Islamic Law in Indonesia – History – Development

Review by : Yuli SE., MM

It can not be denied that Muslims in Indonesia are the most major element. In the level of the international Islamic world, Indonesian Muslims can even be called as the largest Muslim community that gathered in a territorial border of the state. (See also : Largest Mosque in Indonesia – National library of Indonesia)

Therefore, it is very interesting to understand the course of the history of Islamic law in the midst of the world’s largest Islamic community. Questions such as: how far the influence of the Muslimity of Indonesia’s Muslims on the application of Islamic law in the country-for example-, can be answered by describing the history of Islamic law since the Muslim community is present in Indonesia.( You might want to see : The Biggest Stadium in Indonesia – Best Airports in Indonesia)

In addition, the study of the history of Islamic law in Indonesia can also serve as one of Islam’s specific footholds-to determine the right strategy for the future in bringing the nation closer and “familiar” with Islamic law.

History

Islamic law which is also one of the legal system in Indonesia in addition to other legal system. These three legal systems are relevant to the legal needs of the community. In the current Law Faculty curriculum at SK. Minister P and K RI No.17 / D / O / 1993, this course is called Islamic Law whose status is as compulsory subject in national content. (See also : Indonesian Coral Reef – Indonesian Heritage)

Mura P. Hatagalung (1985: 140-141) suggests that at least there are five reasons why this course becomes an absolute study material and is included in the national curriculum at law colleges, namely:

The sociological reason, the reason based on the society that the majority of the people of Indonesia is the religion of Islam. (See also : Indonesian Traditional Transportation)
Historical Reason, reason based on history. In terms of history, it turns out Islamic law into a branch of legal science that was spread since the Dutch colonial era at the college of law in Batavia (the name of Jakarta in the past).
Juridical reasons, reasons based on law. From a juridical perspective, Islamic law has long been practiced by Islamic societies in Indonesia, especially in areas where the inhabitants strongly uphold the teachings of Islam such as Aceh, Minangkabau and other regional areas. (See also: Indonesian Theater)
Constitutional reasons, reasons based on the constitution. In the preamble of the 1945 Constitution, the first principle of Pancasila is the “muhesa deity” which actually becomes the religious foundation in Indonesia which at the same time becomes the basis of the spirit in Indonesia.
Scientific reason, Islamic law as one of the branch of science has long been the object of scientific study by scientists of Islam as well as scientists orientalis (experts on Islam but not Muslim). In 1952 in Paris France held “the week of Islamic low” which was attended by experts of both Islamic and non-Islamic legal comparison. (See also: Indonesian Angklung Facts)

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Source of Islamic Law

In all legal systems already have a means called the legal sources that serve to provide solutions to make the system becomes accelerative with all events and system makers are growing in accordance with the demands of human development and civilization. The source of any rule of law is very important to know because from that source it can be known where it came from. In the outline of the Source of Islamic Law can be divided into two parts:

Naqly Source, is the source of the law in which a mujtahid has no role in its formation because it holds the source of the available law . (See also: Misunderstanding of Culture in Indonesia)
Aqly Source, is the source of law where a mujtahid can play a role in its formation. For example: Qias, Istishan, Istislah muslahat and istishab. (See also: Natural Disaster in Indonesia)

In addition to the above divisions, the source of Islamic law can be substantially divided into: The source of Ashliah’s Law in which the Qur’an and Hadith / sunnnah and Tarbaiyah’s legal sources cover Ijma, Qaul, Sahabat, Qias, Istishan, Muslahat, Urf, Shariat Umda and Istishab.

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Development of Islamic Law in Indonesia

The development / growth of Islamic law in Indonesia is begun since the beginning of the mass Islamic religion until it became one of the legal system that many adherents, can be divided into three discussion. 1. The coming of Islam in Indonesia, 2. The Dutch East Indies Government, 3. The post-independence period. Lets go to the first one. (See also : Flag of Indonesia – Indonesia Military Power)

The Coming of Islam

Speaking on the growth of Islamic law in Indonesia, we can not escape the question of when and how the entry of Islam in Indonesia. It is important to say that we can get a picture of how our nation welcomes this religion until it becomes the religion with the greatest of the people. ” Problems when and how the entry of Islam in Indonesia there are two opinions, namely: First opinion that the entry of Islam in Indonesia at the beginning of XIII century M brought by Persi people to Gujarat India then Indian merchant Gujarat bring it to our country. (See also : Indonesian Martial Arts)

As a proof that is the form, material and writing contained in the tomb Maulana Malik Ibrahim similar to the form, material and excavation found in the tombs of the kings of Hindustan. Second opinion that the religion of Islam entered into Indonesia brought directly from the Arab countries by the Arabs themselves in the VII century AD. (Read this too: Surabaya War)

History has proved that initially the process of Islamic in Indonesia went unnoticed, suddenly experienced rapid development and fast. Although it must be admitted that time already there are isms that control the mind of the Indonesian people such as traditional isms and Hindu religion. (See also : History of Toba Lake)

The Dutch East Indies Government

In the reign of the Dutch East Indies began to rule in our country, the Islamic law has grown so rapidly. It can be seen that in areas where the majority of the people of Islam influence it is very prominent. In addition to Islamic law, customary law as a legal system also applies in the midst of society as a law that grows and develops based on the mind of the Indonesian nation. Between the two legal systems in its development affect each other, as if between the two synchronisation occur. (Read also : Indonesian Army Strength)

Based on the theory of Dutch East Indies government managed to minimize the role of Islamic law in positive law, so that only limited to marriage and divorce law and about legal entities in the form of endowments, Wakaf, Hibah and Shadakah. (See also : Indonesia Lifestyle – Indonesian Red Cross Society)

The post-independence period

After the proclamation of independence, the development of Islamic law was more advanced than it was in the years before independence. Article 29 Paragraph (2) of the 1945 Constitution stipulates that the Republic of Indonesia guarantees the independence of every citizen to embrace his religion and belief. As one of the forms of religious freedom as mentioned in article 29 paragraph (2), on January 3, 1946 the Department of Religious Affairs was established to take care of various matters concerning religious matters (including religious law) in Indonesia.

In subsequent developments some areas of Islamic law have been declared accepted in national law as a positive law such as Marriage Law in Law No. 1 Year 1874. The establishment of Islamic pesantrens and Islamic madrasahs has become a distinctive color for the development of Islamic Law in Indonesia. (Also read : Why is Indonesia Important)

Islamic Law and National Development

Islamic law as one of the prevailing legal system also in Indonesia which has a very important position and meaning in the framework of the implementation of the whole human development that is both the development of the world and the development of the hereafter and in the field of material and spiritual.