Abstract
Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia.
 Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.
Highlights
For the Indonesian people with the majority being Muslim, it should have a greater position, because it can be placed in the position of awareness of Muslims to practice it
Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader
As an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change
Summary
Putting Islamic law in a proportional position, that in general Islamic law has a position similar to Western law. Actualization of positive law is contained in written regulations that accommodate the interests of related parties in order to maximize the benefits that will be obtained by the community. In this case the intended agency is the legislature (DPR and Government). The development of national law implies the actualization of the function of law as a social engineering tool (law as a tool of social engineering), an instrument for problem solving (dispute resolution), and an instrument for regulating community behavior (social control).
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