic qiA and diyah concept.
Raising the issues of murder, adultery, and inheritance based on the perspective of Makassar customs and Islamic Law from the Makassaarsche Chrestomathie manuscript at the same time shows the novelty of this study that distinguishes it from previous This study focuses on customary legal norms found in a historical manuscript from Makassar society titled Makassaarsche Chrestomathie, a compilation assembled by Benjamin Frederick Matthes.
It presents various aspects of Makassarese culture and history.
Among its contents are Vezameling Van Inlandsche Wetten and Eenige Historische Stukken Uit Den Rapang, which respectively translate to Aua collection of native lawsAy and Aua number of historical excerpts from RapangAyAia term referring to messages from elders and ancestral figures.
12 This section is the focus of this research.
The overarching problem investigated is the integration of customary law and Islamic law, both in normative formulations and substantive principles, as expressed in the Makassaarsche Chrestomathie.
More specifically, the research seeks to answer the following questions:
how does the Makassaarsche Chrestomathie manuscript frame cases of homicide, adultery, and inheritance in Makassar society, and in what ways are the customary law formulations and substance related to these issues integrated with Islamic legal principles? The objectives of this study are, firstly, to extract manuscript-based legal norms regarding homicide, adultery, and inheritance as practiced within the local community.
Secondly, to analyze the alignment between customary law and Islamic law in addressing these key legal issues.
12 Benjamin Frederik Matthes.
AuMakassaarsche Chrestomathie: Oorspronkelijke Makassaarsche Geschriften,Ay in Proza En Poyzy Uitgegeven (Zurich: Muller, 1.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript Methods This research employs a qualitative methodology and philological approach, which is a standard strategy in manuscript studies .
anuscript inventory, description, and transliteratio.
combined with content analysis of the Makassaarsche Chrestomathie, including Vezameling Van Inlandsche Wetten, which consists of 683 pages and 17 chapters and is referred to from the translation of Makassaarsche Chrestomathie from Abd.
KadirAos works.
The Makassaarsche Chrestomathie was published in Leiden.
Netherlands, in 1860.
This anthology was collected from original manuscripts and preserved in the original Makassarese language and script called Lontara.
Among its content is Vezameling Van Inlandsche Wetten, which means Aua collection of native lawsAy, the fourth chapter.
This manuscript is rarely found and is owned by a very limited number of individuals.
However, its substance is widely known in society because it represents customary law that has been culturally and socially preserved from generation to generation.
The appearance of the manuscript is shown in Figure 1.
Figure 1.
Makassaarsche Chrestomathie Manuscript 13 Abd Kadir Ahmad.
Nur Fadhilah Mappaselleng, and Syarif Saddam Rivanie Parawansa.
Vezameling van Inlandsche Wetten: Koleksi Hukum Pribumi (Yogyakarta: Arti Bumi Intaran, 2.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
As for the data gathering relies on the examination of documents as evidence that transcends both geography and time, originating from the author and its consumers.
The content analysis method consists of the stages of description, classification, and Eight informants were interviewed to confirm how the community still adheres to the norms in the Makassaarsche Chrestomathie manuscript, as mentioned in Table 1.
Table 1.
The Informants Initial Position Traditional Figure Religious Figure Religious Figure Traditional Figure Traditional dan Religious Figure ARZ Indigeneous People ARJ Indigeneous People Female Figure Results and Discussion Makassar Customary Law in Makassaarsche Chrestomathie on Homicide.
Adultery, and Inheritance Homicide, in the Makassarese Customary Law .
enceforth abbreviated as HAM Ae Hukum Adat Makassa.
, is generally subject to two main forms of punishment: puli .
etaliatory killin.
and sapu .
ompensatory paymen.
Related to the practice of homicide in society.
AH said:
AuAIn 1968, a man with the initials RM was attacked by several individuals from the same family.
During the brawl, one attackerAiinitials SBAiwas fatally stabbed with a badik .
traditional Makassarese dagge.
Some family members attempted to carry out puli, but were stopped by a village elder, who intervened and took over the matter.
The assailant was later sentenced to several years in prisonAAy Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript The concept of puli in Makassar tradition can be seen in Makassar customary law contained in the Makassaarsche Chrestomathie manuscript as shown in Table 2.
