Constitutional Guarantees Regional Regulations of Sharia in Indonesia (original) (raw)

ISLAMIC LAW IN THE CONSTITUTION OF INDONESIA (a Study of Characteristics Sharia Local Regulations)

TSAQAFAH

Article 29 of the 1945 Constitution states that the state is based on One Godhead. Also, the state guarantees the independence of each resident to embrace their respective religions and to worship according to their religion and beliefs. It can be said that the ideals of Indonesian constitutional law have a manifestation of Islamic law which is embodied in local legal products, namely the Sharia Perda. The background of the formation of the Sharia Regulation is mainly Indonesia as the largest Muslim country in the world. However, in its development, the Sharia Perda still has various problems, namely the women's freedom, discrimination and the exclusivity of Muslims. Therefore, it is important to look at the characteristics of Sharia regulations in Indonesia as a manifestation of the ideals of Islamic law. The research method uses normative juridical research with a statutory approach and is analyzed using the legal hermeneutic method. The results of the study show that the ide...

Sharia-Based Regional Regulations in the Indonesian National Law System

Jurnal Ilmiah Peuradeun, 2021

This study aimed to explain the existence of sharia-based regional regulations and discuss the form of legal system regulation of sharia-based regional regulations in Indonesia. After the reformation, changes in the legal system in Indonesia began, especially the change from a centralized pattern to a decentralized one and the granting of regional autonomy authority, this was marked by the issuance of regional regulations based on the needs of each region. The next problem is the emergence of the desire to establish sharia-based regional regulations such as in Aceh, South Sulawesi, and West Java which invites legal discourse on the legal system in Indonesia. This study used a qualitative method with a normative legal approach. The subjects of this study were the namely elements of the Central and Regional Government, and Members of the DPRD. In addition, information was also collected from scholars, academics, and legal practitioners. The research procedure was carried out in four s...

Transformation Of Islamic Law Into National Law: Model, Problem And Alternative Solution Of Practicing Sharia In Indonesia

Jurnal Dinamika Hukum

In the hands of some Muslims who make religion an ideology, sharia must be realized in real life in society through political instruments that can provide force. However, in their struggle, some of them use only one interpretation and one model, so it is difficult to be compromised. Base on assumption that there is more than one model, this research aims to formulate :1) some models of transformation of Islamic law into national law, 2) the problems 3) alternative concepts of solutions, and 4) the impact of any policy taken by the state. This research is a kind of non-doctrinal qualitative legal research. Data was obtained from the books or literature and it is analyzed to see the correlation between legal substance, legal structure and legal culture. This study concluded that without being Islamic state, there many models that can be used by Indonesian Muslims in transforming or practicing sharia. Keywords: Islamic state, politics, religion, secular state

Sociological and Political Constraints of Islamic Sharia Enforcement in South Sulawesi Indonesia

JURIS (Jurnal Ilmiah Syariah)

The objective of this study is to examine the challenges encountered by Islamic Sharia Enforcement Committee in South Sulawesi by analyzing the responses of charismatic ulama. Qualitative methods, such as observation, interviews, and documentation, were employed to conduct a descriptive and critical analysis. The result showed that the primary obstacle to the wider acceptance of the idea lies in the sociological rejection of ulama. Ulama opposed the plan due to their epistemological understanding of Sharia and strategic approach to advocating it within the Unitary State of the Republic of Indonesia (NKRI). Politically, they gave a substantive and cultural notion instead of formalistic and structural discourse because there are no circumstances in South Sulawesi that may force the state to grant special autonomy like in Aceh. The contemporary thinking of ulama is shaped by education and practical experience, enabling them to consider contextual factors openly. The views of the Indone...

The Implementation of State Law And Religious Law In Indonesian Muslim Society

In the Indonesian constitution, rule of law is an acknowledged instrument to realize justice and social welfare. Common in many post-colonial countries, this instrument often manifests as legal pluralism, that is the coexistence of at least three legal systems: state (or 'national' in Indonesian parlance); religious, and customary (adat in Indonesian language). This paper examined the first two systems, state and religious laws, especially in their implementation as practiced by the Indonesian society. Using empirical legal methods, the factors which influenced the preference of Muslims to use state or religious laws in Indonesia were examined. Key terminologies, such as 'state law', 'religious law', and 'Muslim society', were elaborated. It was found that several factors were influential, namely legal culture, economic condition, social values, fiqh conservatism, and judge insight.

