Research Article
The Polemic of Worship Houses Construction in Indonesia: An Islamic and Positive Law Perspective
@INPROCEEDINGS{10.4108/eai.20-10-2021.2316312, author={M. Akhfas Syifa Afandi and Zulkifli Zulkifli and A'ang Subiyakto}, title={The Polemic of Worship Houses Construction in Indonesia: An Islamic and Positive Law Perspective}, proceedings={Proceedings of the 4th International Colloquium on Interdisciplinary Islamic Studies in conjunction with the 1st International Conference on Education, Science, Technology, Indonesian and Islamic Studies, ICIIS and ICESTIIS 2021, 20-21 October 2021, Jambi, Indonesia}, publisher={EAI}, proceedings_a={ICIIS AND ICESTIIS}, year={2022}, month={2}, keywords={houses of worship islamic law and positive law}, doi={10.4108/eai.20-10-2021.2316312} }- M. Akhfas Syifa Afandi
Zulkifli Zulkifli
A'ang Subiyakto
Year: 2022
The Polemic of Worship Houses Construction in Indonesia: An Islamic and Positive Law Perspective
ICIIS AND ICESTIIS
EAI
DOI: 10.4108/eai.20-10-2021.2316312
Abstract
The purpose of this study is to ascertain how Islamic and Positive Law respond to the dynamics of the house of worship construction in Indonesia, which are frequently fraught with conflicting rights of worship for the majority and minority groups. Government regulations promulgated in 2006 by a joint decree (SKB) between the Ministries of Religion and Home Affairs do not fully protect minorities' rights to establish houses of worship. The research methodology used is qualitative-descriptive, with the primary data source being a literature review. The findings of this study indicate the following: 1). In 2006, the Joint Regulation Agreement (SKB) between the Ministries of Religion and Home Affairs identified decisions that continue to discriminate against minorities. 2) Islamic law scholars (fuqaha) believe that building houses of worship is permissible as long as it is justified by need (hajjah) and adheres to government regulations and decisions.