Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum

The Position of the Indonesian Council of Ulama in The Indonesian State Governmental Legal System: The Perspective of Abu Hasan al-Mawardi

Sandya Mahendra (Universitas Muhammadiyah Surakarta)
Muhammad Junaidi (Universitas Muhammadiyah Surakarta)



Article Info

Publish Date
04 Oct 2023

Abstract

This study aims to 1) Know the position of the Indonesian Council of Ulama (MUI) in the Indonesian constitutional law system; 2) Knowing the MUI's position in Abu Hasan Al-Mawardi's (Al-Mawardi) thought. The method in this study uses normative legal research or doctrinal law with a philosophical, historical and conceptual approach. If viewed from a state institutional perspective, the MUI is in the realm of the political infrastructure area. Political Infrastructure itself is a group of institutions that exist in society. The MUI fatwa is not a type of statutory regulation that has binding legal force Based on Article 1 point 2, Article 7 paragraph (1) and Article 8 paragraph (1) of Law 12/2011, the MUI fatwa is not statutory regulation, because it is not made by an authorized body/or institution and does not have general binding power. However, the MUI fatwas are a source of material law. To become a positive law, the MUI fatwa must be positivized by the state through statutory regulations. The theory of state objectives developed by Al-Mawardi has two basic concepts, namely (1) formalization of Shari'a activities, (2) regulation of social, economic, political, legal and military activities.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

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

Description

Al-Ahkam journal aims to facilitate and to disseminate an innovative and creative ideas of researchers, academicians and practitioners who concentrated in Sharia and Law. It covers textual and fieldwork with various perspectives of Islamic family law, Islamic economic law, Islam and gender ...