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

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.