Revitalisasi ideologi dalam perspektif Islam, baik pada tingkat nasional maupun global selalu bermuara pada aspirasi dan tuntutan untuk mengimplementasikan syariat atau hukum Islam secara total (kaffah). Dalam Negara hukum Indonesia, aspirasi dan tuntutan semacam itu tidak selalu bisa dipenuhi. Hal ini karena Negara hukum Indonesia, sejak awal dibangun atas dasar semangat kebangsaan yang didasarkan atas prinsip ketuhanan, kemanusiaan, keadilan, dan kesetaraan atau persamaan bagi setiap warga Negara didepan hukum. Oleh karena itu aspirasi dan tuntutan penerapan syariat Islam selalu mengalami kendala bila didalamnya terdapat unsur diskriminatif atau unsur lain yang dapat menghilangkan jaminan dan perlindungan terhadap hak asasi warga negara yang sudah dijamin oleh konstitusi. Paper ini akan menjelaskan tentang pengertian dan karakter syariat, tujuan syariat, model-model penerapan syariat di sejumlah Negara Muslim, model atau teori penerapan syariat Islam di Indonesia menurut sejumlah pakar, pilihahan atau alternative yang bisa digunakan untuk memperjuangkan aspirasi dan tuntutan implementasi syariat Islam di Indonesia dan ditutup dengan simpulan. Revitalization of ideology in Islamic perspective, both at national and global level always leads to aspirations and demands to implement sharia or Islamic law in total (kaffah). Within the legal State of Indonesia, such aspirations and demands can not always be met. This is because the Indonesian state of law, from the beginning built on the spirit of nationality based on the principle of divinity, humanity, justice, and equality or equality for every citizen in front of the law. Therefore, the aspirations and demands of the application of Islamic Sharia always experience constraints if in it there are discriminative elements or other elements that can eliminate the guarantee and protection of citizens rights that have been guaranteed by the constitution. This paper will explain the understanding and character of the Sharia, the purpose of Sharia, models of Sharia application in some Muslim countries, the model or theory of application of Islamic Shariah in Indonesia according to some experts, alternatives or alternatives that can be used to fight for aspirations and demands of the implementation of Islamic Shariah Indonesia and concluded.
In Islam, the complexity and uniqueness of relation of state and religion can be traced back in history of the relation of Islamic law and state. The purpose of this study is to describe the place of Islamic law in Unitary State of Republic Indonesia and the models or alternatives that can be used to practice Islamic law. This research is a kind of non doctrinal qualitative legal research which included some problems, policy and law reform based research. The subject of this study is the substance and norms of sharia that has been accommodated by Indonesia legal system or has been applied through its protection. Data was collected from the book or documents. From this study, it can be concluded that although officially, Indonesia is not religious state, philosophically the purpose of sharia has been accommodated in Indonesia legal system, legally there is no obstacle to absorb sharia values and norms into positive law as long as it is not contrary to the constitution. This study also concluded that practically, there are some alternatives that can be used by Muslims in practicing sharia. This result implies that there is no need for Muslim to establish an Islamic theocratic state in order to practice comprehensive sharia.
Indonesia is a pluralistic nation when seen from diverse ethnic, cultural, linguistic, ethnic and religious diversity as a result of it is likely to have a positive impact or negative. Pluralism in Islamic thought caused by the many schools of theology, jurisprudence flow or Islamic law, schools of philosophy, mysticism or the mysticism and political currents. In this paper, the authors focus on explaining some of the factors that hinder the development of pluralism in Indonesia, which is associated with the concept of the protection of religion, the concept of ‘amar ma‘ruf nahyi munkar, the concept nasakh-mansukh, other threats to diversity is the rise of authoritarianism in the interpretation of religion, lack of enforcement law from law enforcement officials in Indonesia, and the weakness of education and understanding among Muslims toward religion.
West Java is a province whose level of religious intolerance is still high. But different sights are found in the village of Sindang Jaya, Ciranjang, Cianjur. The people of this village, despite having a significant population of Christians, there has never been any friction or religious social conflict. The study aims to describe the religious life of the people of this village, the socio-religious interaction between them, the factors caused it and its implications. This research was conducted with qualitative approach supported by quantitative data or known as mixed method. This study found that the religious life of this village is, generally, harmonious and tolerance. They practiced inclusive, tolerance and humanistic theology. Only small amount of them who still adhere intolerance theology. Social-religious interaction between Muslims and Christians in this village is quite intensive. Factors that influences it include historical, theological, sociological and political. The study also found that sociological and political factors are the dominance ones. This study implies that maintaining harmonious interfaith communication need multi methods and multi disciplined approach.
The phenomena of extremism and radicalism that potentially lead to an act of terrorism still widespread in the world and becoming a global challenge. The purpose of this study was to identify and describe radical mindset among the Islamic school leaders in Indonesia. The subject of this study was 225 leaders of Islamic boarding school that is called Pesantren in West Java, Indonesia. Data were collected using survey and interview. The result of this study was that there are still elements of radicalism and fundamentalism in the mind of pesantren leaders when they constructed the meaning of jihad. The ambivalently or inconsistency also occurred in their mind. In the one hand they have supported the compatibility of democracy with Islamic teaching, but on another hand, they also supported the establishment of the theocratic caliphate. Some of them also still maintained the element of sharia law which contained discrimination and intolerant to be applied in Indonesia. This finding implies that reconstructing the Islamic teaching that more familiar with the value of tolerance, democracy, and modernity in all level of educational institution in Indonesia is badly needed in order to prevent the widespread of radical element as early as possible.
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