Jurnal Ilmiah Hukum LEGALITY
Vol. 31 No. 1 (2023): March

Islamic nomocracy: from the perspectives of Indonesia, Spain and Russia

Sugeng Wibowo (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Khudzaifah Dimyati (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Absori Absori (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Kelik Wardiono (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Tomás Mateo Ramon (Master of Legal, Universitat Internacional de Catalunya, Sapin)
Arief Budiono (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Vanka Lyandova (Faculty of Law, Saint Petersburg State University, Russia)



Article Info

Publish Date
15 Apr 2023

Abstract

The Indonesian Islamic nomocracy paradigm has a long history and a cultural relationship with the national struggle that coincides with political and religious orientations. The Islamic nomocracy is inseparable from the relationship between Islam and the state rather than being linked to Islamic doctrine and power. This research employed the normative sociological method. It used a philosophical approach from Barbour’s paradigm of the relationship between religion and science and Habermas’ thought on religion in public spaces. This research strives to analyze the Islamic nomocratic paradigm pattern prior to Indonesian independence as a crucial stage that influences the following eras, namely the post-independence era, the Old Order Era, the New Order Era, and the Post-Reformation era up to now. This research aims to find the basics and the development of the Islamic nomocracy in the Indonesian legal system. The roots of the Islamic nomocracy legal thought in Indonesia can be traced to the pre-independence era. In the development of Islamic kingdoms, there was a dialog and integration process between the Islamic nomocracy and the kingdom government. After the War of Java, the conflict and independence pattern was formed. Before Indonesian independence, the Islamic nomocracy thought developed into Pan Islamism which tended to be conical to legal formalization through the caliphate system. After Indonesia’s independence, some of the Islamic nomocracy legal thought recognized the state as one of the legal systems in Indonesia besides customary law and positive law. Then, Indonesia became a partly-Islamic Legal State with a constant up-and-down relationship with the state. The authors also completed this paper with perspectives of Spain and Russia as both have been ruled under Muslim governance.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...