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Journal : Madani: Multidisciplinary Scientific Journal

Teori Pemberlakuan Hukum Islam di Indonesia Amir, Nurhikma; Rahman R, Abd.; R, Rahmatiah
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11624050

Abstract

This article discusses the theory of the application of Islamic law in Indonesia. The research method used is library research, namely by searching and collecting data from libraries such as history books. The results of this research are that there are several theories of the implementation of Islamic law in Indonesia, namely the creed or shahada theory, the receptio in complexu theory (the period of full acceptance of Islamic law), the receptie theory (the period of acceptance of Islamic law by customary law), the exit theory (the theory that requires the theory of receptie no longer applies), the theory of receptie a contrario, and the theory of existence.
Evolusi Hukum Islam di Indonesia: dari Masa Kerajaan Islam hingga Era Reformasi Almahdali, Sayyid Syahdan; Rahman R, Abd.; Gassing, Qadir
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18311640

Abstract

The development of Islamic law in Indonesia represents a significant phenomenon reflecting the dynamic interaction between religious values, the national legal system, and the country’s socio-cultural context. The urgency of this research lies in the need to understand how Islamic law has adapted and transformed throughout Indonesia’s multicultural and pluralistic history. The main objective of this study is to analyze the evolution of Islamic law from the era of Islamic kingdoms to the post-reformation period, as well as to assess its contribution to the modern national legal system. This study employs a qualitative descriptive method, using library research as the primary data collection technique, supported by content analysis of legal documents, academic literature, and historical records. The findings reveal that Islamic law in Indonesia has undergone a gradual process of integration—from a marginal position toward formal recognition within the national legal framework—aligned with the nation’s political and social transformations. This research contributes to strengthening the theory of legal integration and offers new insights into the relevance of Islamic law as a living law within the framework of Pancasila-based legal pluralism. In conclusion, Islamic law holds significant potential in shaping a fair and contextually grounded national legal system; however, further empirical research is needed to evaluate its practical implementation in contemporary socio-legal contexts.
Eksistensi Hukum Islam dalam Pembentukan Perundang-Undangan di Indonesia: Undang-Undang Perkawinan, Undang-Undang Zakat, Undang-Undang Haji, dan Kompilasi Hukum Islam (KHI) Batara, A Muhammad; Rahman R, Abd.; Gassing, Qadir
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18186814

Abstract

This study examines the existence of Islamic law in Indonesian legislation, focusing on the Marriage Law, Zakat Law, Hajj Law, and the Compilation of Islamic Law (KHI). Using a library research method, the study aims to understand how Islamic law has been recognized as an integral part of the national legal system and its implications for nation-building. The findings reveal that Islamic law is not only practiced within society but also institutionalized in positive law: the Marriage Law No. 1/1974 as a codification of Islamic family law, Zakat Law No. 23/2011 as both a religious obligation and a social welfare instrument, Hajj Law No. 13/2008 (later Law No. 8/2019) ensuring the administration of pilgrimage in accordance with sharia, and KHI as a unification of Islamic family law applied in Religious Courts. In conclusion, Islamic law significantly contributes to the development of Indonesia’s legal system by strengthening moral values, ethics, and justice, while highlighting the need for harmonization between Islamic law and the national legal framework based on Pancasila and the 1945 Constitution.
Fiqh Digital: Mengurai Tantangan Hukum Islam Dalam Era 5.0 Taqwim, Andi Ahsan; HL, Rahmatiah; Rahman R, Abd.
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18149618

Abstract

Technological developments in the Era 5.0 have brought fundamental changes to various aspects of life, including the methodology of Islamic law. This article addresses two main focuses: the implementation of artificial intelligence (AI) in contemporary ijtihad and the ethics of digital information dissemination from the perspective of Islamic law. Using a qualitative approach based on a literature review, the study shows that AI has significant potential to assist the process of legal through big data analysis, natural language processing, and more efficient management of shariah literature. Nevertheless, AI has epistemological limitations and cannot replace the role of the mujtahid, which requires fiqhiyyah intuition, an understanding of maqasid al-shariah, and moral judgment. On the other hand, the digital era demands the application of information ethics, particularly the principle of tabayyun and the concept of “filter before sharing,” in order to prevent the spread of hoaxes, slander, and distortions of religious teachings in the public sphere. The findings affirm that the integration of technology into Islamic law must be conducted selectively and ethically, while remaining oriented toward the public good (maslahah). Thus, synergy between digital innovation and shariah values is key to maintaining the relevance and authority of Islamic law amid modern technological developments.
The Development and Implementation of Islamic Legal Products in Indonesia R, Rahmatullah; Rahman R, Abd.; Hi, Rahmatiah
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18087854

Abstract

This study examines Islamic legal products and their implementation in Indonesia within the framework of integrating Sharia values with the national legal system. Islamic legal products are the result of istinba? al-a?kam derived from primary sources such as the Qur’an, Hadith, ijma, and qiyas, which are then applied across various aspects of life. In Indonesia, their implementation is reflected in regulations such as the Compilation of Islamic Law (KHI), the Islamic Banking Law, the Zakat Law, and the Waqf Law, as well as in institutions such as the Religious Courts, BAZNAS, and BWI. This study shows that the implementation of Islamic law takes place through three main channels: substantive law, formal law, and social law. Although significant progress has been made, the application of Islamic law still faces challenges in the form of legal pluralism, differences among schools of thought, and limitations in human resources. Therefore, strengthening regulations, improving the competence of legal practitioners, and promoting interdisciplinary research are necessary to ensure that the values of justice and public welfare (ma?la?ah) in Islam are more deeply internalized within the national legal system.