Politik Hukum Islam

This Android application is an explanation of the politics of Islamic law. Political struggles in Islamic law legislation in Indonesia by Armaya Azmi, et al. In Pdf format.

One of the fundamental questions that we must find an answer to is, is the development of Islamic law in Indonesia, which has chosen the path of positivization or in other terms often called the legislative process, appropriate? Is the true character of Islamic law very dynamic and flexible, compatible with the character of Indonesian law which chooses the "school of legal positivism".

It must be admitted that when Islamic law is bound by "statutory language", then everything will become clear. So the space for legal interpretation becomes very small. That is why the criticism that is often leveled at judges is that they have become "lawyers", who only apply legal articles. There is no attempt to read and capture the true reality. It must be admitted that the progressive legal ideas initiated by Prof. Satjipto Rahardjo, is a claim that the law is not for the law but the law for humans. If the law does not lead to justice and peace as well as the welfare of society, then the law loses its spirit. The law becomes completely useless.

But on the other hand, if we do not choose the path of legal legislation, is there another way to ground Islamic law in Indonesia? In my view, it is impossible to apply Islamic law in Indonesia outside of constitutional channels. At this point, the idea of ​​the caliphate and its derivatives, the application of Islamic law, has become a useless idea, as long as the struggle is carried out outside the Indonesian state constitution. Like it or not, like it or not, legal struggles outside parliament only waste energy. Of course it's different if what is meant is not fighting for the law itself, just "taking part in speaking out".

The political configuration of the country will greatly determine the position of Islamic law in Indonesia. Although this configuration is not simple. This means that a majority of Muslims in parliament does not guarantee that Islamic law can be processed through legislation easily. There are many other factors that also determine. But at least, if Muslims understand the nature of Islamic law, its aims and character, then this will make the legislative process itself easier. The products of laws or other regulations, which not only accommodate Islamic law but also adopt it, show that the Indonesian Islamic law legislative process is going well even though perhaps for many people it has not met expectations. But at least, the existing developments are good steps.

Apart from the parliamentary route, the development of Islamic law through the courts or fatwa route is an interesting phenomenon to study. Specifically for fatwas, the political dynamics surrounding them are also very interesting to study and study further. Whether the fatwa brings distance with the government closer, or distances it, even contradicts it, are things that are actually considered in the formulation of the fatwa.


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