Kontribusi hukum Islam terhadap pembangunan hukum di Indonesia

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Masruhan, Masruhan (2012) Kontribusi hukum Islam terhadap pembangunan hukum di Indonesia. In: Conference Proceedings: Annual International Conference on Islamic Studies (AICIS) XII, 5 – 8 November 2012, Surabaya – Indonesia.

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Abstract

The Contribution of Islamic Law towards development of law in Indoneisa can be viewed from two points. First, from the quantity of regulation and constitution viewpoint which have been produced by the process of development of law in Indonesia which should be implemented by muslem community such as the constitution of marriage, religious foundation,implementation of pilgrimage ritual, management of zakat, banking of syari’ah, religious court, and special autonomy of the special territory of Aceh Province. From this viewpoint, that Islamic law gives a large contribution to the development of law in Indonesia is unavoidable. Second, correlation (cause and effect relation) viewpoint between islamic law and the process of the development of law in Indonesia as a result of Islamic Syari’ah which inspires and unites in the Indonesia constitution. This point of view is used in this case because of the scepticism which is risen from some interrelated realities in the method of law research which is traditional. Meanwhile, the stage to the modern thought is relatively still in doubt, in careful watch and it is ignored. Therefore, an identification on the characterictic of Islamic law must be done to obtain a relevance of Islamic law with the development of law in Indonesia. This identification can give a space for the Islamic law to grow, develop and participate in development of law in Indonesia by giving a real contribution. Not to mention, the islamic law is one of the sources for producing national law in Indonesia besides of traditional and colonialism law. However, in order that Islamic law can participate and contribute in development of law in Indonesia, Islamic law has to develop its dynamic character by revitalizing Ushul Fiqh, diversifying texts, developing the territory or ta’wil and affording to formulate islamic law realistically and dynamically.