Political Parties and Islamic Law Positivization in Contemporary Indonesian Governance

Abstract

Purpose of the study: This research aims to analyze the existence of Islamic law formalized into Indonesian law in the Reformation Era from 1999 to 2019 and explore whether it is legally stronger or weaker. Also tries to explore what Islamic law fields are formalized into Indonesian national law.
 Methodology: This research is qualitative research that is doctrinal law research with juridical analysis methods. The main source of research data is the law established between 1999-2019. Data is described systematically and objectively, then analyzed using content analysis techniques.
 Main Findings: During the Reformation Era 1999-2019, 17 Indonesian national laws contained formal Islamic law. The legal position of Islamic law became stronger in several fields, namely hajj (pilgrimage) and umrah management, management of zakat, implementation of special privileges Aceh Province, endowments (waqf) management, religious courts, state sharia securities, Islamic banking, halal product guarantee, marriage law and the existence of pesantren (Islamic boarding school).
 Applications of this study: This study is useful as a model example of a relationship between religion and state. Islamic law can be transformed into state law without changing the state principles. This research also provides a solution to Muslims (they are the majority in Indonesia) that Islamic law can be constituted as national law constitutionally and tolerant of other religious communities.
 Novelty/Originality of this study: The object of research is positivization in contemporary Indonesian governance that has been enacted between 1999-2019. In terms of time, this is very representative and updated.

The Paradigm of Islamic Legal Products in Indonesia

“…Qur'an and Hadiths. 20 Al-Qur'an has told us: "Nor should the Believers all go forth together; if a contingent from every expedition remained behind, they could devote themselves to studies in religion, and admonish the people when they return to them, thus they (may learn) to guard themselves (against evil)". (Q.S.…”