Analisis Kedudukan Hukum Islam dalam Sistem Hukum Nasional di Indonesia

Abstract

This research aims to discuss the analysis of the position of Islamic law in the national legal system in Indonesia. Through a holistic approach, this research explores the dynamics of interaction between Islamic law and the national legal system. This analysis covers historical, constitutional aspects and the implementation of Islamic law in various sectors of society. This research uses normative juridical research methods, normative juridical, namely legal research carried out by examining library materials or secondary data. For this research, a statutory approach was used. The data collection method used is library data obtained through library research sourced from statutory regulations, books, official documents, publications and research results. The results of the study of the existence of Islamic law in this context are intended to recognize and analyze Islamic law in the context of Indonesian legal culture as something that lives and develops dynamically. In the Indonesian context, Islamic law is believed by the majority of Indonesian Muslims to be a legal norm that truly has a role. Dominant in regulating the legal culture. Talking about the legal force of Islamic law in Indonesia needs to be understood from the various products of Islamic legal thought. That there are at least four products of Islamic legal thought that have developed and are applicable in Indonesia, along with its growth and development. The four products of Islamic legal thought are fikhi, fatwas of judges, court decisions, and legislation. The product of this thought, especially in Indonesia, has been in effect and has been implemented by Indonesian society, with the promulgation of legislation, ulama fatwas, and judges’ decisions which have legal force. However, this still requires strategic steps in order to strengthen efforts to implement Islamic law in Indonesia.