Table 2.
Homicide in an Ancient Manuscript: the Makassaarsche Chrestomathie Sources Statement Meaning Article 14 inrang nyawa nibayaraki A life debt is paid with a nyawa, inrang cerak life, a blood debt with nibayaraki cerak, inrang blood, and a monetary uang nibayaki uang.
debt with money Article 9 Punna para If two free men are abbeserek engaged in a fight, nasitobok nanibuno sitau stabbing one another, and nanirapik ribijanna laloi one of them dies, then the napunna family of the deceased may larimo mange riballakna carry out retaliatory killing tumabbicaraya talaloami .
However, if the nipappuli nasapu mami.
perpetrator surrenders to the pabbicara .
he authorit.
, then he shall not be killed but instead shall pay compensation .
Article 10 Punna karaeng sala nani buno ritau samarak nani gappa nipappuli napunna lari mange ri tumabbicaraya napunna tannakulleya bainenna lanrina tau irataeyangna nabuno.
If a noble child commits a wrongdoing and is killed by a commoner, he is liable to puli.
If the commoner authority, he must pay If he is unable to pay, then his children or wife must share the burden of compensation, because the person he killed was of higher status.
Source: In a book entitled Vezameling van Inlandsche Wetten Koleksi Hukum Pribumi Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
It can be seen from Table 1 that puli .
etaliatory killin.
is based on a general principle as stated in Article 14 of HAM (Makassar customary la.
, where taking life, shedding blood, and borrowing money are seen as debts that must be paid with the same payment, namely life for life, blood for blood, and money for money.
The application of these punishments is further explained in Article 9 .
ee Table .
This provision distinguishes between two types of offenders, those who do not surrender to the pabbicara .
ocal authority or judicial figur.
, and those who do.
The first category is liable to puli, i.
, a retaliatory killing carried out by the victimAos family .
umasirikAi literally.
Authe shamed ones,Ay referring to the family or kin of the victi.
The second category, having surrendered, is required to pay monetary compensation .
to the victim's family.
An exception to the puli rule is found in Article 11, which addresses cases involving a noble killing a slave.
This article exempts nobles from puli punishment when killing someone of lower statusAi even if they did not surrenderAiapplying only the less severe sapu.
Article 10 describes a reversed scenario.
Here, not only does the commoner face the death penalty .
, but failure to surrender results in the full application of the retaliatory killing, while surrender leads to sapu, which may also burden the offenderAos familyAian intergenerational liability not uncommon in stratified societies.
This is where the shortcomings of Makassar customary law lie, which treats people differently and only applies to the era when indigenous communities still adhered to a strict social strata system.
Article 15 delineates an exception whereby, in instances of provocation .
followed by retaliatory action .
that results in a fatality, it can shift culpability.
Besides murder, adultery is also an act that carries severe penalties in society.
AM stated:
AuAA man was murdered after being suspected of sexually harassing a young girl from his wifeAos extended family.
Her relatives, after days of surveillance, took matters into their own hands and executed himAAy In Makassarese customary law, adultery is referred to as sikatinroang, literally meaning Ausleeping together.
Ay The term is a Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript euphemism used in place of the more direct word for zinA .
nlawful sexual relation.
The provisions regarding adultery can be seen in Table 3.
Table 3.
Adultery in an Ancient Manuscript: the Makassaarsche Chrestomathie No.
Sources Statement Meaning Article 50 Punna niak tau akkana If someone tells a man embai that bainennu, namanna tau committed mamo even if the source is angkanangi anjo kanaya, trustworthy, he must not niak take immediate action, gaukna buraknea kapauji as this is only an Only if the sikatinroang nalalomo man and woman are napunna caught in the act of ri sleeping iareka .
, may the taua act of killing be justified.
talaloami nibunoi.
However, .
egal authorit.
, they must not be killed.
Article 52 Punna niyak tau emba If a woman is found ribicaraya guilty of adultery, and nanituntungi ribicaraya the case is brought pimbali-bali napunna before the court, and it is tojengmo gaukna assuro proven that she solicited buraknena or assuro arekai anracungi another person to kill or poison her husband, she must be executed.
