Islamic law is a law that is neutral , because Islamic law derived from the Qur'an and Hadith , for example in Indonesia , as the application of Islamic law that Indonesian society is a society where the majority of Muslims , but Islamic law enacted in Indonesia are Neutral without forcing Islamic law enacted hususya to all people in Indonesia , because we know that in Indonesia are also many non-Muslims , the Islamic law be enacted only to Muslim only.
In discussing the prospect of Islamic law in Indonesia , there are at least two aspects that need to be put forward :
Aspect strength and opportunities . Both are related to Islamic law and Muslims who act as advocates prospect of Islamic law in Indonesia .
Aspects weaknesses and obstacles . This aspect of the law relating to life in Indonesia, which became an obstacle for the application prospects of Islamic law as positive law in Indonesia .
As for the aspect of strength
Al - Quran and Hadith , which in addition to containing the doctrine of faith and conviction and morality , also includes social rules of law , both civil and criminal fields . Third essence of this doctrine has become an integral and inseparable part of Islam . All three like an isosceles triangle are mutually supportive thereof subsequently born in the principles of Islamic law , principles and objectives
Islamic Sharia comes to sheer human goodness , in accordance with nature and nature is therefore strongly encourage acts of kindness , and prohibits actions that merusak.Dengan so, then the products will always be legal according to the needs of a normal human being , at any time and in man Apun because syareat Islam is built upon and for the benefit of the man himself so that it will remain in demand .
In the history of law in Indonesia , where Islamic law into national law is a struggle for existence , which formulate the state of Indonesian national law in the past , present and future , that the Islamic law in the national law , both in the written and unwritten laws , in various fields of life law and legal practice .
Has been the realization of the contribution of Islamic law into national law , either in the form of law and IP , are clear evidence of the power and ability to integrate with the Islamic law in national law .
Aspects such power will increasingly exist with respect to some aspects of support as follows:
Pancasila , as stated in the Preamble to the Constitution - 45 as the basis of the State , the sila - basic principles are the norm and the highest norms for the operation of all state basic legal norms . has placed religion ( especially on the first principle ) in a position that is very fundamental , and include teaching and laws in the life of the nation .
This means , that the philosophical - political relationship with religion Pancasila very closely , because placing it in a central position , first and foremost . Thus , the teaching ( including law ) of Islam which is the religion of the majority of the Indonesian population fad , and has given a great chance to color the national law .
Guidelines in 1993-1998 , among others mentioned :
" ... The steady functioning of the legal system , bersumberkan Pancasila and the 1945 Constitution by taking into account the prevailing legal order , which is capable of ensuring certainty , order ... " .
Guidelines of the charge , it is clear there is an opportunity to contribute to Islamic law in the construction of national law . It is given , that Islamic law is included in the prevailing legal order in society , which is capable of ensuring certainty , order , justice , truth and so on as desired by the law itself . All of that happened because Islamic law derived from syareat as described above , in accordance with the teachings of Allah , the Most Perfect Essence in all his .
By considering the various aspects mentioned above , it can be concluded that the prospect of Islamic law in the development of national law is very bright and good . However, it is not without drawbacks and constraints exist at all which enable it to run smoothly .
Among the weaknesses and constraints are :
Progress of the nation , which besides giving birth ethnic pluralism , also cultures, religions and beliefs . In addition , within the Islamic community itself , each region has a condition which sometimes differ from each other , meaning that the integration into national law should be chosen , which can already diunifikasikan and who can not .
For non-Islamic societies , it is quite understandable if not happy then the application of ( at least inspiration ) Islamic law on national law , while the government itself seems to not have a strong political will to enforce them ( especially in the criminal field ) , probably due to the trauma of the past by the presence of a group extreme Islam by violent means ( such as DI / TII ) and the last by Imam Samudra and Amrozi groups resulting in prolonged chaos .
Weak public awareness of Islam itself ( except in Aceh autonomy based khsusus are still in early stages of the trial and still appeared reluctant) to the importance of imposing Islamic law ( except in marriage , divorce and reconciliation ) , and compounded with still espoused the wisdom of colonial law continued in the New legislation ( BAL ) , which allows Muslims to choose between religious court by the General Court .
Weak understanding and mastery of Islamic law , even among Muslim scholars themselves are caused by many factors , such as the weakening of the Arabic language acquisition and methods istinbat , while Islamic law is widely circulated in the form of classic Fiqhi have to deal with a variety of new cases that are in need of new ijtihad , in addition to the is no longer associated with the fatwas of scholars ' mujtahidin earlier , the case is quite different as well ( such as engineering science and technology in human reproduction ) .
To overcome various obstacles and constraints above , then some solutions could potentially be considered , among others :
Hold a radical reform of the education law , both in common law and Islamic law that includes the pattern and curriculum , so it can print legal scholars reliable , productive , responsive and adaptable to the social development of society .
Realizing the institutional integrity of the faculty of Islamic Shariah law as the Trustees of the common law faculty as Trustees jurisprudence .
