al-Afkar, Journal For Islamic Studies
Vol. 5, No.3, July 2022

THE STRENGTHENING OF ISLAMIC LAW COMPILATION AS MATERIAL LAW IN INDONESIAN RELIGIOUS COURT

Arip Purkon (Department of Sharia and Law, Academy of Islamic Studies, University of Malaya)
Ahmad Hidayat Buang (Department of Sharia and Law, Academy of Islamic Studies, University of Malaya)
Mohd Hafiz Jamaludin (Department of Sharia and Law, Academy of Islamic Studies, University of Malaya)



Article Info

Publish Date
20 Aug 2022

Abstract

Islamic law is an inseparable part of national law in Indonesia. Islamic law has a great opportunity to become national law. One form of Islamic law that has become national law is Islamic Law Compilation. This article examined the existence of Islamic Law Compilation and opportunities for its development, the material content and legal force. This research concluded that: first, although its legal force is still debated, in practice, the Islamic Law Compilation has been used as material law or reference by judges in Indonesian religious courts in deciding cases. Second, the material for Islamic Law Compilation can be deepened and expanded by using a strong ushul fiqh method and can refer to the jurisprudence of judges' decisions, contemporary fatwas from muftis or world religious institutions and scientific studies in the field of Islamic law. Third, to increase the power of law, the Islamic Law Compilation can be fought so that it can become a law.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...