scholarly journals Institutions and Contributions to Islamic Law in Indonesia’s Legal System

2021 ◽  
Vol 3 (1) ◽  
pp. 21-44
Author(s):  
Abu Rokhmad
Keyword(s):  
Legal System ◽  
Qualitative Method ◽  
Islamic Law ◽  
Raw Material ◽  
Research Results ◽  
National Legal System ◽  
Data Source ◽  
The Law

This research examines the institutionalization, position and contribution of Islamic law to the national legal system. This study uses a qualitative method with a sociological legal approach. The data source comes from legal materials such as laws and other regulations. The research results show that the institutionalization of Islamic law into the national legal system is carried out procedurally, democratically and in accordance with the needs of the community. This institutionalization is a further process and recognition of the position of Islamic law, not only as a raw material for the making of national laws, but also as a source of law (legal sources) and even a source of values (values sources) for the development of national law. The contribution of Islamic law to the development of the national legal system can be seen in the law on marriage, zakat, waqf, hajj, guarantees of halal products and others which substantively do not contradict Islamic law.[]Riset ini mengkaji tentang pelembagaan, posisi dan kontribusi hukum Islam ke dalam sistem hukum nasional. Kajian ini menggunakan metode kualitatif dengan pendekatan sosiologi hukum. Sumber data berasal dari bahan-bahan hukum seperti UU dan regulasi lainnya. Hasil riset menunjukkan bahwa pelembagaan hukum Islam ke dalam sistem hukum nasional dilakukan secara prosedural, demokratis dan sesuai dengan kebutuhan masyarakat. Pelembagaan ini merupakan proses lanjut dan pengakuan mengenai posisi hukum Islam, bukan saja sebagai bahan mentah (raw material) pembuatan hukum nasional, tapi juga sebagai sumber hukum (legal sources) dan bahkan sumber nilai (values sources) pembangunan hukum nasional. Kontribusi hukum Islam dalam pembangunan sistem hukum nasional dapat dilihat pada UU perkawinan, zakat, wakaf, haji, jaminan produk halal dan lainnya yang secara substantif tidak bertentangan dengan hukum Islam.

scholarly journals Integration of Sharia in Zakat Law

2021 ◽  
Vol 8 (1) ◽  
pp. 18
Author(s):  
Aristoni Aristoni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Allocation Of Resources ◽  
National Legal System ◽  
Data Source ◽  
The Law

<p><em>Law No</em><em>.</em><em> 23 of 2011 on </em><em>Zakat</em><em> Management, which is abbreviated as the Law </em><em>of Zakat</em><em> Management, places Islamic law as a principle for the management of zakat, which means that every zakat amil in the planning, application, and coordination of collection, allocation of resources must always be based on the regulations of Islamic law.</em><em> The aim of the writing of this article is to explain the existence of zakat in Islamic law and the law </em><em>on the management of zakat</em><em>, Law No. 23 of 2011 as an ius constitutum, and the integration of Islamic law in the law of zakat</em><em> management</em><em>. This article can be categorized as a type of research in the library. The method of approach used is a qualitative approach. In addition to a qualitative approach, a normative legal approach is also used in the discussion of this article. The data source used is secondary data, consisting of primary legal materials, secondary legal materials, and tertiary judicial materials. The results of the study show that the existence of zakat in Islamic law and the Law of Zakat Management is an important pillar in building the values of devotion to Allah SWT, justice, and community welfare. The passage of Law No. 23 of 2011 is an inseparable part of the current national legal system (ius constitutum) and the integration of Islamic law in the law of zakat</em><em> management </em><em>is reflected in the preamble and in the provisions of Clause 2 of Law No. 23 of 2011 which lay down Islamic law as a principle for the management of Zakat.</em></p><p><em><br /></em><strong><em></em></strong></p>

scholarly journals Positivisasi Syariah di Indonesia, Legalisasi atau Birokratisasi?