The Contribution of Sharia Regional Regulations Policy in Indonesian Legal System as an Alternative for Character Building in the Community

International Journal of Social Science, 2022

The importance of morality in character building is linked to human life, questioning why people have to do good deeds, conduct excellent demeanor, and avoid misconduct. Indirectly, this question implies human morality, which desired the highest goodness and virtue in human life. Consequently, forming noble character and demeanor that becomes the purpose of education must have striven together within family, school, or society. This paper wants to determine whether the contribution of Sharia Regional Policy within the Indonesian Legal system as an Alternative of Character Building in the Community. The contribution of Sharia regional regulation implementation in Bulukumba and Indramayu, with a positive result, occurred on regional sharia regulation in Bulukumba, that is, positive acceptance from the Muslim and Non-Muslim communities with various efforts carried out by the local government. They strive extensively by establishing a successful team to monitor, evaluate, and measure th...

The Contextualization of Sharia and Its Contribution to The Development Of The Indonesian National Law

AL-'ADALAH, 2019

The Contextualization of Sharia and Its Contribution to the Development of the Indonesian National Law. This article asserts an argument that sharia needs to be contextualized along with changing conditions, place and time. The reason is very clear, Islam and the initial Islamic Shari'a revealed in Mecca in 610 AD were very flexible and contextual. Islam accepts Hanif religion (the religion of Prophet Ibrahim) with the aim of perfecting the Hanif religion which has been misunderstood, perpetuating the teachings of the good and great Hanif religion, and rectifying its teachings to perpetuate its noble and invaluable teachings. Islam also respected Arab tradition as well to perpetuate noble and beneficial Arab traditions, and to remove the traditions that were no longer beneficial. This is the foremost nature of Islam according to Khalil Abdul Karim which he termed as a blueprint for the practice of Islam and Islamic law in today's public space. Religion is for humans, as Allah the Most Just is very concerned with the realities of the social life of people. The law is also created to discipline the community life, and therefore, its main concern is the benefit of human life,. In this context, the historicity of the initial Shari'a can be used as the basis in applying Islamic law anywhere and anytime.

10. Sharia and national law in Indonesia

Sharia Incorporated

This chapter adresses the relationship between sharia and national law in Indonesia. The historical sections 10.1-10.4 examine the (pre)colonial pluralities of law, and subsequently relate how Indonesia has accommodated sharia in its laws, administration, and court system, from independence in 1945 until today. The sections 10.5-10.8 pay attention to the law presently in force. While the constitution does not mention Islam explicitly, the government is keen to coordinate religious affairs and prevent excesses. The Ministry of Religion plays an important role in this respect. Religious Courts, as branches of the national judiciary, mainly hear marital disputes, but have recently been given jurisdiction in economic matters as well. The Marriage Act of 1974 is the main sharia-based law; in its provisions Indonesia has kept a significant distance from the patriarchal norms of classical sharia. In 1991, an official Compilation of Islamic Law, drafted by scholars and judges, was promulgated. It contains three chapterson marriage, inheritance, and religious endowmentswhich, beside the law, should serve as main reference for the Religious Courts. In the province of Aceh, with its special autonomy, sharia-based law also extends to certain criminal offences. Islamic banking law Almsgiving law or Islamic taxation Law on religious foundations (wakaf) 10.9 International treaty obligations concerning human rights 10.10 Conclusion Notes Bibliography

Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia

2021

Islamic law or Sharia law has universal values. The implementation of Islamic law is substantially open to the opportunity to apply universal values of Islam, however, the implementation of Islamic laws in the national legal system is still limited in a number of laws. This study reveals the construction and reality of Islamic legal products in the frame of national law in Indonesia. This research uses a qualitative paradigm, a religious law approach, and an interdisciplinary study. The results show that indirectly, universal teachings of Islam such as the protection of human rights have been listed in the Indonesian constitution, although they do not use religious language. Derivation of these human rights can be carried out at the level of legislation such as the Marriage Law and Religious Courts. While the desire to make Indonesia as an Islamic state does not receive recognition in the constitution, bearing in mind that the Indonesian state is not an Islamic state, but a law state based on Pancasila which always accommodates the diversity of cultural, racial and religious values systems for Indonesian people and society.