THE DEVELOPMENT OF ISLAMIC LAW IN THE LEGAL SYSTEM IN INDONESIA

. Sumarwoto

Abstract


As a sovereign state of law, an absolute necessity is to reform the field of law, and to ensure that a legal system is established. System is a unity consisting of elements that interact with each other and work together to achieve the goal of unity. The unity is applied to the complex juridical elements such as rule of law, legal principles, and legal understanding. The established national legal system must be nationalized and applicable to all citizens regardless of a particular religion. Islamic law is a law that comes from the Islamic religion based on Al- Quran and Hadits. Islamic law must have a position in the national legal system, because it is alawthathas beenrecognizedevenbefore thepeopleofIndonesiaindependence.The existenceofIslamicLaw inIndonesiahas experiencedadynamicandsustainable development, both through the channels of political infrastructure and superstructure in line with the reality, demands and support, and the will for the transformation of Islamic law into the national legal system. The national legal system rests on Pancasila and the 1945 Constitution namely the principle of Belief in the One Supreme God; Implying that there is an obligation of the people of Indonesia to carry out the command of God who according in Islam to doing the Islamic Shari'a. This means that Islamic law has an important role in the development of national law.

 

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