Among the contributions form of Islamic law , at least in the aspect of inspiration and Islamic values ( especially in the field of criminal to civil because it is still not possible) to the national law is . Law no. 14 of 1970 on the principal powers of judicial power in Article 10 paragraph ( 1 ) diperundangkan ; " The judicial power shall be done by the courts in :
1 ) Common Justice ,
2 ) Religious Courts ,
3 ) Military Justice ,
4 ) State Administrative Court .
From the point of institutionalization , this Act has terkodifikasikan and terunifikasikan in Law . 1 of 1974 on Marriage . So it becomes statutory law and apply to all Indonesian people without exception . Nevertheless , there are substantially certain parts are specifically applicable only for Muslims alone .
Law no. 7 of 1989 on Religious Courts . This law has been born after a long struggle through difficult nan full twists in three eras : the Dutch colonial era , during the Japanese occupation , and post- independence .
In 1946 , the Indonesian government began handing coaching Religious Courts and Ministry of Justice to the Ministry of Religions through Law . 5/SD/1946 then after recognition of sovereignty , December 27, 1949 the Government of Indonesia through the Emergency Law . 1 of 1951 , reaffirmed its stance to enforce the Religious Courts .
As a follow up from the assertion , at least, has published three laws that regulate the Religious Courts in Indonesia , namely : Stbl No. 1882 . Jo Stbl 1937 No. 152 . 116 on Religious Courts in Java and Madura . 1937 No. Stbl . 638 and 639 on Religious Courts in South Kalimantan .
Furthermore, with the passage of Act No. anyway . 7 , 1989, then in addition to further reinforce the existence of the Religious institutions in the national court system , also has canceled all religious court rules on pre-existing .
Renewal of Islamic law in Indonesia
Renewal term is a translation of the Arabic language , which in terms Tajdid Indonesia is known as a modern , modernization and modernism .
In Western society , modernism means mind , flow , movement and attempt to change the ideology - ideology , adpat customs , institutions long , and sebaginya to be adjusted to the new atmosphere brought about by the progress of science and modern technology .
While in Islamic thought , it tajdid problems arise especially when Islam as a religion and at the same grand tradition , dealing with a variety of local culture , a variety of non- Islamic ideology and the various forms of government exist , both in the East and West .
In the field of Islamic law ( especially in Indonesia ) , it is able to form tajdid thought or movement ( in the field of Islamic law ) who want to change the mind of the old schools or provisions that are sourced from Zanni ( aspect Muamalat ) is not the nature qath'i to suit the demands of the new atmosphere brought about by the progress of the times and the local culture in Indonesia , in the framework of the construction , development and establishment of national law .
Compilation of Islamic Law ( KHI ) by Presidential Decree No. born . 1 of 1991 which contains summaries of various legal opinions from Fiqhi books to be used as consideration for the religious judges in making decisions , and then systematically arranged to resemble the book of law , consisting of chapters and chapters , is one contributions renewal of Islamic law in Indonesia .
Referred to as a renewal , because on the one hand the idea of the existence of the KHI never officially blaze before ( although the material has long been recognized schools of comparison ) , as well as some new material including the payload is , especially for Indonesian Islamic society , as a substitute heir , the prohibition of marriage different religion , and so on .
Another product that is included in this section for example is Law. 7 1989 on Religious Courts , and PP . 28 of the Waqf land . New is said , because it was not previously known in the national legal order .
With the presence of a variety of change, it is possible Islamic law in Indonesia and then developing appropriate and in line with social changes , especially in the current era of globalization . Where advances in information technology often can cause a shift in the values that originally considered to have been very well established .
If Muslims do not fast anticipate social change and also find solutions and solving the right , it is not impossible relevance of Islam will be hit by the crisis (crisis of relevance ) and akihrnya marginalized and abandoned people .
New revival of Islamic intellectualism for reform was marked by the emergence of Islamic thinking which allows the formulation , interpretation and reflection on social issues in a broad sense ( not just in the legal field , but also in other fields : politics , culture and so on ) .
However , history often presents facts quite sad about the fate of the initiators of reform , both in Indonesia and elsewhere . The reason is quite varied , including the interpretation of the renewal of the provocative term , with certain connotations that can lead to suspicion and misunderstanding . Updates later considered by some as an attempt to sue the validity of the source of the teachings of Islam which has been believed to be very true and well established .
Indeed the Islamic state and Islamic society in the future is highly dependent on the intellectual prowess in the face , understand and solve new problems . But the fact remains , that there are some Muslims , even among intellectuals who still insisted on retaining the old teachings and interpretations are not open to new ideas .
As a concrete example , particularly in the field of Islamic law is the establishment of the idea of Fiqhi patterned ness by Hazarin with national schools and Hasbi Ash - Shiddieqy with Fiqhi Indonesia. Opposition was not only among laymen , but very hard just from the scholars , such as Ali Yafie although lately the trend seems to support it .
