PEMBAHARUAN KOMPILASI HUKUM ISLAM DAN RELEVANSINYA DENGAN KAIDAH HUKUM POSITIF

Abstract

This research will critically examine the reform process in the Compilation of Islamic Law and find the need for legal reform in the Compilation of Islamic Law in Indonesia. This research is a normative legal research which seeks to examine the need for reform in the Compilation of Islamic Law in Indonesia and the process of legal reform in the Islamic Law Compilation and its relevance to the principles of reforming Islamic law. In its discussion, this research is nature descriptive-analytical in, which describes the factors that cause the need for reform of Islamic law, the process and output of legal reform which is contained in the Compilation of Islamic Law and then analyzes its relevance to the principles of reforming Islamic law. This research uses a conceptual approach, a statute approach and a historical approach. Theories Supporting Islamic Law Reform: the theory of the rule of law, the theory of sociological jurisprudence (Eugen ehrlich), the theory of qaul qadim and qaul jaded Imam Syafi'I, Ibnul Qayyim al-Jauziyah's theory of changes in Islamic law due to changes in time, place and circumstances, theory Maqashid al-syari'ah from al-syatibi and the theory of utilitarianism from Jeremy Bentham. The findings of this study are that Islamic law reform in Indonesia is very necessary because substantially Islamic law has a transformative and dynamic character throughout its history, and socially Islamic law which generally has Middle Eastern nuances needs to be adapted to the social conditions of Indonesian society so that Islamic law continues to exist and is worthy of being national legal materials in our country. The objectives and process of legal reform in the Compilation of Islamic Law are generally relevant to the principles of Islamic law reform (ushul-fiqh theory) regarding legal reform, with some notes regarding Article 185 concerning replacement of heir positions (plaatvervulling) and Article 209 concerning mandatory wills. for adopted children and adoptive parents.