She shall not be pardoned, even if she pleads for Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
No.
Sources Article 56 Statement Punna niyak tau erok tauwa nateya baineya nanilanngerek ritauwa naniturungi nani rapik ritauwa salai burakneya naiya nipassalangi balli pasarakna nanisareyang patanna baine eroka Meaning If a man attempts to woman, and she resists and cries, and this is witnessed by others, he her Aumarket valueAy to her husband.
If a man was murdered after sexually harassing a young girl from his wifeAos extended family, then her relatives, after days of surveillance, took matters into their own hands and executed Source: In a book entitled Vezameling van Inlandsche Wetten Koleksi Hukum Pribumi It can be seen from Table 3 that Sikatinroang offense specifically refers to a married woman engaging in sexual relations with another This article does not apply to unmarried.
Punitive action is considered legitimate only when the act is directly witnessed, whereas unverified hearsay .
does not constitute sufficient grounds to justify the punishment, if caught in flagrante delicto .
aught in the ac.
, both adulterers may be killed by the victimAos family .
If the accused surrenders to the authorities, they are spared execution and must instead pay sapu mate .
compensation equal to the value of their lif.
, which is handed over to the aggrieved husband.
Another capital offense related to adultery involves a wife conspiring to murder her husband to pursue an illicit relationship with another man .
s outlined in Table 2.
Article .
In this case, the death penalty is non-negotiable and no compensation .
This contrasts with other forms of adultery, where compensation might suffice in lieu of execution.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript The conclusion regarding adultery is that a man or woman who commits adultery while both are caught in the act can be sentenced to death by manAos or womanAos family.
However, if the perpetrator surrenders to the authorities, the punishment is a fine or compensation .
Meanwhile, all forms of inappropriate behavior against women, like cat calling, flatter, touch, and other form of sexual harassment, whether married or virgin, are subject to the compansation punishment .
As for inheritance in the Makassaarsche Chrestomathie, there are three key terms related to the transfer of property from a deceased person to their heirs or others: pappiturung, passare silalo lima, and These terms appear in Article 69.
Pappiturung refers to inheritance, passare silalo lima .
iterally Auhand-to-hand transferA.
refers to gifts or grants made during oneAos lifetime, and pappasang .
eaning AumessageAy or AuinstructionA.
denotes a will or testamentary bequest.
Both pappiturung and passare silalo lima are executed while the grantor is still alive.
In contrast, pappasang is realized after the grantorAos death, at which point the designated recipient becomes entitled to the bequeathed property.
In contemporary customary practice, inheritance during the lifetime of the parent .
nter vivo.
remains common.
According to a community elder in Gowa, inheritance is typically distributed before the death of the parent.
TJ said:
AuAParents often distribute their assets to their children once they are married.
These assets serve as their Upon the parentsAo death, most property has already been divided.
What remains is either allocated to the most dutiful child or reserved to cover funeral expenses .
aja mat.
Sometimes the division is formally recorded by the parents themselvesAAy This practice is also documented in the Makassaarsche Chrestomathie, wherein Makassar customary law systematically codifies the principles and procedures governing the distribution of inheritance among heirs, as illustrated in Table 4.
14 Matthes.
AuMakassaarsche Chrestomathie: Oorspronkelijke Makassaarsche Geschriften.
Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
Table 4.
Inheritance in an Ancient Manuscript: the Makassaarsche Chrestomathie No Sources Statement Meaning Article 71 Punna tau If there are people in a namatemo family .
usband and burakneaka wif.
, then one of them baineaka naniak inrang dies, whether male or kalekalena tau matea female, and one of them iyatommami tawanaya has debts for himself, then it must be paid from his nibayarriangi inranna.
own cakkaraq .
he results of the division of joint Article 72 Napunna niak tau balu If kontu tonji tawana tau widow/widower, ricakkarakna cakkaraq is divided in the tawang same way as for divorced sitawang people, two parts for the baineya ributta arab man and one part for the ikambe woman in Arab countries.
rimangkasaraka nitawa As Makassarese, it is divided exactly in two Article 74 Punna tau When a family member nassipelak divorces, each person paranaallei anu silsilana takes their property, barang-barangna anu belongings, and personal belongings, and then nanitawamo cakkakrana divides pole property, including their Source: In a book chapter entitled Makassaarsche Chrestomathie Oorspronkelijke Makassaarsche Geschriften It can be seen from Table 4 that Makassarese customary law, particularly in Articles 71Ae74, governs inheritance .
