Tracing The Trialectic
The Process and Influence of Three Laws in The Establishment of Religious Courts in Indonesia
Bibliographic Data
| ID | 22324224 |
|---|---|
| Authors | Moh Muafiqul Khalid MD, Moh Muafiqul Khalid (Universitas Islam Internasional Indonesia), Aldi Hidayat (Sunan Kalijaga State Islamic University Yogyakarta), Muhammad Alan Juhri (Universitas Islam Internasional Indonesia), Elvina Lintang Solehah (International University) |
| Year | 2024 |
| Volume | 21 |
| Issue | 1 |
| Pages | 137-154 |
| Publication date | 2024-06-25 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Justicia Islamica (JOURNAL) |
| Journal identifiers | ISSN: 1693-5926 • E-ISSN: 2502-7646 |
| Publisher | STAIN Ponorogo (PUBLISHER • ID) |
| DOI | 10.21154/justicia.v21i1.8741 |
| OpenAlex | W4401155623 |
| Language | EN |
| References cited | 9 |
This article discusses the legal trialectic in establishing the Religious Courts in Indonesia. Since its establishment in 1882, the Religious Courts have not fully represented Islamic law as its primary source. To trace this trialectic, the author uses Ebrahim Moosa's theoretical framework of "transculturation, counterpoints, social imaginary, networks, and legal orientalism." For this purpose, the author proposes two problem formulations. First, what is the process of trialectic attraction between Islamic law, positive law, and customary law in the establishment of the Religious Courts? Second, what is the extent of the influence of positive and customary law in limiting the role of Islamic law? The author offers two novelties, namely methodological novelty in Indonesian Islamic studies, by adopting Ebrahim Moosa's theory. Finally, the conclusive novelty is that the Religious Court is not derived from Islam but from the trialectic of three laws. The practical contribution of this study is to re-question the roles of religious courts in formalizing and implementing Islamic law in Indonesia, with the hope that religious courts will become a dialectical space where Islamic law continues to develop so that it can make a practical contribution to contemporary Indonesian society
Political science · Tracing · Asian Studies and History · Computer Science · Gender and Women's Rights · Law · Legal Studies and Policies
Aligning Islamic Law and Customary Law
Religious conservatism, Islamic criminal law and the judiciary in Indonesia
Colonial Law and the Genesis of the Indonesian State
Adat Law, Ethics, and Human Rights in Modern Indonesia
A Critique of Postcolonial Reason
Culture and Imperialism
Orientalism, Colonialism, and Legal History
| Highly cited | No |
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