Legislasi Hukum Islam dalam Sistem Hukum Nasional

Jurnal Pendidikan Islam Indonesia

View Publication Info
 
 
Field Value
 
Title Legislasi Hukum Islam dalam Sistem Hukum Nasional
 
Creator Ainun Najib
 
Subject legislation
Islamic law
national legal system
 
Description Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. Transforming Islamic law into national law requires negotiation and dialectics through a friendly approach and does not trigger national disintegration. So that the process of transformation into the resulting national law can be divided into two forms, first, Islamic law is adapted into positive law in the form of organic law. Second, accommodation in the form of absorption of Islamic values into national law, by not using Islamic / Islamic labels. The transformation of Islamic law into national law is a manifestation of responsive and accommodative legal development.
 
Publisher PPs UNIB
 
Date 2020-10-15
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ojs.pps-ibrahimy.ac.id/index.php/istidlal/article/view/267
10.35316/istidlal.v4i2.267
 
Source Istidlal: Jurnal Ekonomi dan Hukum Islam; Vol 4 No 2 (2020); 116-126
2548-7957
2548-754X
10.35316/istidlal.v4i2
 
Language eng
 
Relation https://ojs.pps-ibrahimy.ac.id/index.php/istidlal/article/view/267/175
 

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