THE LEGISLATION OF ISLAMIC LAW IN INDONESIA

Abstrak

The aims of this research are to find out; 1) How is legislation concept in Islamic politic perspective? 2) How iscontemporary existence of Syariah in Indonesia? 3) How is the chance and defiance of Syariah in Indonesia. To solvethis problem, it used siyasi (Islamic Political), normative theological, and philosophical approaches by collecting somesources of library research which were found in kitab (Islamic books), magazines, newspapers. The technique of dataanalysis used as literature review was content analysis because the data collected remained verbal descriptive. Besides, itwas 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 totalIslamic law if it was supported by legal awareness uniformity. (2) The Implementation of Islamic law in Indonesia wasuniversally good at acomodation and conduction eventhough it was bordered by private law. (3) Legislation ouput ofpolitic must have had a major support from law association, and the fact showed Islamic politic aspiration was not amajority 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 removeresistance from other and contra-productive for Islamic face and the muslimin. (2) Fighting for Islamic stand needed areal action like Planning Constitution (RUU) consistently in the base of the principle of law development. If it was a talkonly without action, it would create the impressionof Islamic law politicization.