HIKMATUNA: Journal for Integrative Islamic Studies
Vol 8 No 2 (2022): HIKMATUNA: Journal for Integrative Islamic Studies, December 2022

Islamic Law as the Authoritative Source in State Administration of Indonesia

Yayan Sopyan (UIN Syarif Hidayatullah Jakarta)
Yazwardi (Faculty of Sharia and Law, UIN Raden Fatah Palembang)
Ade Dedi Rohayana (Postgraduate Program of UIN K.H. Abdurrahman Wahid Pekalongan)
Imam Yahya (Doctoral Program of Islamic Studies, Postgraduate Program of UIN Wali Songo Semarang)
Ismail (Faculty of Sharia and Law, UIN Sjech M. Djamil Djambek Bukit Tinggi)



Article Info

Publish Date
22 Dec 2022

Abstract

Many academicians are regretful about the removal of seven words in the Jakarta Charter and consider this as a political defeat for Muslims. If the words had not been removed, Islamic law would be simple in its implementation in Indonesia. There was a new hope when the Presidential Decree of 5 July 1959 stated to return to the 1945 Constitution. The Presidential Decree emphasized that the Jakarta Charter was a series of units in the Constitution. In other words, Islamic laws in the state administration system in Indonesia could be the authoritative source. This means that Islamic law has a chance to contribute to the Indonesian legal system. This qualitative research used normative approach in which the information was gained from a number of reliable sources such as books and journals to explore and figure out any perspectives about the status of Islamic law as the authoritative source in state administration of Indonesia. This research showed that Islamic law as the authoritative source is possible to contribute to legal order applied in Indonesia. As a political product, law relies on the political situation; nevertheless, the Muslims are not able to maximize their political roles given the hindrances from both external and internal factors. Hence, there is a need to build awareness of Muslims particularly those becoming the law makers to be capable of introducing the Islamic laws to public through the objectification of Islamic laws. Substantially, the Islamic law is more superior in giving justice, benefits and legal certainty.

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Journal Info

Abbrev

hikmatuna

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

This Journal focuses on Islamic Studies with an integrative approach through social sciences and humanities. The social sciences field covers the studies of Psychology, Economics, Politics, Education, Law, and History. Meanwhile, the humanities field covers the studies of Quran, Hadith, Islamic ...