PERDA Sharî‘ah antara Legalitas dan Prospek

Mudzakir, Mudzakir

ISLAMICA: Jurnal Studi Keislaman
Vol 5, No 2 (2011): Islamica

Many have been done to study the problem of Sharî‘ah and other related issues. But little has been done to investigate the notion of the application of Sharî‘ah in Indonesia in the form of regional law, otherwise known as Perda Sharî‘ah. Apart from its importance and sensitivity, the Perda Sharî‘ah is quite ignored by the academic circle in this country. It is toward filling this gap that this paper is written. It is interested first in discussing the nature of Syariah, its values, history, and sources. Then it moves to the currents of thought and modes of interpretation as far as Sharî‘ah is concerned. It finally discusses the ways Sharî‘ah is applied in daily live and how a country like Indonesia –or rather certain districts in it- are involved in formalizing Sharî‘ah as their regional law. The main argument of this paper is that, Islam is not solely about law. Islam is a religion of ethics, morality, belief, and spirituality. Islam is also a way of life, the consequence of which being that it should be comprehended universally as comprehensive system of living. Hence, we argue, that the application of Islam in the form of regional law would mean a simplification of the more universal form of Islam, and a reduction of the more holistic message of the religion.