The Influence of Religion in the Process of Developing Customary Law Towards Prosperity in Modern Society

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Warjiyati, Sri (2019) The Influence of Religion in the Process of Developing Customary Law Towards Prosperity in Modern Society. In: ICCOME 2019, 30-31 Juni 2019, UIN Sunan Ampel Surabaya. (Unpublished)

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Abstract

In the context of Indonesia, which is diverse in terms of culture, religion, ethnicity, customs, geography, economy and so on, has its own attraction to learn especially when social problems occur. The existence of such conflicts is often triggered by differences in SARA issues, so there must be alternatives to overcome this. In writing this journal, there is one solution offered in resolving the SARA conflict, namely by making customary law a sub-system of law that is not written in the life of the nation and state. Customary law, the authors consider as an effort of the government in providing tolerance to overcome conflicts that exist in society. When viewed from the aspect of religion, especially in fiqh, customary law gets legitimacy through the provisions stating that customary law can be used as law, provided that it must contain the values of benefit, especially in safeguarding five aspects of life, namely: Religion, property, ancestry, mind and soul.