Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia

Nurrohman Syarif, Tajul Arifin, Sofian Al-Hakim

2017

Abstract

In Islam, the complexity and uniqueness of relation of state and religion can be traced back in history of the relation of Islamic law and state. The purpose of this study is to describe the place of Islamic law in Unitary State of Republic Indonesia and the models or alternatives that can be used to practice Islamic law. This research is a kind of non doctrinal qualitative legal research which included some problems, policy and law reform based research. The subject of this study is the substance and norms of sharia that has been accommodated by Indonesia legal system or has been applied through its protection. Data was collected from the book or documents. From this study, it can be concluded that although officially, Indonesia is not religious state, philosophically the purpose of sharia has been accommodated in Indonesia legal system, legally there is no obstacle to absorb sharia values and norms into positive law as long as it is not contrary to the constitution. This study also concluded that practically, there are some alternatives that can be used by Muslims in practicing sharia. This result implies that there is no need for Muslim to establish an Islamic theocratic state in order to practice comprehensive sharia.

Paper Citation

in Harvard Style

Syarif N., Arifin T. and Al-Hakim S. (2017). Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia.In 2nd International Conference on Sociology Education - Volume 2: ICSE, ISBN 978-989-758-316-2, pages 52-60. DOI: 10.5220/0007104306920700

in Bibtex Style

@conference{icse17,
author={Nurrohman Syarif and Tajul Arifin and Sofian Al-Hakim},
title={Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia},
booktitle={2nd International Conference on Sociology Education - Volume 2: ICSE,},
year={2017},
pages={52-60},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007104306920700},
isbn={978-989-758-316-2},
}

in EndNote Style

TY - CONF

JO - 2nd International Conference on Sociology Education - Volume 2: ICSE,
TI - Sharia in Secular State - The Place and Models for Practicing Islamic Law in Indonesia
SN - 978-989-758-316-2
AU - Syarif N.
AU - Arifin T.
AU - Al-Hakim S.
PY - 2017
SP - 52
EP - 60
DO - 10.5220/0007104306920700