Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303646,
        author={Muhammadun  Muhammadun and Oman  Fathurohman and Ferry Muhammadsyah Siregar},
        title={Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={religion islamic law constitutional law national law indonesia},
        doi={10.4108/eai.1-7-2020.2303646}
    }
    
  • Muhammadun Muhammadun
    Oman Fathurohman
    Ferry Muhammadsyah Siregar
    Year: 2021
    Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303646
Muhammadun Muhammadun1,*, Oman Fathurohman1, Ferry Muhammadsyah Siregar1
  • 1: IAI Bunga Bangsa Cirebon, Indonesia
*Contact email: muhammadunabdillah77@gmail.com

Abstract

Islamic law or Sharia law has universal values. The implementation of Islamic law is substantially open to the opportunity to apply universal values of Islam, however, the implementation of Islamic laws in the national legal system is still limited in a number of laws. This study reveals the construction and reality of Islamic legal products in the frame of national law in Indonesia. This research uses a qualitative paradigm, a religious law approach, and an interdisciplinary study. The results show that indirectly, universal teachings of Islam such as the protection of human rights have been listed in the Indonesian constitution, although they do not use religious language. Derivation of these human rights can be carried out at the level of legislation such as the Marriage Law and Religious Courts. While the desire to make Indonesia as an Islamic state does not receive recognition in the constitution, bearing in mind that the Indonesian state is not an Islamic state, but a law state based on Pancasila which always accommodates the diversity of cultural, racial and religious values systems for Indonesian people and society