Peradaban Journal of Law and Society
Vol. 1 No. 2 (2022)

Bustanul Arifin and A. Qodri Azizy on the Absorption of Islamic Law into National Law: a Discourse of Thinkin

Dwi Rahayu Sulistyaningrum (Unknown)



Article Info

Publish Date
25 Dec 2022

Abstract

Bustanul Arifin and A. Qodri Azizy are two well-known Indonesian legal experts, especially in matters of Islamic law legislation in Indonesia. both of them have major contributions to the dynamics of Islamic law legislation in Indonesia. although both thoughts have been widely reviewed, most of them are still in separate partial reviews. Because of this, this paper seeks to present the thoughts of the two figures in one frame regarding the absorption of Islamic law into national law. The study was conducted using normative legal research methods, applying historical and conceptual approaches, and using qualitative analysis methods. The results of the study found that the two figures agreed on the urgency of absorbing Islamic law into Indonesian national law. Bustanul stated the importance of absorbing Islamic law through legislation. Meanwhile, A. Qodri Azizy put forward the eclecticism of Islamic law and general law. The development of post-reform democracy has made Islamic law able to compete with customary law, as well as Western heritage law in a democratic and free manner. So that all three of them can run eclectically without prioritizing Muslim majoritarianism

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Journal Info

Abbrev

PJLS

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Peradaban Journal of Law and Society (PJLS) is an open access and peer reviewed journal provides space for studies in the field of law and its various aspects in society. PJLS is committed to being an important resource in the study of academics and practitioners as well as researchers in the world ...