Promoting dialogue , seminars and the like between the experts of Islamic law with each other , and with the general legal experts to find a common vision and perception in order to build a national law .
In discussing the prospect of Islamic law in Indonesia , there are at least two aspects that need to be put forward :
Aspect strength and opportunities . Both are related to Islamic law and Muslims who act as advocates prospect of Islamic law in Indonesia .
Aspects weaknesses and obstacles . This aspect of the law relating to life in Indonesia, which became an obstacle for the application prospects of Islamic law as positive law in Indonesia .
As for the aspect of strength
Al - Quran and Hadith , which in addition to containing the doctrine of faith and conviction and morality , also includes social rules of law , both civil and criminal fields . Third essence of this doctrine has become an integral and inseparable part of Islam . All three like an isosceles triangle are mutually supportive thereof subsequently born in the principles of Islamic law , principles and objectives
Islamic Sharia comes to sheer human goodness , in accordance with nature and nature is therefore strongly encourage acts of kindness , and prohibits actions that merusak.Dengan so, then the products will always be legal according to the needs of a normal human being , at any time and in man Apun because syareat Islam is built upon and for the benefit of the man himself so that it will remain in demand .
In the history of law in Indonesia , where Islamic law into national law is a struggle for existence , which formulate the state of Indonesian national law in the past , present and future , that the Islamic law in the national law , both in the written and unwritten laws , in various fields of life law and legal practice .
Has been the realization of the contribution of Islamic law into national law , either in the form of law and IP , are clear evidence of the power and ability to integrate with the Islamic law in national law .
Aspects such power will increasingly exist with respect to some aspects of support as follows:
Pancasila , as stated in the Preamble to the Constitution - 45 as the basis of the State , the sila - basic principles are the norm and the highest norms for the operation of all state basic legal norms . has placed religion ( especially on the first principle ) in a position that is very fundamental , and include teaching and laws in the life of the nation .
This means , that the philosophical - political relationship with religion Pancasila very closely , because placing it in a central position , first and foremost . Thus , the teaching ( including law ) of Islam which is the religion of the majority of the Indonesian population fad , and has given a great chance to color the national law .
Guidelines in 1993-1998 , among others mentioned :
" ... The steady functioning of the legal system , bersumberkan Pancasila and the 1945 Constitution by taking into account the prevailing legal order , which is capable of ensuring certainty , order ... " .
Guidelines of the charge , it is clear there is an opportunity to contribute to Islamic law in the construction of national law . It is given , that Islamic law is included in the prevailing legal order in society , which is capable of ensuring certainty , order , justice , truth and so on as desired by the law itself . All of that happened because Islamic law derived from syareat as described above , in accordance with the teachings of Allah , the Most Perfect Essence in all his .
By considering the various aspects mentioned above , it can be concluded that the prospect of Islamic law in the development of national law is very bright and good . However, it is not without drawbacks and constraints exist at all which enable it to run smoothly .
Among the weaknesses and constraints are :
Progress of the nation , which besides giving birth ethnic pluralism , also cultures, religions and beliefs . In addition , within the Islamic community itself , each region has a condition which sometimes differ from each other , meaning that the integration into national law should be chosen , which can already diunifikasikan and who can not .
For non-Islamic societies , it is quite understandable if not happy then the application of ( at least inspiration ) Islamic law on national law , while the government itself seems to not have a strong political will to enforce them ( especially in the criminal field ) , probably due to the trauma of the past by the presence of a group extreme Islam by violent means ( such as DI / TII ) and the last by Imam Samudra and Amrozi groups resulting in prolonged chaos .
Weak public awareness of Islam itself ( except in Aceh autonomy based khsusus are still in early stages of the trial and still appeared reluctant) to the importance of imposing Islamic law ( except in marriage , divorce and reconciliation ) , and compounded with still espoused the wisdom of colonial law continued in the New legislation ( BAL ) , which allows Muslims to choose between religious court by the General Court .
Weak understanding and mastery of Islamic law , even among Muslim scholars themselves are caused by many factors , such as the weakening of the Arabic language acquisition and methods istinbat , while Islamic law is widely circulated in the form of classic Fiqhi have to deal with a variety of new cases that are in need of new ijtihad , in addition to the is no longer associated with the fatwas of scholars ' mujtahidin earlier , the case is quite different as well ( such as engineering science and technology in human reproduction ) .
To overcome various obstacles and constraints above , then some solutions could potentially be considered , among others :
Hold a radical reform of the education law , both in common law and Islamic law that includes the pattern and curriculum , so it can print legal scholars reliable , productive , responsive and adaptable to the social development of society .
Realizing the institutional integrity of the faculty of Islamic Shariah law as the Trustees of the common law faculty as Trustees jurisprudence .
Promoting dialogue , seminars and the like between the experts of Islamic law with each other , and with the general legal experts to find a common vision and perception in order to build a national law .
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