THE LEGISLATION OF ISLAMIC LAW IN INDONESIA

Abstract

The aims of this research are to find out; 1) How is legislation concept in Islamic politic perspective? 2) How is
contemporary existence of Syariah in Indonesia? 3) How is the chance and defiance of Syariah in Indonesia. To solve
this problem, it used siyasi (Islamic Political), normative theological, and philosophical approaches by collecting some
sources of library research which were found in kitab (Islamic books), magazines, newspapers. The technique of data
analysis used as literature review was content analysis because the data collected remained verbal descriptive. Besides, it
was analyzed by inductive thought (argumentation, description, and comparison) and also deductive thought (analogy).
Research showed that (1) Politic configuration acted out by goverment was extremely important to constitute a total
Islamic law if it was supported by legal awareness uniformity. (2) The Implementation of Islamic law in Indonesia was
universally good at acomodation and conduction eventhough it was bordered by private law. (3) Legislation ouput of
politic must have had a major support from law association, and the fact showed Islamic politic aspiration was not a
majority in Indonesia. This research implied to take two ways in upholding Islamic constitution in Indonesia; (1)
Legislation of Islamic Law must be in legal contitution through House of People’s Representative in order to remove
resistance from other and contra-productive for Islamic face and the muslimin. (2) Fighting for Islamic stand needed a
real action like Planning Constitution (RUU) consistently in the base of the principle of law development. If it was a talk
only without action, it would create the impressionof Islamic law politicization.