Journal of Indonesian Legal Studies
Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept

Islamic Law Codification: The Friction on Authority of Islamic Law Establishment

Afdal, Windi (Unknown)



Article Info

Publish Date
15 Aug 2017

Abstract

This paper is intended as a historical research study on renewal business through technical codification of Islamic law (Taqnin) as well as theoretical implications of the legislation (Tashri’) of Islamic law through the political authorities called parliament. The authors conclude that taqnin and tashri’ as an instrument of reform in Islamic Law is not something new from if analyzed from a historical perspective. This has been initiated in the past at least by Daulah Abbasiya in the Second Century Hijriyah or Eighth AD, but failed because of a conflict between the political authority (umara) and religion (ulama) in fighting authority of the establishment of Islamic law. This issue over and over again when codification movement and legislation of Islamic law in the modern era has theoretically implicated and it is a rare phenomenon that should be more deeply considering the renewal of Islamic law which is ongoing it contains at least one millennium old historical value.

Copyrights © 2016






Journal Info

Abbrev

jils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the ...