Prospek Hukum Islam Dalam Konstelasi Hukum Nasional

Murtadha, Ali (2014) Prospek Hukum Islam Dalam Konstelasi Hukum Nasional. Jurnal Kajian Islam, 6 (1). pp. 1-24.

Text PROSPEK HUKUM ISLAM DALAM KONSTELASI HUKUM NASIONAL.pdf Download (15MB)

Abstract

Islam is a perfect religion that governs all facets of life of Muslims. Implement Islamic law is a measure of a person in carrying out his religious obseryance. Demands Muslims to carry out Islamic law is universal that transcends territorial boundaries. What is clear Islamic law can exist and run by Muslims anywhere, anytime, and under any circumstances. In the context of Indonesian-ness, Islamic law is wide open to be one of the sources of vahte in the fill material law in the future development of the national law. Islamic law is prospective to integrate the values of lo (local wisdom) with the values of Islam. This statement is not something that is constitutionally opposed to the existing regulations, but the elements of the national legal system are the values that live in the community. In sosioantropologt, Islam as a religion thctt has existed in Indonesia following the arrival of Islam in Nusantara, and has been practiced in everyday ltfe as a law of life (the living law) in the middle of society where Muslims are a majority in this country. So he has a very high accessibility of Muslims towards Islamic law in Indonesia. It has been proven in the historiography of Islamic law that Islamic law ever be a state law when the archipelago was still in the form of kingdoms led by Sulthan. Apart from that one of the characteristics of Islamic law is a dynamic that gives ample scope to perform ljtihad to a question that there is no textual basis in the Qur'an and Sunnah

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