, marital property, and debt.
Inheritance rules vary by marital status and offspring, with childless estates often transferred to the Bait al-MAl.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript Only net assetsAiafter funeral costs, debts, and bequestsAiare Marital property is divided into anu kalekalenna .
and cakkarak .
upon divorce, personal property is returned, while cakkarak is shared with children.
Debts are paid from cakkarak, and descendants are responsible for parental liabilities.
Uniquely.
Makassarese law mandates equal inheritance for men and women, diverging from Islamic norms.
This reflects a long-standing differentiation between Islamic inheritance law, often called AuArab land law,Ay which follows the 2:1 male-to-female ratio, and Makassarese customary law, which promotes equal division .
between men and women.
In practice today, two systems coexist.
customary inheritance tends to be practiced informally and socially, and Islamic inheritance applies formally in the Religious Court system.
It is clear from these three aspects .
urder, adultery, and inheritanc.
that Makassar customary law has its own uniqueness.
the case of murder, for example, two concepts are the main values that must be used as principles, namely the puli .
eath penalt.
and the sapu .
ompensation punishmen.
In the aspect of adultery, local customary law places great emphasis on witnessing with one's own eyes for acts of sexual relations that violate these norms.
Meanwhile, in the aspect of inheritance.
Makassar customary law treats men and women the same.
Integration of Makassarese Customary Law and Islamic Law Related to the integration of Makassarese Customary Law and Islamic Law, the Pangngadakkang or Pangngaderreng framework institutionalizes the integration of customary .
and Islamic .
law in South Sulawesi.
Lontara manuscripts identify five pillars: adeq .
ustomary norm.
, rapang .
, wariq .
ocial orde.
, bicara .
udicial proces.
, and syaraq (Islamic la.
15 A historic Charter of Agreement mandates mutual recognition: "Syariah respects adat, and adat honors syariah.
" This synergistic system employs adat for community-based disputes and syaraq for unresolved cases, particularly in homicide, adultery, and inheritance matters.
16 The framework demonstrates how indigenous legal traditions and Islamic jurisprudence co-evolve while maintaining distinct functional domains within Makassarese society.
15 Mattulada.
Satu Lukisan Analitis terhadap Antropologi Politik Orang Bugis.
16 Fadhilah.
Penguatkuasaan Undang-Undang Jenayah dan SiriAo di Sulawesi Selatan.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
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The integration of Islamic law and Makassar customary law among the community in the context of murder was stated by ARJ:
AuAAccording to custom, the punishment for murder is an equivalent murder.
That's the message from our elders.
Similarly, in Islamic law, retribution is meant to cover up However, there's something called covering one's dignity, if an equivalent murder cannot be The government regulates this, either through imprisonment or a fineAAy Islamic jurisprudence distinguishes between intentional and unintentional homicide.
Intentional murder .
involves premeditated killing.
Unintentional homicide .
atl khataA.
arises from negligence or accident.
17 The primary punishment for intentional homicide is qiAAia law of equal retaliationAiis found in the QurAoan:
AuO you who believe! Retaliation is prescribed for you in cases of murderAAy (Q.
Al-Baqarah .
: .
And We ordained for them therein a life for a life, an eye for an eyeAAy (Q.
Al-Ma'idah .
: .
If qiA or qitAl is forgiven by the victimAos family or resolved through reconciliation, it is replaced with diyah .
lood mone.
and/or taAozr .
iscretionary punishmen.
, the latter imposed by state judicial 19 QiA serves as a proportional punishment meant to deter violence and restore justice.
20 It functions both as a retributive and 17 Ebrahim Ghodsi.
AuMurder in the Criminal Law of Iran and Islam,Ay The Police Journal 68, no.
: 160Ae69, https://doi.
org/10.
1177/0032258X950680020.
18 Departemen Agama Republik Indonesia.
Al-Quryn an dan Terjemahan (Jakarta:
Al-Muhaimin.
