Proceedings of the 2nd International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in Conjunction with the 3rd International Conference on Quran and Hadith Studies (ICONQUHAS)

Research Article

Analysis of Receptie a Contrario Theory and its Effect on Islamic Family Law Legislation in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.7-11-2019.2294534,
        author={Suci  Ramadhan and J. M. Muslimin and Asep Saepudin Jahar},
        title={Analysis of Receptie a Contrario Theory and its Effect on Islamic Family Law Legislation in Indonesia},
        proceedings={Proceedings of the 2nd International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in Conjunction with the 3rd International Conference on Quran and Hadith Studies (ICONQUHAS)},
        publisher={EAI},
        proceedings_a={ICIIS},
        year={2020},
        month={5},
        keywords={theory receptie a contrario islamic family law legislation},
        doi={10.4108/eai.7-11-2019.2294534}
    }
    
  • Suci Ramadhan
    J. M. Muslimin
    Asep Saepudin Jahar
    Year: 2020
    Analysis of Receptie a Contrario Theory and its Effect on Islamic Family Law Legislation in Indonesia
    ICIIS
    EAI
    DOI: 10.4108/eai.7-11-2019.2294534
Suci Ramadhan1,*, J. M. Muslimin1, Asep Saepudin Jahar2
  • 1: UIN Syarif Hidayatullah, Islamic Studies Department, Jakarta, Indonesia
  • 2: UIN Syarif Hidayatullah, Sharia and Law Department, Jakarta, Indonesia
*Contact email: suciramadhan95@gmail.com

Abstract

This research is aimed to analyze the effect of Receptie a Contrario theory on the legislation of Islamic family law in legal system of Indonesia. The researcher used qualitative research by using analitical-description with literatures as main data. Furthermore, the study explained that theory of Receptie placed Islamic law as the second law that only applicable as long as approved by customary law. The theory got the criticism with Receptie Exit Theory which expended as Receptie a Contratrio theory which said that Islamic law can stand independently and other law is applied if approved by Islamic values. Therefore, the result reveals that Receptie a Contrario theory has influenced the dynamic of Islamic family law development and has an authoritative legal concept in legislation system of Indonesia. And the other laws, can be codified with Islamic family law as long as suitable with Islamic law principles.