TSAQAFAH
Vol. 19 No. 1 (2023): Tsaqafah Jurnal Peradaban Islam

ISLAMIC LAW IN THE CONSTITUTION OF INDONESIA (a Study of Characteristics Sharia Local Regulations)

Mohamad Hidayat Muhtar (FAKULTAS HUKUM UNIVERSITAS NEGERI GORONTALO)
Nur Mohamad Kasim (Universitas Negeri Gorontalo)
Irma Suryani (UIN MAHMUD YUNUS BATUSANGKAR. FAKULTAS SYARI'AH)



Article Info

Publish Date
27 May 2023

Abstract

Indonesia’s constitutional law embodies the ideals of Islamic law, guaranteeing the right to religion and worship in Article 29 of the 1945 Constitution. Local Sharia regulations, known as Sharia Perda, are one manifestation of this ideal. However, Sharia Perda is not without problems, such as discrimination and exclusivity towards non-Muslims and limitations on women’s freedom. This research aims to identify the main characteristics of Sharia Perda and discuss its compatibility with constitutional law. The research employs a normative juridical approach, analyzing relevant laws and regulations, and using the legal hermeneutic method to interpret their meaning and philosophy. Sharia Perda has two main characteristics: Sharia compliance and local speciƶcity. However, its implementation has resulted in controversies and conǁicts, such as the prohibition of alcohol and criminalization of pre-marital sex. These controversies arise from the tension between Islamic law principles and constitutional law, particularly regarding individual rights and freedoms. This study contributes to the discussion of the compatibility of Islamic law and constitutional law, highlighting the need to address the problems of Sharia Perda, particularly the limitations on women’s freedom and discrimination towards non-Muslims.

Copyrights © 2023






Journal Info

Abbrev

tsaqafah

Publisher

Subject

Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

TSAQAFAH (pISSN: 1411-0334 | eISSN: 2460-0008) is journal of Islamic civilization published by University of Darussalam Gontor. It is semiannual journal published in May and November for the developing the scientific ethos. Editors accept scientific articles and result of research in accordance with ...