Pendas : Jurnah Ilmiah Pendidikan Dasar
Vol. 11 No. 03 (2026): Volume 11 No. 03, September 2026 Release

PENERAPAN HUKUM ISLAM DI INDONESIA: ANTARA MITOS DAN FAKTA HUKUM

Patmalah, Dina Patmalah (Unknown)
Khalid Ramdhani (Unknown)
Lau Han Sein (Unknown)



Article Info

Publish Date
13 Jul 2026

Abstract

This article examines the implementation of Islamic law in Indonesia and explains why it should be understood as a legal fact rather than a mere political myth. The study uses a normative-juridical method with historical and conceptual approaches. The data were obtained through library research by reviewing books, legal doctrines, historical narratives, and statutory regulations related to Islamic law in the Indonesian legal system. The analysis shows that Islamic law has developed through two main forms of application: normative application based on Muslim legal consciousness and formal-juridical application through state legislation. Historically, Islamic law existed before colonial rule, experienced restrictions during the Dutch colonial period through the receptie theory, and regained legal relevance after Indonesian independence. The formalization of Islamic law appears in several legal products, including the Marriage Law, the Religious Courts Law, the Compilation of Islamic Law, regulations on zakat, and Islamic banking law. These legal products demonstrate a process of taqnin, namely the transformation of Islamic legal norms into national legislation. The study concludes that the implementation of Islamic law in Indonesia is partial, gradual, and responsive to the pluralistic structure of the state. Therefore, the prospect of Islamic law remains open as long as it is developed through democratic legal politics, constitutional principles, public benefit, and social awareness.

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Journal Info

Abbrev

pendas

Publisher

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Other

Description

Pendas : Jurnah Ilmiah Pendidikan Dasar is a journal published twice a year, namely in June and December that aims to be a forum for scientific publications to pour ideas and studies complemented with the results of research related to primary school education. To achieve this, basic education ...