Jurnal Hukum Islam
Vol 20 No 1 (2022)

Comparative Study of the Process of Islamic Law Legislation in Indonesia with Malaysia and Its Implementation into Legislation Regulations

Ahmad Nurozi (Universitas Islam Indonesia, Indonesia)



Article Info

Publish Date
23 Jun 2022

Abstract

Islamic law in Indonesia and Malaysia in terms of rules and regulations, to explain the position of customary law, and Islamic law in the statutory system in Indonesia and Malaysia, and to find out how the implementation of Islamic law in Indonesia and Malaysia which is a product of legislation. The results showed that the legislative process of Islamic law in Indonesia and Malaysia is colored by various methods so that it is formed into statutory provisions; Islamic legal legislation in Indonesia is the basis for the formation of laws is a reflection of regulations that become the ideology of the state philosophy not only of Islam but also for adherents of other religions. The Islamic law legislation in Malaysia begins with issues requiring legal certainty to ensure that Muslims can overcome the mistakes and problems faced. There are times when fatwas are merely fatwas and not one law. When the fatwa becomes law, if it is approved by the Sultan and agreed upon by the Majlis Mesyuarat of their respective Kingdoms if the regulation is in line with the basis of the determination, then the law can be applied; on the contrary, the established law is not in line with the vision and mission of the nation, then the product of the legislation will disappear control.

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Journal Info

Abbrev

jhi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...