Development of Islamic Law in Indonesia

This study aims to determine the role and influence of Islamic organizations in the formation and development of Islamic law in Indonesia. This research is a qualitative library research with a normative and conceptual theological approach. The results of the study indicate that the development of Islamic law in Indonesia cannot be separated from the role of Islamic organizations from time to time, starting from the time of independence to the present. Of each Islamic organization in Indonesia, each has its own character and influence in the development and enforcement of Islamic law, but generally carry out religious activities (da'wah), education, health, social, political services, to economic empowerment. Many Islamic organizations have contributed significantly to the growth and development of Islamic law in Indonesia through their legal institutions. It is intended that Islamic law applied in Indonesia has an Indonesian personality or has an Indonesian perspective. Reforms in Islamic law in Indonesia are carried out gradually and not only in the field of worship/religion (diyānī), but also in the field of qaḍā'i (judicial) through fatwas issued by the Islamic legal institutions of each organization.

The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.

This study aims to determine how the application of Islamic law in Indonesia in the sociological review of law both before and after independence. This research is a type of library research using a philosophical and sociological approach. The results of this research show that: The development of Islamic law in Indonesia has started since before independence and after independence, namely the old order and Entering the new order era under President Soeharto the issuance of Law number 2 of 1989 concerning the national education system which strengthens religious lessons into compulsory lessons from elementary to college. Law No.7 of 1989 regarding religious courts, compilation of Islamic law, Pancasila Muslim charity foundation, construction of Hajj dormitories, special program madrasah aliyah, postgraduate programs at IAIN, Arabic broadcast on TVRI, the formation of religious organizations such as MUI, ICMI, IPHI etc. There are two problems that have a major impact on the application of Islamic law in Indonesia. First: because of the entry of Western law and because it intersects with customary law. Second: Due to political influence and community culture. In a sociological view, Islamic law is difficult to implement perfectly, because Islamic law is both in the area of ​​religion and in the territory of the state. This social problem causes a tug of war between religious principles and state principles. The solution to this tug of war is that in the public domain it is the responsibility of the state, while the individual area is given to religion. Judging from the sociological aspect, the material products of Islamic law in Indonesia must be able to accommodate the problems in dispute and how they are resolved in simple society and modern society. This research is expected to be an additional reference in knowing the application of Islamic law in Indonesia in the sociological review of law both before and after independence.

This paper titled dynamics of Islamic law and actualization theories of Islamic law in Indonesia. Main problems is how the dynamic development of Islamic law in Indonesia? in solving the problem briefly used methods, such as the study begins with the collection of data from multiple reference literature then written to the qualitative analysis through several approaches such as historical approach, sociological and juridical. Found that the development of Islamic law is very dynamic and competitive since the entry of Islam in Indonesia. Though Islamic law under challenge but it still can grow and synergize with Islamic laws that exist in Indonesia such as customary law and Western law. Of the dynamics, appeared several theories enactment of Islamic law such as the theory of The Creed of Islam, Reception in Complexu theory, Receptie theory and Exit theory. These theories are recorded in the history of Islamic law in the colonial period and the early days of independence. Attention to the meaning and legal basis of these theories in the development of Islamic law from time to time, these theories still exist, and can be actualized in the middle of coaching and the implementation of Islamic law in Indonesia, because it has a strong philosophical foundation and the real sociological foundation. Just depends on the willingness and ability of the people of Islam.

Objective: This study aims to analyze the existence of Islamic law in Indonesia in the millennial era in supporting the achievement of the Sustainable Development Goals (SDGs) through the perspective of Maqashid Sharia. Theoretical framework: The theoretical framework used is the theory of Maqashid Syariah Al-Ghazali and Al-Shatibi which emphasizes the five main aspects of protection: religion, soul, intellect, heredity, and property. Literature Review: This review is based on a literature review that includes the development of Islamic law in Indonesia, its relevance to the goals of the SDGs, and the relevance of Maqashid Syariah as a conceptual framework to bridge between sharia principles and modern needs. Methods: The research method used is qualitative with a literature study approach. Data was obtained through the analysis of documents, such as Islamic law regulations in Indonesia, public policies related to the SDGs, and the latest scientific articles. The analysis was carried out in a descriptive-analytical manner to evaluate the contribution of Islamic law to social, economic, and environmental sustainability. Results: This study shows that Islamic law in Indonesia, such as zakat, waqf, and sharia financing, has contributed significantly to poverty alleviation (SDG 1), improvement of quality education (SDG 4), and reduction of inequality (SDG 10). The Maqashid Sharia approach allows Islamic law to continue to be relevant in facing the challenges of the millennial era, especially through adaptation to digital technology and inclusion-based economic development. Implications: This study shows that the strengthening of Islamic law based on Maqashid Sharia can be a unique and contextual model of sustainability for Indonesia. This result also encourages legislation and public policy to further integrate Islamic values in efforts to achieve the SDGs. Novelty: The novelty of this research lies in the merger of Islamic law, Maqashid Sharia, and SDGs in the context of the millennial era. This study offers a new perspective on how Islamic law is not only relevant but also instrumental in supporting the global development agenda while maintaining sharia principles. This integration provides a strategic framework for the development of Islamic law in Indonesia in supporting holistic and inclusive sustainability.

