The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education

Nurizal Ismail, Fajri Matahati Muhammadin, Haninditio Danustya

2018

Abstract

The Indonesian legal system is a religious one. However, there is strong traces of secularism in the legal education in non-Islamic universities. This article observes the teaching of purposes of law in the ‘Introduction to Jurisprudence’ course (ITJ) at the top law schools in Indonesia, particularly on the ‘Purposes of Law’ Chapter via the most used textbooks. It finds that there is little space for religiosity there especially on one of the main purposes of law according to all the textbooks: ‘utility’ primarily based on Jeremy Bentham’s utilitarianism theory. It is argued that the current approaches to utility is a secular approach which does not conform to the character of Indonesia. This article argues further that the Maqashid Al-Shari’ah is more appropriate to explain ‘utility’ in context of the Indonesian legal system, and should take its place among the ‘purposes of law’ chapter in the Indonesian legal education.

Paper Citation

in Harvard Style

Ismail N., Muhammadin F. and Danustya H. (2018). The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1084-1091. DOI: 10.5220/0009923110841091

in Bibtex Style

@conference{icri18,
author={Nurizal Ismail and Fajri Matahati Muhammadin and Haninditio Danustya},
title={The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1084-1091},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009923110841091},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - The Urgency to Incorporate Maqasid Shari’ah as an Eludication of ‘Benefit’ as a Purpose of Law in Indonesia’s Legal Education
SN - 978-989-758-458-9
AU - Ismail N.
AU - Muhammadin F.
AU - Danustya H.
PY - 2018
SP - 1084
EP - 1091
DO - 10.5220/0009923110841091