ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Article in Press

Eksistensi Hukum Islam dalam Sistem Negara Hukum Indonesia  

Rahmiah Nur Rahmianti (Universitas Islam Negeri Alauddin Makassar)
Kurniati Kurniati (Universitas Islam Negeri Alauddin Makassar)
Musyfikah Ilyas (Universitas Islam Negeri Alauddin Makassar)



Article Info

Publish Date
29 Aug 2026

Abstract

Islamic law occupies a distinctive position within Indonesia’s pluralistic legal system, where religious, customary, and state legal norms interact within a constitutional framework. This article examines the constitutional position and contemporary development of Islamic law within the Indonesian rule of law through a qualitative descriptive-analytical library research approach. Secondary sources published between 2020 and 2025, including scholarly articles, academic books, and relevant legislation, were selected purposively and analyzed using content analysis and thematic synthesis. The findings demonstrate that Islamic law has acquired significant constitutional and sociological recognition through statutory regulations, the institutionalization of religious courts, and its continued operation as living law. Nevertheless, its interaction with customary and national law generates normative tensions, overlapping institutional authority, and potential legal uncertainty, particularly where different legal norms regulate similar social domains. The analysis indicates that a substantive approach grounded in maqāṣid al-sharī‘ah can provide a normative framework for reconciling Islamic legal values with constitutional principles, justice, and human rights protection. The study contributes to the discourse on legal pluralism by positioning Islamic law not merely as a religious normative system but as an integral component of Indonesia’s evolving legal order. Harmonized legislation, consistent judicial interpretation, and inclusive legal policymaking are essential for managing pluralism while maintaining constitutional coherence.

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Journal Info

Abbrev

ALADALAH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research ...