Yayasan Penyelenggara Penterjemah Al-QurAoan, 2.
19 Mohammad Hifni.
Ujang Hibar, and M.
Nassir Agustiawan.
AuTindak Pidana Pembunuhan dalam Hukum Pidana Islam dan Hukum Pidana Positif,Ay Jurnal Res Justitia: Jurnal Ilmu Hukum 3, no.
, https://doi.
org/10.
46306/rj.
Annisa Hafizhah et al.
AuCapital Punishment: Islamic Criminal Law Perspective,Ay Mahadi:
Indonesia Journal Law .
134Ae41, https://doi.
org/10.
32734/mah.
20 Ahmad Muhammad Husni et al.
AuRelationship of Maqasid al-Shariah with Qisas and Diyah: Analytical View,Ay The Social Sciences 7, no.
: 725Ae30, https://doi.
org/10.
3923/sscience.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript preventive mechanism.
21 Its philosophy lies in the equivalence between crime and punishment.
The concept of puli in Makassar customary law, for example, murder in retaliation, bears substantial similarities to qiA in Islamic Both are understood as the original or primary punishment for The concept of sapu .
in customary law is also parallel to diyah in Islam.
However, there are key differences.
Customary law does not distinguish between intentional and unintentional killings, while Islamic law does.
In HAM (Makassar Customary La.
, puli is carried out by the victim's relatives .
, and sapu is regulated by pabbicara .
ustomary authorit.
In contrast.
Islamic law entrusts the implementation of qiA, diyah, and taAozr to formal state judicial bodies.
Therefore, the difference between customary law and Islamic law is that customary law assigns punishment and fines to the party who suffers the shame .
he victi.
, while Islamic law leaves it entirely to institutions.
Another divergence lies in social stratification.
Makassarese customary law applies puli differently based on social status.
If a noble .
kills a commoner .
or slave .
, puli is not applied.
the offender pays sapu instead.
Conversely, if a commoner or servant kills a noble, they are subject to puli.
If they manage to surrender, sapu may apply.
If they die or cannot pay, the obligation passes to their Islamic law, by contrast, upholds legal equality.
asserted in a Hadith narrated by Bukhari and Muslim: AuBy Allah, if Fatimah, the daughter of Muhammad, were to steal.
I would cut off her 23 Therefore.
Islamic law does not consider social class, whereas customary law does.
Interestingly, both qiA in Islamic Law and puli in Makassarese share similarities with the Code of Hammurabi, which also emphasized lex talionis .
he law of retaliatio.
rather than imprisonment: AuIf a man put out the eye of another man, his eye shall be put out.
Ay (Article .
21 Muslich Wardi Ahmad.
Pengantar dan Asas Hukum Pidana Islam Fikih Jinayah (Jakarta: Sinar Grafika, 2.
22 Zikri Darussamin.
AuQisas dalam Islam dan Relevansinya dengan Masa Kini,Ay Asy-SyirAoah: Jurnal Ilmu SyariAoah dan Hukum 48, no.
: 99Ae130, https://doi.
org/10.
14421/ajish.
23 Andi Suseno Andi.
AuPersamaan Persamaan Hak di Hadapan Hukum Persepektif Hadis Nabi (Kajian Sosio Historis-Kontekstuali.
,Ay Khulasah: Islamic Studies Journal 5, no.
: 20Ae38, https://doi.
org/10.
55656/kisj.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
AuIf a man knocks out the teeth of his equal, his teeth shall be knocked outAy.
24 These formulations echo both the QurAoanic prescriptions and the Makassarese puli principle, which reads: Inrang nyawa nibayaraki nyawa, inrang cerak nibayaraki cerak, inrang uang nibayaraki uang (AuA life debt is paid with a life, a blood debt with blood, and a monetary debt with A.
As for adultery, in Islamic law, all forms of sexual relations outside a legitimate marriage .
inA) are classified as major offenses.
ZinA, in fiqh terminology, refers to intercourse committed by a man or woman without a valid marital contract.
Drawing on the Qur'an and Hadith.
Islamic jurisprudence classifies zinA into two categories: zinA committed by a married individual and zinA committed by an unmarried individual.
