Transforming Islamic Law in Indonesia from a Legal Political Perspective

Yani, Ahmad; Barthos, Megawati

doi:10.21580/ahkam.2020.30.2.6333

Cited by 8 publications

(9 citation statements)

References 5 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…However, Islamic law in Indonesia has taken on a unique form, reflecting the country's diverse religious and cultural history. Indonesian Muslims have developed their interpretation of sharia, incorporating local values and customs (Faisal, 2019;Federspiel, 2003;Lubis, 2003;Lukito, 1997Lukito, , 2019Manullang, 2020;Salim, 2015;Yani & Barthos, 2020;Yunus et al, 2020). In addition, with the ratification of the Constitution in 1945, Indonesia became the first country in the world to formally accept Islamic law.…”

Section: A the Role Of Islamic Law In Indonesia's Nation-buildingmentioning

confidence: 99%

“…Indonesia is home to the largest Muslim population in the world, and the country's political landscape has experienced a significant shift towards integrating Islamic law into its legal framework over the past few decades (Butt & Lindsey, 2018;Faisal, 2019;Kushidayati, 2014;Lukito, 2019;Muhazir, 2021;Ramadhan, 2020;Yani & Barthos, 2020). Implementing Islamic law in Indonesia has resulted in various debates and controversies, mainly concerning human rights and religious minorities' rights.…”

Section: The Future Of Islamic Law In Indonesiamentioning

confidence: 99%

See 1 more Smart Citation

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Wang

2023

EJSOCIAL

View full text Add to dashboard Cite

This article analyses the dynamic and diverse role that Islamic law plays in the process of nation-building that is currently taking place in Indonesia. It is discussed in great depth how significant Islamic law is to Indonesian society, beginning with its origins in pre-colonial periods and continuing up to the present day. It covers the political, economic, and social consequences that have developed as a direct consequence of Indonesia's adoption of Islamic law as its official legal system. These ramifications have arisen as a direct consequence of Indonesia's adoption of Islamic law as its official legal system. These consequences have been experienced by people in every region of the country. In this article, the challenges that arise when attempting to apply Islamic law in a nation as diverse and democratic as Indonesia are acknowledged and discussed. Among these are mending the breach between religious conservatism and secularism and creating a happy medium between the ideals of Islamic law and human rights. Despite these challenges, the article emphasizes how important it is for Indonesia's many different religious and cultural communities to maintain open lines of communication and work together. This article demonstrates how important it is to build a society in which the rights of each citizen are respected and safeguarded. In light of respect for the varied history of Indonesia, the author finishes the piece with a call for national solidarity to achieve peace and prosperity in Indonesia.

show abstract

Section: A the Role Of Islamic Law In Indonesia's Nation-buildingmentioning

confidence: 99%

Section: The Future Of Islamic Law In Indonesiamentioning

confidence: 99%

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Wang

2023

EJSOCIAL

View full text Add to dashboard Cite

show abstract

“…UUP memang didominasi oleh nuansa hukum Islam yang bertransformasi menjadi hukum positif, keadaan sosial pada waktu itu meniscayakan terbentuknya UUP dengan model demikian (Yani & Barthos, 2020). Modal kekuatan sosio-kultural mayoritas umat Islam di Indonesia yang ikut serta berinteraksi dalam proses pengambilan keputusan politik merupakan alasan utama dari desain hukum perkawinan di Indonesia dan hal tersebut merupakan bagian dari politik hukum itu sendiri (Islam, 2018).…”

Section: Tinjauan Politik Hukum Dan Politik Agama Terhadap Hukum Perk...unclassified

Promlematika Hukum Perkawinan Aliran Kepercayaan di Indonesia; Antara Politik Hukum dan Politik Agama

Rois,

Muldani,

Munir

et al. 2023

YUDISIA

View full text Add to dashboard Cite

The freedom of every citizen to embrace and carry out worship based on belief and religion is a constitutional mandate contained in the first precepts and article 29 of the 1945 Constitution. The existence of followers of a belief must receive protection and legal certainty and receive equal status before the law. However, what is a disclaimer regarding this is the reality of marriage law in Indonesia when faced with adherents of belief. Article 2 paragraph ( 1) and ( 2) of the Marriage Law states that a marriage is said to be valid if it is carried out based on the laws of each religion and belief. As well as requiring it to be registered in the state administration. This paper raises the issue of marriage for religious adherents in Indonesia from two perspectives, namely the perspective of legal politics and religious politics. This paper was compiled using a descriptive qualitative method with a legal normative research approach. Data collection uses desk research and annotated bibliography methods. The findings in this paper show that until now the law of marriage for adherents of belief still contains polemics in its implementation. Meanwhile, when viewed from a legal political perspective, the government should regulate and provide legal certainty for marriages of religious beliefs, both adherents of religious beliefs or marriages between adherents of beliefs and non-believers as a form of legal supremacy. However, when viewed from the politics of religion, the existence of a belief system requires a clear understanding of the meaning of the term "belief".

show abstract

“…Islamic law that derives from Islam and is afterwards incorporated into Islam is referred to as Islamic law (Yani & Barthos, 2020). Or, to put it another way, Islamic law can be understood as a collection of norms, principles, or regulations that are binding and originate from Allah SWT (Yuslem, 2017).…”

Section: Literature Reviewmentioning

confidence: 99%

Sharia Appraisal of the Bohe’ Ritual as a Way for Treatment and Prevention Disease

Ramli¹,

Iqbal

Anugrah³

2022

Pappaseng: I.J.Islam.Lit.Soc

View full text Add to dashboard Cite

Some residents of Bulukumba adhered to the bohe’ rite as a religious practice. The residents of Lembanna Village, Bontobahri District, Bukukumba Regency thought that the bohe’ ritual, in this case involving a walnut crab, possessed supernatural qualities and could cure a variety of illnesses. This study attempted to explain the ancestry of the bohe ceremony and evaluate Islam's approach to community rituals. This study employed a sociocultural, qualitative methodology. According to the research, bohe’ was an animistic ritual based on the ancestral practices of the inhabitants of Lembanna Village that was believed to be able to treat a variety of maladies, including skin diseases, itching, and allergies, and many people even asked for children. When one of the sick was immediately sent to bohe’ for a ritual to be performed in the hope that the ailment he experienced might be treated, the ritual became highly mystical in the community because it was a reference for previous individuals and a stigma for society. From the bohe’ ritual, it is possible to conclude that the rituals of the ancient people were not in accordance with the teachings of Islam, as the ritual process diverged from the religious faith, consisted of bad habits, and sought healing from a source other than Allah. In order to avoid deviating from the Islamic faith, it was hoped that the public would pay close attention to right and wrong and engage in a great deal of self-reflection by reading the prayers or mantras cast by Sanro (local shaman) or a handler with a more Islamic orientation, such as by reading shalawat or other suras from the Qur'an and Hadith.

show abstract

Transforming Islamic Law in Indonesia from a Legal Political Perspective

Cited by 8 publications

References 5 publications

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

The Intersection of Islamic Law and Nationhood in Contemporary Indonesia

Promlematika Hukum Perkawinan Aliran Kepercayaan di Indonesia; Antara Politik Hukum dan Politik Agama

Sharia Appraisal of the Bohe’ Ritual as a Way for Treatment and Prevention Disease

Contact Info

Product

Resources

About