This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said’s assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be “modernizing” Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naïve to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.

This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said’s assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be “modernizing” Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naive to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.

The irfani approach in the study of Islamic law is a method that integrates spiritual experience, intuition, and moral values in understanding and applying legal principles. This research aims to explore the relevance, implications, and challenges of the irfani approach within the context of Islamic law in Indonesia. By employing normative juridical analysis and literature study, this study finds that the irfani approach enriches the understanding of Islamic law by linking it to contemporary issues, such as social justice, environmental protection, and human rights. This perspective encourages a more holistic and ethical interpretation of legal principles, moving beyond rigid textual analysis. Furthermore, this research highlights the potential harmonization between Islamic law and customary law (adat law) in Indonesia. This integration can create a more inclusive, culturally adaptive, and community-responsive legal system, which aligns with Indonesia's pluralistic legal landscape. However, challenges remain in the widespread acceptance and implementation of the irfani approach. Resistance often arises from scholars and institutions that prefer conventional, textual, and rationalistic approaches to Islamic law, perceiving the irfani method as subjective or lacking legal rigor.Despite these challenges, strengthening education, scholarly dialogue, and interdisciplinary engagement between Islamic law scholars, legal practitioners, and policymakers can foster a greater appreciation for the ethical and spiritual dimensions of Islamic law. By incorporating mystical insights and moral considerations, the irfani approach has significant potential to contribute to the evolution of Islamic law in Indonesia, ensuring its relevance, inclusivity, and adaptability in addressing the complex challenges of modern society.

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.

Abstract:
 The development of today's era requires Muslims to be able to filter the information circulating in the community to be able to examine its truth based on the sources of the Qur'an and hadith. Meanwhile, the paradigm related to Islamic law in Indonesia must have clear shari'ah and creed boundaries. So that it does not cause controversy for Muslims. This paper discusses the perspective of Ar-Raisuni's reflection in Islamic family law in Indonesia. The type of research used is Library Research, by providing data analysis from various sources, both from scientific journals, online news or books. The problems faced are problems in the context of Islamic family law in Indonesia which are studied from the perspective of Ar-Raisuni. The conclusion of this paper provides an understanding that, Islamic law has a function as "Rahmatan Lil Alamin." Thus, Islamic law is very universal, elastic and dynamic. It is proven by making al-mashlahah as one of the legal arguments, because al-mashlahah can accommodate all the benefits of a society, both individually and in groups.
 Key Words: Reflection, Maslahah, Ar-Raisuni, Islamic Family Law

Islamic law brought by the prophet Muhammad, popularized by jargon “wama arsalnaka ila rahmatan lil'alamin” (not the message of Islam was revealed, but for the benefit of the entire universe) that govern the lives of Muslims in particular and mankind in general correspond to Islam derived its name from salam which means safety, means to bring salvation to the whole entire universe without exception, including for the people of Indonesia. But lately, Islam as if identified with terrorists, radicals, and fully impressed with the spread of violence in the media, the author makes the heart sad, move from here the author would like to see the existence of Islamic law in Indonesia in national development as a consolation. In this paper, the author tries to decipher how the development of Islamic law in Indonesia, how Islamic law is applied in Indonesia, and how the contribution of Islamic law to undermine national development. Authors see Islamic law in Indonesia of legislation used in a religious court, a compilation of Islamic law, qanun province of Nanggroe Aceh Darussalam, and fatwas Majelis Ulama Indonesia, from here the authors see sumbangsi-sumbangsi Islamic law to the acceleration of national development both directly or indirectly. As it turned out, the existence of Islamic law in the course of the Indonesian nation can not be disputed, ranging from pre-independence, post- independence, and until today. One of them Law No. 1 Year 1974 On marriage according to Islamic Law and Presidential Decree No. 1 Year 1991 About the Compilation of Islamic Law are both contributing to increased security, peace, public order and Indonesia. Then, Act. No. 23 Year 2011 on the Management of Zakat to help the government address poverty. Lastly, the Act. No. 21 Year 2008 regarding Islamic Banking in line with national development goals to improve the lives of the people, the fact that Islamic Banking is growing rapidly and the demand of Indonesian society

