Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Academy of Islamic Studies

Department

Department of Fiqh-Usul and Applied Sciences (formally known as Department of Fiqh and Usul)

Institution

Universiti Malaya

Abstract

This study focuses on the compilation of Islamic law (KHI) as a book of Islamic law in Islamic Family Law which is legalized the implementation of Islamic law in Indonesia through “The instruction of President No. 1. 1991“. The study based on solely on the library research by utilizing the descriptive analytical, historical and content analysis method in analyzing the collected data. Historically, the implementation of Islamic law in Indonesia has become faded and sometimes depends on local government authority. Initially, the relationship between the Traditions of Nusantara Archipelago and Islamic law has blended and became a law that lives in local people. And it also has used as one of government law in some local government in Indonesia. Such reality has changed drastically with the Dutch government intervene to Islamic law in Indonesia. Obviously, coupled the Dutch’s power and religious policy, they have disturbed the domination of Islamic law and local laws in Indonesia. When Indonesia gains its independent from the Dutch colonialism, it seems that the implementation of Islamic law in Indonesia is more in progress. Furthermore the values of Islamic law in Indonesia have been accepted. Even, certain elements of Islamic law have been recognized as an Indonesia’s law, called as the Islamic Law Compilation (KHI). While the KHI is a reformation of Islamic law, it does not prevent the dynamism of Islamic legal thought in Indonesia initiated by several modern Muslim scholar and organizations. There are many assumptions related to these phenomena, among them is, pre-conception that consider certain part of the content assessed do not accordance with the teaching of Islam. Among them is the marginalization of women, many problem that occur, are not compiled, and also the process of its codification certain political wishes. The study finds that KHI contains with several weaknesses viewed from the Islamic legal thought. Although KHI has Islamic legal idea such as “Urf,  Mas}lah}ah al-mursalah and Saddu al-dhari>’ah”, nevertheless, the tajdid’s philosophical and epistemological aspect are neglected in KHI. In addition, some of KHI’s content are incomplete and require some changes in order to in line with current developments, especially those modern issues related to the medicine and biotechnology. In other aspect, the modern Muslim community is already used the concept of nation-state as the current reality. Therefore, the development of thinking and implementation of Islamic law must correspondence with the present situation as well as developing the concept of the relationship between religion (Muslim) and the state.

Initial

khm

Additional Information

Dissertation (M.A.) – Academy of Islamic Studies, Universiti Malaya, 2010.

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