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Journal : Politea

Pemikiran Mohammad Mahfud MD tentang Politik Hukum Islam di Indonesia Itmam, Muhammad Shohibul; syakirin, ahmad
Politea Vol 2, No 1 (2019): POLITEA Jurnal Pemikiran Politik Islam
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/politea.v2i1.5157

Abstract

This paper explains the problem of the journey of Islamic law towards positive law in Indonesia in the perspective of legal politics Mahfud MD with the aim of actualizing Islamic law in the present in the Indonesian context. With a normative legal approach, analytical descriptive, this paper concludes that the actualization of Islamic legal politics in the thinking of Mahfud MD can be done through two approaches. The first is the cultural approach that massively Islamic law directly interacts with the culture and traditions that apply and develop in certain societies. Through acculturation of culture, Islamic law can adjust adaptation and dialogue with various social societies with a variety of traditions dynamically without losing theirauthenticity as humanitarian teachings. Both substantive approaches prioritize the spirit of Islamic universalism by not formalizing Islamic law positively both in law, local regulations and so on. Thus the actualization of Islamic law politics Mahfud MD is an offer to the formulation of Islamic law with the positivation of Islamic law in Indonesia through an elaborative approach combining cultural approaches and substantive approaches to real Indonesian law. Keywords: Actualization, Islamic Law, Political Law, Mahfud MD 
Aktualisasi Pemikiran Bustanul Arifin Tentang Politik Hukum Islam di Indonesia Itmam, Muhammad Shohibul
Politea Vol 3, No 2 (2020): Politea : Jurnal Pemikiran Politik Islam
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/politea.v3i2.7785

Abstract

This paper explains the actualization of Bustanul Arifin thought on the politics of Islamic law in Indonesia which aims to find out first, how the epistemology of Bustanul Arifin thoughts on Indonesian  Islamic law and scond, how the actualization of Indonesian Islamic law politics from Bustanul Arifin's perspective. This research is a library research or library research, which is carried out by collecting library data by using a critical social and political approach. The research concludes that first, the epistemology used by Bustanul Arifin is to position the Koran and al-Sunnah as the main sources in Islamic law and the development of legal values in the Koran and al-Sunnah using the Ijmak and Qiyas methods in Islamic law. Second, the actualization of Islamic law politics Bustanul Arifin's thought is to elaborate Islamic law with positive law through the transformation of Islamic law in state legislation and institutions, so that there is a union between Islamic law and State law within the framework of State institutions which he calls the institutionalization of Islamic law. Thus, the step that needs to be developed is to determine an institution that is in accordance with the principles and values of Islamic law in the Indonesian context.