|
Adat (Jawi: عادت) is the generic term derived from Arabic language for describing a variety of local customary practices and tradition as observed by Muslim communitites in North Caucasus, Central Asia and Southeast Asia. Despite its Arabic origin, the term adat resonates deeply throughout the Maritime Southeast Asia, where due to colonial influence, its usage has been systematically institutionalised into various non-Muslim communities. Within the region, the term refers, in a broader sense, to the customary norms, rules, interdictions, and injunctions that guide individual’s conduct as a member of the community and the sanctions and forms of address by which these norms and rules, are upheld. Adat also include the set of local and traditional laws and dispute resolution systems by which society was regulated. ==Origin== The word adat is derived from the Arabic word ''ʿādā́t'' (عادات), the plural form of ''ʿā́da'' (عادَة), meaning custom, or habit and is considered as synonymous with ''urf'' (عرف), something which is commonly known or accepted. It generally refers to the result of long-standing convention, either deliberately adopted or the result of unconscious adaptation to circumstances, that has been followed where practical considerations have been uppermost. Prior to the arrival of Islam, the peoples of North Caucasus and Central Asia had long-established codes of legal and civil law, which in the Islamic period came to be known by the term adat. Adat in traditional central asian societies are guided by authoritative members of communities, usually councils of Aqsaqals. It is based on a tribal code of conduct and on centuries of experience in conflict resolution between individuals, communities, and tribes. In North Caucasus, the traditional value codex of adat held that the Teip (‘clan’) was the chief reference for loyalty, honor, shame and collective responsibility. The Russian empire's colonial administration did not interfere with local legal practices and delegated the administration at the local community level to the councils of aqsaqals and teips. So did the Bolsheviks during the first years of the revolution of 1917. The adat was practiced among the central asians and north caucasians up until the early 1930s, before Soviet authorities banned its use and replaced it with the civil law. In Southeast Asia, the concept of adat and its meanings were first formulated in the Islamised Malay-speaking world, apparently to distinguish non-Islamic from Islamic practices. In the 15th century, the Melaka empire developed a code of international shipping law, ''Undang-Undang Laut Melaka'', and a civil and commercial code, ''Undang-Undang Melaka'', which was heavily Islamic but with extensive adat influences. These codes would later spread across the region and became the legal source for local jurisprudence in major regional sultanates like Brunei, Johor, Pattani and Aceh. In the early decades of the twentieth century, in the Dutch East Indies, the study of adat emerged as a specialised field of inquiry. Although associated with the needs of colonial administration, this study nevertheless gave rise to an active scholarly discipline that dealt with differing systems of adat comparatively. Among notable scholars in this study were, Van Vollenhoven, Ter Haar and Snouck Hurgronje. Several key concepts that are still being used today within the customary law research in modern Indonesia are; ''adatrecht'' ('adat law'), ''adatrechtskringen'' ('adat law circles'), ''beschikkingsrecht'' (communal rights over land or 'right to avail') and ''adatrechtsgemenschapeen'' ('adat law communities'). The adat law or adatrecht has been used by colonial government as a legal term designating a prescriptive right, which was given currency as an independent legal entity apart from the canon law. Local indigenous laws and customs of all ethnic groups, including those of non-Muslims, began to be collectively termed as "adat", and were encoded into units of jural management, whereby legal pluralism in East Indies was introduced. Under this scheme, based on a classification of adat systems as cultural geographic units, the Dutch divided the East Indies into at least 19 adat law areas. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Adat」の詳細全文を読む スポンサード リンク
|