IMPLEMENTASI HUKUM ISLAM DI INDONESIA SEBUAH PERJUANGAN POLITIK KONSTITUSIONALISME

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Julijanto, Muhammad (2012) IMPLEMENTASI HUKUM ISLAM DI INDONESIA SEBUAH PERJUANGAN POLITIK KONSTITUSIONALISME. In: Conference Proceedings: Annual International Conference on Islamic Studies (AICIS) XII, 5 – 8 November 2012, Surabaya – Indonesia.

Preview

Text
Buku 2 Fix_154.pdf
Download (404kB) | Preview

Abstract

Islamic law has a special form in which the development of in accordance with local conditions and culture. The ability of the application of Islamic law is very elastic and follow social construct buildings. Enforceability of Islamic law on a region relies heavily enforce the awareness of the Muslim religion, so it should be a rule of life that they run. Accommodation occurs as well as the level of awareness of Muslims in the teachings of religion in the reality of life. The emergence of massive social phenomenon of consciousness Muslims in applying the teachings of religion, is not a threat to national disintegration, and even a threat to the Homeland to switch to the application of Islamic law. The fact remains must be accommodated within the construct of the Republic of Indonesia in the future. With this awareness there is no suspicion of various elements of the nation, to support efforts to implement Islamic law for Muslims. That concern is a fear in the nation's most stakehoders democratization see opportunities in all lines of life of the nation, including its relationship to practice the teachings of Islam in the constitutional system of the Republic of Indonesia. The state constitution guarantees the implementation of human rights, so the chances of Islamic law can contribute to the formation of a national law. Since the implementation of Islamic law adopted by an Indonesian citizen to their human needs as believers. So there is no conflict of interest. The political dynamics of law in the area showed symptoms of the strengthening of the spirit of the practice of the teachings of Islam which require legislative concern for the nation as a form of social reality. The response shows the elasticity of Islamic law into the living elements in Indonesian society, so it can not be separated from national culture. That's why when Islam arrived in Indonesia, the indigenous cultural norms that have long owned the Indonesian people under the influence of societal norms accepted Islam peacefully along with the deployment and adoption of Islam by the majority of the Indonesian population. Similarly, the influence of Islam among indigenous people who are Muslims, making Islam the law arguably completely remove moral norms in force before, it is also the only legal system run into legal awareness and living in the community. The process of extracting the shape definition, Islam has become the values, norms, legal systems grow and develop and demonstrate its function as a code of conduct regulating, controlling and giving direction to the social behavior of the people of Indonesia, where all is none other than the form of culture.