Recognition of Customary Rights in the Baduy Customary Law System of Indonesia and Egypt Islamic Sharia Perspective

Abstract

This article discusses the comparison of legal systems for the recognition of customary rights in the implementation of customary law of the Baduy people in Indonesia and the customary law of the Bedouin/Badawi people in Egypt in the perspective of Islamic sharia law. Customary rights are the collective rights of indigenous peoples over certain territories that are inherited from generation to generation. In Baduy society, customary rights play a central role in maintaining ecological balance and cultural sustainability. This research explores how customary rights are recognized and protected within the framework of Baduy customary law, as well as how Islamic values applied by the Bedouin/Bedouin tribe in Egypt can provide additional perspectives in understanding and respecting these rights. The research method used is qualitative with a comparative approach and literature analysis. The results showed that despite differences in geographical and cultural contexts, the principles of justice and social welfare in Islamic sharia can support the recognition and protection of customary rights. This article recommends closer intercultural dialogue and legal interaction to strengthen the protection of indigenous peoples' rights by comparing a system that includes the same legal substance, legal structure, and legal culture, but there are some similarities and differences in the context of implementing customary law and Islamic sharia.