Each carries a different punishment: the former is punishable by stoning .
until death, while the latter is punished by flogging.
26 These rulings are based on Surah An-Nur .
, which outlines in detail the consequences for committing zinA.
Regarding the practice of sanctions for murder, which resembles the law of stoning in Islam, namely, by the woman's family throwing stones together.
NS said:
AuAIn 2011, a man was caught committing adultery with another manAos wife in a village in Gowa Regency.
He was stoned to death by the womanAos family members.
Although the woman escaped, her lover was killed in a manner resembling rajm.
The perpetrators were later sentenced to 12 years in prison by the local district courtAAy 24 Ahmad.
Mappaselleng, and Parawansa.
Vezameling van Inlandsche Wetten:
Koleksi Hukum Pribumi.
25 Ziba Mir-Hosseini.
AuCriminalising Sexuality: Zina Laws as Violence Against Women in Muslim Contexts,Ay International Journal on Human Rights 8, no.
: 1Ae https://heinonline.
org/hol-cgibin/get_pdf.
cgi?handle=hein.
journals/surij8&section=19.
26 Aisyah Cinta Putri Wibawa et al.
AuIslamic Law and National Law in the Perspective of Zina Crime Settlement in Indonesia,Ay Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam 5, no.
: 57Ae68, https://doi.
org/10.
56593/khuluqiyya.
27 Hassan M Ahmad.
AuRe-Assessing the Evidentiary Threshold for ZinAAoin Islamic Criminal Law: A De Facto Exemption Proposal,Ay Muslim World Journal of Human Rights 8, no.
: 1Ae30, https://doi.
org/10.
1515/mwjhr-2020-0021.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript SY echoed this sentiment, noting that religion and tradition are united by a deep sense of self-respect and shame .
when family honor is tarnished.
SY stated:
AuAIn the cultural context of Makassar, defending siriAo is seen as defending religion itself.
Any interaction between an unrelated man and woman without lawful marriage is a violation of siriAo, which is equated with a breach of divine AuSiriAo and religion are kuntutojengAisources of truth that must guide societyAAy Likewise.
MR's view when he said:
AuAAdultery is included in the Siri category among Makassar people.
in religious language, it is the same as self-respect or shame as part of the faith.
So, if we carry out Siri' actions, it means we are carrying out religious demandsAAy Due to the seriousness of the offense.
Islamic law demands strong evidence, typically the testimony of four eyewitnesses, to convict someone of zinA.
This high threshold plays a crucial role in Islamic criminal justice systems, particularly in Muslim-majority countries where zinA is criminalized.
28 In fact, false accusations of adultery .
carry severe penalties, and any unsubstantiated claim is considered a form of slander .
29 Makassar customary law is in harmony with Islamic law in terms of Makassar customs, which regulate adultery, and both stipulate the punishment of stoning .
A further point of convergence between the two systems involves the issue of incest, known in HAM as salimarak.
This act is likewise prohibited in Islam and considered equivalent to zinA, as articulated in Surah An-Nisa .
: 23, which lists mauram .
rohibited degrees of kinshi.
Thus, whether within or outside of marriage, incest 28 Ahmad.
Supriani and Wawan Saputra.
AuJarimah Qadzaf (Menuduh Zin.
Studi Komparasi Hukum Pidana Islam dan Hukum Positif Indonesia,Ay Jurnal Darussalam:
Pemikiran Hukum Tata Negara dan Perbandingan Hukum 1, no.
: 1Ae19, https://doi.
org/10.
59259/jd.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
is strictly uarAm and subject to the same punishment as zinA.
30 However.
Islamic law does not specify whether incest is to be punished by rajm or flogging, while customary law prescribes a ritual drowning known as ladung, wherein the offenderAos body is weighed down with a stone and cast into the sea.
Particularly, no empirical data have been identified within the contemporary period.
Inheritance .
l-mawA.
refers to the transfer of a deceased personAos estate to their legal heirs.
It involves the wealth or property left behind, the individuals entitled to it, the proportion of each heirAos share, and the procedural mechanism for distribution.
31 Related to the practice of inheritance in society.
ARZ said:
AuAIn societal practice, the parents make the arrangements before the death to avoid conflict between the children.