2018 ◽  
Vol 15 (3) ◽  
pp. 592
Author(s):  
Pepen Irpan Fauzan ◽  
Ahmad Khoirul Fata
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Body ◽  
Positive Law ◽  
National Legal System ◽  
The Law ◽  
Islamic Society ◽  
The Ideal

Tulisan ini mengkaji pemberlakuan hukum syariah sebagai bagian dari hukum nasional Indonesia. Ada dua permasalahan pokok yang dibahas: pertama, bagaimanakah posisi hukum Islam dalam tubuh hukum nasional? Kedua, apakah legalisasi syariah telah mencerminkan idealitas hukum syariah bagi masyarakat Islam Indonesia? Untuk membahas dua permasalahan ini, penulis memfokuskan pada UU tentang Zakat, wakaf dan haji. Dari kajian yang penulis lakukan, dapat disimpulkan beberapa hal: pertama, keberadaan UU terkait zakat, wakaf dan haji merupakan perwujudan penerimaan sistem hukum Indonesia terhadap pemberlakuan hukum Islam sebagai bagian integral dari hukum nasional. Kedua, meski telah masuk dalam sistem hukum nasional, namun UU tentang zakat, wakaf dan haji mempunyai kekuatan dan kelemahan. Kekuatannya terletak bahwa hukum Islam telah menjadi hukum positif, sehingga pemberlakuannya menjadi mutlak di tengah masyarakat. Kelemahannya, UU itu lebih menitikberatkan pada persoalan administratif, dari pada mandatory. Konsekuensinya, UU tersebut tidak lebih dari sekedar birokratisasi-syari’ah.This paper examines the implementation of sharia as part of Indonesian national law. There are two main issues that are discussed: first, what is the position of Islamic law in the body of national law? Second, does the legalization of sharia reflect the ideal of shariah for Indonesian Islamic society? To discuss the two issues, the authors focus on the Law on Zakat, wakaf and hajj. From the writer's study, it can be concluded: First, the existence of the zakat, wakaf and hajj laws is the embodiment of acceptance of Indonesian legal system towards the implementation of Islamic law as an integral part of national law. Second, although it has been included in the national legal system, the Law of zakat, wakaf and hajj has strengths and weaknesses. Its strength lies in that Islamic law which has become a positive law, so its enforcement becomes absolute in society. The weakness is that the Law focuses on administrative matters rather than mandatory. Consequently, the law is nothing more than a shari'ah-bureaucratization.

scholarly journals MEMBUMIKAN HUKUM ISLAM DI INDONESIA

2016 ◽  
Vol 14 (2) ◽  
Author(s):  
Muhammad Fahmi Al Amruzi
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Public Life ◽  
Legal Order ◽  
National Legal System ◽  
Strategic Position ◽  
The Law

The existence of Islamic law in Indonesia has long earned a place in public life. It is the law established in the midst of society and even became the official legal state at the time of Islamic kingdoms until the beggining of VOC. When the Dutch managed to take over all the power of the Islamic kingdoms, the Islamic law began to be abolished gradually. After independence, Indonesian people began to dig his own laws independently and Islamic laws still exists and getting stronger. The Islamic law has its own power which can take the form in legisation, jurisprudence and public legal awareness. Islamic law has an important strategic position in the formation and preparation of Indonesia's national law. One effort to incorporate Islamic law into the national legal order is through the transformation of the values of Islamic law into the Indonesian National Legal System.

scholarly journals TRANSFORMATION OF ISLAMIC LAW ON THE NATIONAL LEGAL SYSTEM IN INDONESIAN CONSTITUTIONAL PERSPECTIVE

2012 ◽  
Author(s):  
Zainal Arifin Hoesein
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Systems Approach ◽  
Human Reason ◽  
Moral Principles ◽  
The World ◽  
National Legal System ◽  
The Law ◽  
Law And Justice ◽  
Functional Purpose

Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality. The idea of universality provides a justification for the enactment of basic human freedoms and recognition of basic human rights in the life of the country. Similarly, the idea of morality is that moral principles are general and can be analyzed by human reason. The second idea is the essence of it is used as a basic idea about the nature of the formulation of law and justice as a legal the flow law functional purpose in looking at the law more focused on the facts of a field, social, cultural, political, and religion as factors that need to be a consideration in seeking legal solutions. Both streams are still evolving and are applied in various countries around the world. With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation. Keyword: Transformation of the law, politics of law, national legal system, System of national law

scholarly journals INTEGRATION OF ISLAMIC SHARIA IN NATIONAL LEGAL SYSTEM

2020 ◽  
Vol 7 (2) ◽  
pp. 95
Author(s):  
M. Sulthon
Keyword(s):  
Legal System ◽  
Research Method ◽  
Islamic Law ◽  
State Law ◽  
Objective Condition ◽  
Sociological Approach ◽  
National Legal System ◽  
The Law

The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attempt to explore the meaning of the text of the Al-Qur’an. Maslahat is operationally manifested in the form of ijtihad theories, for example; qiyas, maslahah mursalah, istihsan, syad al-zdari’ah and urf. Likewise, maslahat affirmation of laws that are not contained in the Al-Qur’an and hadith, can be confirmative and can also be negative. The identification of maslahat as the essence of maqashid al-sharia is based on 1) the texts of the Al-Qur’an, the majority of which are in the form of amar and nahyu, (2) Illat and wisdom found in al-Quran and hadith, (3) al-Istiqra’.

scholarly journals Formalisasi Hukum Islam Kedalam Tata Hukum Indonesia

EL-Ghiroh ◽  
2019 ◽  
Vol 16 (01) ◽  
pp. 15-36
Author(s):  
Tomi Agustian
Keyword(s):  
Islamic Law ◽  
Raw Materials ◽  
Raw Material ◽  
Customary Law ◽  
The People ◽  
National Legal System ◽  
History Of ◽  
Strategic Position ◽  
The Law ◽  
Culture Of Origin

Islamic law is one of the raw materials for the national legal systems in addition to the customary law and the law of the West.Therefore Islamic law can be used as raw material for the construction of the device, order and culture of origin of national law does not conflict with the values of Pancasila and the 1945 CONSTITUTION and in accordance with the needs of the people of Indonesia law.Can not be contradicted by evidence of any kind that Islamic law has an important and strategic position in national law drafting and pmbentukan Indonesia One of the efforts to incorporate Islamic law into the national laws of grammar through transformation.This paper discusses about the effort will be the transformation of Islamic law into the law of Indonesia governance. the formalization of Islamic law if done substantively, cannot be released and must be preceded by a reference to the judiciary with constitutional considerations and the history of the nation. The process is inseparable from the history of Islamic law in Indonesia, and the policy of Indonesian legal politics in placing the position of Islamic law in the national legal system.

MENATA IUS CONSTITUTUM MENUJU SATU SISTEM HUKUM NASIONAL

Veritas ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 235-255
Author(s):  
Rachmat Trijono
Keyword(s):  
Legal System ◽  
Qualitative Method ◽  
National Legal System ◽  
Scientific Papers ◽  
Descriptive Approach

Criticism of the ius constitutum of Indonesia which is still not organized according to the appropriate grading and grundnorm has resulted in a reconstruction of the arrangement of the ius constitutum. The purpose of this paper is to reconstruct the arrangement of the constitutum ius which is spread in various scientific papers by the author. The method used is a qualitative method with a descriptive approach. The conclusion was that efforts had been made to rearrange the ius constitutum, however, if it was not carried out in a focused and thorough manner, there would not be a single national legal system that was unique and suited to the Indonesian situation. The necessity of realizing a national legal system is not just a dream.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Science And Technology ◽  
Analysis Approach ◽  
Main Task ◽  
Gender Analysis ◽  
Family Needs ◽  
Library Research ◽  
The Law

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

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