Jurnal Hukum Caraka Justitia
Vol. 5 No. 1 (2025)

The Existence of Islamic Law in The Legal System And Constitution in Indonesia: Reflection of Islamic Legal Thought and Positive Law

Mustafa (Unknown)
Soge, Albertus D (Unknown)
Edy, Slamet Sarwo (Unknown)



Article Info

Publish Date
15 May 2025

Abstract

The legal position of Islam in the Republic of Indonesia cannot be separated from the influence of the entry of Islam throughout the archipelago around 16-17 Hijri, where at that time the spreaders of Islam throughout the archipelago came from various Middle Eastern countries, such as India, Pakistan, Arabia, Egypt, Jordan, and others, they traded to the archipelago while spreading Islam, and on average they brought the Shafi'i school of thought. The historical journey of the transformation of Islamic Law with various dimensions, namely; historical, philosophical, political, sociological, and legal. The presence of Islamic Law in Indonesia can be seen from two sides, namely: Islamic law applies legally formally or codified in the National legal structure, so the current compilation of Islamic Law was born which recorded the regulations of Islamic Law that have been enforced so far. And Islamic Law applies normatively, namely; having sanctions or legal equivalents for the Muslim community. The 1945 Constitution, Indonesia's constitution, also expresses the character and spirit of Islam, a constitution that is neither theocratic nor secular.

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Journal Info

Abbrev

JHCJ

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Caraka Justitia is a periodic scientific journal published by the Faculty of Law of Proclamation University 45 twice a year. This journal is intended to collect scientific writing, a summary of research results, book reviews, or fresh original ideas that are mainly related to the study ...