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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Rahmiah Nur Rahmianti
Universitas Islam Negeri Alauddin Makassar
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Eksistensi Hukum Islam dalam Sistem Negara Hukum Indonesia   Rahmiah Nur Rahmianti; Kurniati Kurniati; Musyfikah Ilyas
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/3xq8yg07

Abstract

Islamic law occupies a distinctive position within Indonesia’s pluralistic legal system, where religious, customary, and state legal norms interact within a constitutional framework. This article examines the constitutional position and contemporary development of Islamic law within the Indonesian rule of law through a qualitative descriptive-analytical library research approach. Secondary sources published between 2020 and 2025, including scholarly articles, academic books, and relevant legislation, were selected purposively and analyzed using content analysis and thematic synthesis. The findings demonstrate that Islamic law has acquired significant constitutional and sociological recognition through statutory regulations, the institutionalization of religious courts, and its continued operation as living law. Nevertheless, its interaction with customary and national law generates normative tensions, overlapping institutional authority, and potential legal uncertainty, particularly where different legal norms regulate similar social domains. The analysis indicates that a substantive approach grounded in maqāṣid al-sharī‘ah can provide a normative framework for reconciling Islamic legal values with constitutional principles, justice, and human rights protection. The study contributes to the discourse on legal pluralism by positioning Islamic law not merely as a religious normative system but as an integral component of Indonesia’s evolving legal order. Harmonized legislation, consistent judicial interpretation, and inclusive legal policymaking are essential for managing pluralism while maintaining constitutional coherence.
Co-Authors Kurniati Musyfikah Ilyas