Unless there's a problem, traditional and religious leaders sit down together to divide the deceased's inheritance.
According to custom, the share for men and women is If this still can't be resolved, the matter is referred to the religious courtAAy The experience of inheritance distribution was also told by AH, who said:
AuAI once resolved a case where a woman passed away, and her husband had a son from his previous marriage.
separated their individual properties first.
Then, the jointly owned propertyAiland and houseAiwas sold.
The money was divided evenly: half to the wife and half to the son of the deceased.
But before the division, we deducted the debts and funeral expensesAAy The essential components of inheritance include: the decedent .
l-muwarr.
, the estate, and the heirs .
l-wAr.
In Islamic law, the primary sources for inheritance rules are the QurAoan.
Hadith, and the 30 Hasbi Umar.
Husin Bafadhal, and Ika Rusmayanti.
AuKedudukan Hukum Anak Lahir Diluar Nikah dari Hubungan Sedarah (Inces.
Menurut Hukum Islam dan Hukum Positif,Ay ADHKI: Journal of Islamic Family Law 4, no.
: 35Ae45, https://doi.
org/10.
37876/adhki.
31 Umar.
Bafadhal, and Rusmayanti.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript ijtihAd of scholars.
32 Islamic inheritance law has been codified into IndonesiaAos positive legal system, particularly through the Compilation of Islamic Law.
One of the foundational principles of Islamic inheritance is the principle of proportional justice, wherein a male receives twice the share of a female, as stated in Surah An-NisaAo .
:11.
Philosophically, this ratio reflects the heavier economic and familial responsibilities assigned to men in Islamic law34 and the proportional rights accorded to both genders.
35 Recognition of Islamic law in customary tradition is seen in Article 72 of the Makassaarsche Chrestomathie, which notes:
AuRuang tawang buraknea, sitawang baineaAy two parts for the man, one for the woman Ai is said to apply in Arab (Islami.
However, the same article also declares: AuFor us Makassarese, we follow the rule bage rua .
qual halve.
,AyAimeaning equal distribution between male and female heirs.
Makassarese inheritance law enriches the diversity of IndonesiaAos legal traditions and their interactions with Islamic law.
Lombok, for example, the Sasak community aims to eliminate perceived injustices by valuing inheritance in terms of utility rather than strict quantity.
36 In Jambi Malay tradition, daughters receive more 32 Arbanur Rasyid.
Rayendriani Fahmei Lubis, and Idris Saleh.
AuContestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective,Ay Al-Ahkam .
419Ae50, https://doi.
org/10.
21580/ahkam.
33 Abdulmajeed Hassan Bello.
AuIslamic Law of Inheritance among the Yoruba of Southwest Nigeria: A Case Study of Dar Ul-Qadha (Arbitration Pane.
,Ay Journal of Islamic Law 5, no.
: 44Ae61, https://doi.
org/10.
24260/jil.
34 Emilda Firdaus et al.
AuHas WomenAos Participation in Local Government Been Strengthened? A Legal and Political Analysis in Riau Province?,Ay Journal of Indonesian Legal Studies 9, no.
: 155Ae86, https://doi.
org/10.
15294/jils.
Rahmi Hidayati et al.
AuFlexibility of WomenAos Inheritance Distribution in Jambi Malay Society: Compromising Islamic and Customary Law,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
: 42Ae61, https://doi.
org/10.
22373/ujhk.
35 Muthoifin et al.
AuBibliometric Analysis of the Socialization of Islamic Inheritance Law in the Scopus Database and Its Contribution to Sustainable Development Goals (SDG.
,Ay Journal of Lifestyle and SDGs Review 5, no.
: 1Ae24, https://doi.
org/10.
47172/2965-730X.
SDGsReview.
36 Muhammad Fikri.
AuReform of The Inheritance System : Between Islamic Law and Tradition of Sasak Tribe,Ay De Jure: Jurnal Hukum dan SyarAoiah 16, no.
: 197Ae 211, https://doi.
org/10.
18860/j-fsh.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
than sons.
37 In Minangkabau society, ancestral property .
is inherited exclusively by daughters, with sons excluded entirely.