So a little about the development of Islamic law in Indonesia , where Islamic law in Indonesia is expected to continue to exist , and be Positive law is applied in Indinesia class at a later date .
1 ) Common Justice ,
2 ) Religious Courts ,
3 ) Military Justice ,
4 ) State Administrative Court .
From the point of institutionalization , this Act has terkodifikasikan and terunifikasikan in Law . 1 of 1974 on Marriage . So it becomes statutory law and apply to all Indonesian people without exception . Nevertheless , there are substantially certain parts are specifically applicable only for Muslims alone .
Law no. 7 of 1989 on Religious Courts . This law has been born after a long struggle through difficult nan full twists in three eras : the Dutch colonial era , during the Japanese occupation , and post- independence .
In 1946 , the Indonesian government began handing coaching Religious Courts and Ministry of Justice to the Ministry of Religions through Law . 5/SD/1946 then after recognition of sovereignty , December 27, 1949 the Government of Indonesia through the Emergency Law . 1 of 1951 , reaffirmed its stance to enforce the Religious Courts .
As a follow up from the assertion , at least, has published three laws that regulate the Religious Courts in Indonesia , namely : Stbl No. 1882 . Jo Stbl 1937 No. 152 . 116 on Religious Courts in Java and Madura . 1937 No. Stbl . 638 and 639 on Religious Courts in South Kalimantan .
Furthermore, with the passage of Act No. anyway . 7 , 1989, then in addition to further reinforce the existence of the Religious institutions in the national court system , also has canceled all religious court rules on pre-existing .
Renewal of Islamic law in Indonesia
Renewal term is a translation of the Arabic language , which in terms Tajdid Indonesia is known as a modern , modernization and modernism .
In Western society , modernism means mind , flow , movement and attempt to change the ideology - ideology , adpat customs , institutions long , and sebaginya to be adjusted to the new atmosphere brought about by the progress of science and modern technology .
While in Islamic thought , it tajdid problems arise especially when Islam as a religion and at the same grand tradition , dealing with a variety of local culture , a variety of non- Islamic ideology and the various forms of government exist , both in the East and West .
In the field of Islamic law ( especially in Indonesia ) , it is able to form tajdid thought or movement ( in the field of Islamic law ) who want to change the mind of the old schools or provisions that are sourced from Zanni ( aspect Muamalat ) is not the nature qath'i to suit the demands of the new atmosphere brought about by the progress of the times and the local culture in Indonesia , in the framework of the construction , development and establishment of national law .
Compilation of Islamic Law ( KHI ) by Presidential Decree No. born . 1 of 1991 which contains summaries of various legal opinions from Fiqhi books to be used as consideration for the religious judges in making decisions , and then systematically arranged to resemble the book of law , consisting of chapters and chapters , is one contributions renewal of Islamic law in Indonesia .
Referred to as a renewal , because on the one hand the idea of the existence of the KHI never officially blaze before ( although the material has long been recognized schools of comparison ) , as well as some new material including the payload is , especially for Indonesian Islamic society , as a substitute heir , the prohibition of marriage different religion , and so on .
Another product that is included in this section for example is Law. 7 1989 on Religious Courts , and PP . 28 of the Waqf land . New is said , because it was not previously known in the national legal order .
With the presence of a variety of change, it is possible Islamic law in Indonesia and then developing appropriate and in line with social changes , especially in the current era of globalization . Where advances in information technology often can cause a shift in the values that originally considered to have been very well established .
If Muslims do not fast anticipate social change and also find solutions and solving the right , it is not impossible relevance of Islam will be hit by the crisis (crisis of relevance ) and akihrnya marginalized and abandoned people .
New revival of Islamic intellectualism for reform was marked by the emergence of Islamic thinking which allows the formulation , interpretation and reflection on social issues in a broad sense ( not just in the legal field , but also in other fields : politics , culture and so on ) .
However , history often presents facts quite sad about the fate of the initiators of reform , both in Indonesia and elsewhere . The reason is quite varied , including the interpretation of the renewal of the provocative term , with certain connotations that can lead to suspicion and misunderstanding . Updates later considered by some as an attempt to sue the validity of the source of the teachings of Islam which has been believed to be very true and well established .
Indeed the Islamic state and Islamic society in the future is highly dependent on the intellectual prowess in the face , understand and solve new problems . But the fact remains , that there are some Muslims , even among intellectuals who still insisted on retaining the old teachings and interpretations are not open to new ideas .
As a concrete example , particularly in the field of Islamic law is the establishment of the idea of Fiqhi patterned ness by Hazarin with national schools and Hasbi Ash - Shiddieqy with Fiqhi Indonesia. Opposition was not only among laymen , but very hard just from the scholars , such as Ali Yafie although lately the trend seems to support it .
So a little about the development of Islamic law in Indonesia , where Islamic law in Indonesia is expected to continue to exist , and be Positive law is applied in Indinesia class at a later date .
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