Transformation of Islamic Law into National Law: Models, Problems and Alternative Solution of Practicing Sharia in Indonesia

Syarif, Nurrohman (2018) Transformation of Islamic Law into National Law: Models, Problems and Alternative Solution of Practicing Sharia in Indonesia. Proceeding International Conference on Islam and Civilization (ICOIC). (Unpublished)

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Abstract

In the hands of some Muslims who make religion an ideology, sharia must be realized in real life in society through political instruments that can provide force. Therefore, for them, as long as the Islamic sharia has not been successfully transformed completely into national law, they will continue to fight for it. Ironically, in the struggle, some of them use only one interpretation and one model, so it is difficult to be compromised. Base on assumption that there is more than one model, this research aims to; 1) formulate some models of transformation of Islamic law into national law, 2) identify the problems 3) formulate alternative concepts of solutions, and 4) formulate the juridical and sociological implications of any policy or political law taken by the state. This research is a kind of non-doctrinal qualitative legal research. The object studied is the legal substance, legal structure and legal culture developed within Islamic law as well as in national law. Data were analyzed to see the transformation model of Islamic law into national law, emerging problems, and the types of solutions that can be used to integrate Islamic law into national law and its implications.

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