Meanwhile, in Makassar itself, this enrichment is evident in the diversification of practices, with customary law.
Islamic law, or a combination of the two.
The integration of Islamic and customary inheritance laws is evident in Article 73, which states.
Auif the husband dies, the estate is divided into eight parts: the wife receives one part, and the remaining seven go to the children.
If the wife dies, the estate is divided into four parts: the husband receives one, and the rest go to the children.
Ay This mirrors the distribution found in Surah An-Nisa .
:12, showing clear convergence between the two systems.
Further integration is found in the localization of Islamic legal terminology in customary law.
Wasiat becomes pappasang, hibah becomes passare silalo lima .
and-to-hand gif.
, and warisan becomes pappiturung or sossorang, as seen in Article 69.
The main distinction is that customary inheritance can occur during the lifetime of the benefactor, as stated in Article 67, whereas Islamic inheritance only takes effect after death.
Another point of divergence is in the principle of liability.
Islamic law adheres to the principle of ijbari: heirs are not responsible for the debts of the deceased using their personal wealth.
39 Customary law, however, holds that:
Auassets left behind are inherited, and debts left behind must also be Conclusion This study contributes to the revitalization of manuscript heritage as a valuable cultural and intellectual legacy from the past.
The legal formulations and normative content contained within the Makassaarsche Chrestomathie reflect not only an idealized framework for social order in historical Makassar society but also serve as a potential source of enrichment for future legal systems.
The Makassarese 37 Nuraida Fitri Habi and Atho Mudzhar.
AuWomen.
Islamic Law and Custom in Pucuk Induk Undang Nan Limo Manuscript of Jambi,Ay Ahkam: Jurnal Hukum Islam 24, 2 .
: 233Ae50, https://doi.
org/10.
15408/ajis.
38 Nofialdi and Siska Rianti.
AuThe Distribution of Pusako Randah Property in Minangkabau Society: Between Cultural Tradition and Islamic Law Provision,Ay Mazahib: Jurnal Pemikiran Hukum Islam 23, no.
: 271Ae304, https://doi.
org/10.
21093/mj.
39 Akhmad Haries.
Hukum Kewarisan Islam (Sleman: Ar-Ruzz Media, 2.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript community, which has adhered to Islamic teachings since the early 17th century, developed a legal culture that does not dichotomize between customary law (AoAda.
and Islamic law .
sy-syarAoa.
Instead, these two systems are integrated, harmonized, and synchronizedAiboth normatively and substantively.
This integrative approach is rooted in the philosophical maxim: " Sharia respects custom, and custom respects Sharia.
together, they will never mislead the people".
This synergy is reflected in legal responses to homicide, adultery, and inheritance.
Customary concepts such as puli .
and sapu .
parallel the Islamic principles of qiA and diyah, indicating a shared framework of retributive and restorative Likewise, both systems impose strict evidentiary standards in adultery cases involving married individuals.
In matters of inheritance, the Makassarese emphasize gender equality by granting equal shares to men and women.
It intersects with the Islamic principle of proportional justice grounded in familial responsibility.
Nonetheless, this study leaves certain aspects open for future inquiry, particularly the role and authority of the Pabbicara .
ustomary legal authorit.
in law enforcement, as seen through the lens of manuscript sources.
Further research is encouraged to explore how this legal figure functioned within the integrated framework of custom and Islamic law.
As mentioned before, theoretically, the integration between customary law and Islamic law in Makassarese communities is rooted in the grand design for the unity and the integrity of the ancient Islamic Kingdom of Gowa, or Makassar System, in which adeAo .
ustomary la.
and syarAoah (Islamic la.
were integrated into a cultural system called pangngadakkang (Makassa.
or pangngaderreng (Bugi.
Acknowledgment The research team expresses its deep gratitude to the family of H.
Mattewakkang Mappaselleng Daeng Maggaoe, whose generous loan of the Makassaarsche Chrestomathie manuscript made this study possible.
We also extend our sincere thanks to the community leaders, customary elders, and religious figures who willingly shared their perspectives regarding the application of customary law and Islamic law in Makassarese society.
Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 21 .
, 2026: 158-183 Nur Fadhilah Mappaselleng, et al.
Bibliography