Transformation and Future Challenges of Islamic Law in Indonesia

Bibliographic Data

ID22353159
AuthorsA Malthuf Siroj, Ismail Marzuki (0000-0003-4988-1657), Elkhairati Elkhairati (Institut Agama Islam Negeri Bukittinggi)
Year2023
Volume8
Issue1 May
Pages95
Publication date2023-05-16
Open AccessYes
TypeARTICLE
VenueAl-Istinbath: Jurnal Hukum Islam (JOURNAL)
Journal identifiersISSN: 2548-3374 • E-ISSN: 2548-3382
PublisherIAIN Curup (PUBLISHER)
DOI10.29240/jhi.v8i1.6618
OpenAlexW4381492091
LanguageEN
Citations received5
References cited9

This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia

Comparative law · Geography · Ideology · Islam · Legitimacy · Political science · Politics · Sharia · Indonesian Legal and Regulatory Studies · Law · Legal and Social Justice Studies · Legal Studies and Policies

Tools

Open DOIOpen Access