Indonesia as one of the most populated-by-Muslim country has a long historical experience in implementing Islamic law. In each era, the practice of Islamic law differs one another due to the legal politics which influence it. Prior to the Dutch colonialism, Islamic law was prevalent among Muslims with political support from the royal kingdom of Islam such as in Aceh, Palembang, Banjarmasin, Banten, Demak, Jepara, Tuban, Gersik, Ampel and Mataram. Islamic law grew and developed in the midst of society beside adat law. In the Dutch colonial era the policy of the colonial government against Islamic law had its ups and downs in line with the legal theory that emerged at the time. On the one hand, it tends to be accommodative, while confrontational on the other hand. In the era of independence the position of Islamic law became stronger with the enactment of the 1945 Constitution which guaranteed the right of every citizen to embrace religion and practise religious law. In the New Order era, several laws have been enacted, which strengthened the position of Islamic law, especially the Islamic civil law. This tends to develop in the Reform era, marked by strengthening Muslim aspirations and regional autonomy. Consequently, the Islamic law is increasingly practised, though still limited in the field of civil law and Islamic economics. The enforcement of Islamic criminal law in Indonesia still encounter many obstacles both conceptually and legally. This article will examine the existence and the prospect of Islamic law in Indonesia by observing its strengths, weaknesses, opportunities and challenges.

Indonesian national law derived from western law, customary law and Islamic law. Given the efforts to establish the institution of Islamic law in Indonesia experienced many challenges and Religious Courts institutions is still lacking in authority. Prof. Dr. H. Busthanul Arifin, SH continue to think seriously to make Islamic law as an integral part of the national legal system. In the end, he can implement his ideals. Based on the above background of this study revealed three issues, namely First, Is Arifin Busthanul contribute ideas about the institutionalization of Islamic law in the national legal system. Second, Is Arifin Busthanul thinking about the authority of the Religious Courts in the national legal system. Third, How implications Arifin Busthanul thinking on the institutionalization of Islamic law and the authority of the Religious Courts in the national legal system to the development of Islamic law in Indonesia. The purpose of this study was that Muslims know the figures that played a major role behind the enactment of Law Number. 7 Year 1989 regarding the enactment of the Religious and Islamic Law Compilation (KHI).Theoretical studies in this research is the theory of the formation of the institutionalization of Islamic law, the theory of the relation between religion and state law and political theory. This research is a research study of character with the historical approach, the approach of the Act, the conceptual approach, and the comparative approach and data analysis techniques using inductive method. The results of this study explains that Islamic law referred to and determined by the legislation can apply directly without going through traditional law, the Republic of Indonesia (the Government) can set something of a problem in accordance with Islamic law, all the settings that apply only to the followers of Islam and results Busthanul Arifin contribute ideas about the institutionalization of Islamic law are: 1. draft Law on Religious Courts, 2. draft Compilation of Islamic Law. Privileges Religious Courts under Act Number. 3 2006 was in the field of civil law include: marriage, inheritance wills, grants, endowments, alms, charity, donation and sharia economy. Implications of thought Busthanul Arifin against the Islamic law in Indonesia is the emergence of legislation that comes from Islamic law, for example the Law on Hajj, Zakat, Infak, Endowments, Economic Regulation Based Regional Shari’ah and religion.

This article discusses the giving of panaik money to the Bugis marriage customs outside of the dowry obligation. This culture has long been carried out at traditional Bugis weddings. The custom of giving panaik money has become a topic of discussion among academics because it is not included in the pillars and conditions of marriage in Islam or positive law. This is a custom that is sometimes considered burdensome to the prospective groom to cause the marriage to be annulled. This research is library research with a normative approach. It uses a qualitative method, namely, observing and reviewing the obligation to give money for traditional Bugis marriages outside of the dowry. The results of the panaik money research in the study of Islamic law do not conflict with the terms and pillars of marriage. As for the positive legal view, in this case, Law Number 1 of 1974 concerning Marriage concludes that panaik money does not conflict with formal or material requirements, namely in articles 6 to 10, which explain the existence of cultural fusion between customary law and Islamic law in Indonesia which has been recognized. As part of the source of material law in Indonesia. As for the cultural pattern of Bugis ethnic marriage, panaik money is a form of respect and appreciation from the male family to the female family.Panaik Money, Islamic Law, Positive Law, Cultural Customs

The purpose of this study is to describe contemporary Islamic legal thought of Muhammad Syahrur with the limit theory (hudūd) in re-actualizing Islamic law and then correlated with the development of Islamic law in Indonesia. This research method used a literature approach that was still relevant to the reform of Islamic law in Indonesia based on Syahrur’s perspective. The result of literature study already showed that the re-actualizing of Islamic law with Syahrur’s linguistic approach in studying the Qur’an has been highly dependent on the socio-cultural context. Syahrur considered the need for reinterpretation of the Qur’anic texts in synchronizing the texts with the reality of society whenever and wherever. The limit theory of Syahrur has been an interpretation’s result of language and mathematical integration analysis in understanding the verses of the law, through the theory of this limit, Syahrur tried to apply the muhkamat texts into the reality of life with its limitations. The laws in the Qur’an according to him were elastic that be able to drawn and adapted into the context of place and age. Contextualization of Syahrur’s limit theory as the basis for legal reform in Indonesia can be proved in the matter of inheritance, the concept of determining zakat, the constraints of aurat, polygamy, and Islamic criminal law.