Abstract

Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality. The idea of universality provides a justification for the enactment of basic human freedoms and recognition of basic human rights in the life of the country. Similarly, the idea of morality is that moral principles are general and can be analyzed by human reason. The second idea is the essence of it is used as a basic idea about the nature of the formulation of law and justice as a legal the flow law functional purpose in looking at the law more focused on the facts of a field, social, cultural, political, and religion as factors that need to be a consideration in seeking legal solutions. Both streams are still evolving and are applied in various countries around the world. With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation. Keyword: Transformation of the law, politics of law, national legal system, System of national law

Highlights

  • Islamic Law in Historical PerspectiveIn the 10th century Muslim jurists concluded that the key points of the law of God had been adequately described in the legal texts

  • Law is the accumulation of rational ideas in response to community development that was born based on the idea of universality and morality

  • With regard to the transformation of Islamic law in national legal systems, it cannot be separated from these two streams of law that is through a systems approach and the approach to legislation that technically could be in the form of legislation and regulation through the courts

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Summary

Islamic Law in Historical Perspective

In the 10th century Muslim jurists concluded that the key points of the law of God had been adequately described in the legal texts. Theoretically there is a unity of Muslims and the consequent universal application of Shariah in the Islamic world, Muslims are organized in nation states - and probably will remain so in the future This form of political organization has effectively been established in the Islamic world after the entry of European colonialism in the late nineteenth and early twentieth century, bringing to the region the power structure and the concept of legislation it has. This is because the nature of the pluralism of a society along with the development of democracy in Muslim-majority country has to greater or lesser extent become a factor, which bears evidence to how difficult Islamic law gained legitimacy of positive law in a country. The situation of public confidence and appreciation of Islamic law turned out not to have appeared in the culture and national political environment so that it brought about to an almost frozen situation as to the existence of Islamic law in national legal order

Sociological Study
Religion as a Source of Law Reform
The Constitution and National Legal Systems
Implications of the 1945 Amendment to the National Legal System
During the Dutch Colonial Government
The Government of Indonesia in the Post-Independence
Religious Judicature Act
Law of Shariah Banking
Conclusion
Full Text
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